Recent Publication:
Michael Klein discussed Pennsylvania's new order providing guidance for essential businesses, including utilities, to protect employees and the public.
Michael has a national practice, spanning almost 40 years, representing utilities, municipalities, corporations, and developers in a broad array of water, wastewater, and energy related matters. In the water sector, Michael is legal counsel to state chapters of several U.S and international associations of public water suppliers. He has served as general counsel for public water suppliers in Kentucky, Maryland, Pennsylvania, Tennessee, Virginia, and West Virginia. He has significant experience in the regionalization and sale of public water and sewer facilities, and in the siting and construction of such facilities. He has also negotiated numerous management services agreement, and bulk water sales and purchase agreements. He has represented clients in obtaining water allocation permits/approvals from state agencies and interstate compacts.
In the energy sector, Michael has been involved in the leasing of natural gas and oil interests. He has represented companies involved in the fracking of shale plays, including the Marcellus. He has significant experience in the permitting, siting, and construction of large energy projects, including wind farms and solar energy facilities.
With respect to project development, Michael has extensive experience in construction law, having grown-up working in his family’s building supply and construction operation. Through the years, he has helped guide a broad spectrum of clients through significant construction issues and legal challenges, involving NPDES permits for storm water discharges associated with construction activities; erosion and sediment control permits; post-construction storm water management plans, land use, and eminent domain. When legal challenges to permits and other approvals issued to clients arise, Michael has the experience and knowledge to defend in negotiations and litigation, the permits and other approvals issued to his clients. Michael has years of experience litigating cases before federal and state courts, and other forums, including state environmental hearing boards, state public utility commissions, and local zoning hearing boards.
Michael writes a regular column providing water law updates for a water industry magazine, is quoted by national and international media, and is often a featured speaker at law conferences on subjects ranging from crisis communications to utility infrastructure projects, and regulatory compliance. Michael is rated by Martindale-Hubbell® as AV Preeminent, the “highest possible rating in both legal ability and ethical standards.”
News
November 02, 2018
Michael Klein, a member of the firm’s Utility, Environmental & Energy Practice, is quoted in Bloomberg on a ballot measure that, if approved, would prevent the city of Baltimore from selling its government-owned water and sewer system.
December 01, 2016
Michael Klein discusses the adoption of fair market value legislation for investor-owned utilities in several U.S. states in Global Water Intelligence.
August 25, 2016
Michael Klein discusses a new agreement between Rising Sun, Maryland, and the Chester Water Authority to address the town's inadequate water supply issues.
December 20, 2015
Michael Klein, co-chair of Cozen O’Connor’s Energy Industry Team, was mentioned in a Standardspeaker.com article about his case in the Greater Hazleton area.
November 03, 2014
In an article titled “Judge OKs silica sand settlement,” Michael Klein, a member of Cozen O’Connor’s Utility, Environmental & Energy practice group, discusses the recent settlement of his client’s lawsuit against Wyoming County. D&I Silica sued the county after its permit for a proposed land development was rejected by the county planning commission. Following the settlement, Senior Judge Brendan Vanston commended D&I Silica and the county for reaching a resolution and added that without the agreement, “D&I would have prevailed and your county and tax dollars would have taken a big hit.”
September 02, 2014
In an article titled, “Silica Sand Firm Sues Wyoming County,” Michael Klein, a member of Cozen O’Connor’s Utility, Environmental & Energy Group, discusses a complaint filed on behalf of D&I Silica against the Wyoming County Planning Commission. The complaint alleges that the planning body “did not satisfy the explicit requirements” of the Pennsylvania Municipalities Planning Code when it declined to grant preliminary approval of a proposed transload silica sand facility at a hearing on July 16.
June 17, 2014
Michael Klein, of the Energy, Environmental & Public Utility Group, was recently involved with the Practice Group's symposium: "Preventing Hazardous Material Catastrophes in a Changing World." Michael introduced Victoria Binetti, Chief, U.S. Environmental Protection Agency, Drinking Water, Region 3.
April 03, 2014
In a Q&A feature published by Storm Water Solutions Magazine, Michael Klein (Utility, Environmental & Energy, Washington, DC and Harrisburg, PA) discusses the increasing demand for privatized municipal water services and the effects of privatization. Michael highlights the pros and cons of privatization and provides examples of municipalities that have benefited from privatization.
April 17, 2012
Cozen O’Connor Adds Three Dewey & LeBoeuf Attorneys Including Energy Partner Michael D. Klein
Publications
April 17, 2020
Michael Klein discussed Pennsylvania's new order providing guidance for essential businesses, including utilities, to protect employees and the public.
April 13, 2020
Michael Klein and Michael Connolly provide updates to restrictions Pennsylvania and New Jersey have issued on the energy industry.
April 07, 2020
Dave Zambito, Michael Klein, Michael Connolly, and Jonathan Nase explain what utility companies need to know about their construction projects in Pennsylvania and New Jersey.
March 24, 2020
David Zambito, Michael Klein, Michael Connolly, Gregory Eisenstark, Ira Megdal, and Jonathan Nase discuss the executive orders in New Jersey and Pennsylvania impacting the utility industry.
February 07, 2020
Michael Klein authored an article in the Pennsylvania American Water Works Association’s quarterly magazine, The Water News Source, on regulations related to PFAS contamination.
May 20, 2019
Peter Fontaine, Michael Klein, and Marcia Mulkey discuss the Pennsylvania Department of Environmental Protection's tracking approximately 19 sites with known contamination with PFOA and PFOS and its PFAS sampling plan, targeting 300 public water supplies with elevated potential for contamination and testing for six PFAS compounds
April 18, 2019
Michael Klein authored an article on a ballot question in Baltimore that would determine if the city’s water and sewer systems could be sold, leased, or privatized.
March 29, 2019
Michael Klein discusses the civil and criminal charges water companies could face if found in violation of the Pennsylvania Safe Drinking Water Act.
January 01, 2018
Michael Klein, a member of Cozen O’Connor’s Utility, Environmental & Energy Practice Group, discusses the rise of sexual harassment awareness in every sector of society, including the water industry, in Pennsylvania American Water Works Association's magazine, The Water News Source.
April 24, 2017
David Heffernan, Michael Klein and Jennifer Urban discuss how drones will revolutionize the way water and sewer systems operate and the legal restrictions that accompany this new practice.
January 27, 2017
Michael Klein, a member of Cozen O'Connor's Utility, Environmental & Energy practice, discusses Pennsylvania water law in the PA Section - American Water Works Association.
May 04, 2016
Michael Klein, David Zambito and Troy Sellars discuss Act 12 that revises Chapter 13 of the Pennsylvania Public Utility Code to provide a framework for valuing, for ratemaking purposes, water and wastewater systems that are owned by a municipal corporation or authority and that are to be acquired by another entity that is or will be regulated by the Pennsylvania Public Utility Commission as a public utility.
April 24, 2016
Michael Klein discusses dwindling consumer confidence in the safety of their tap water in light of the water crisis in Flint, Michigan.
February 03, 2016
Michael Klein discusses the legal issues affecting water suppliers in Pennsylvania in the winter 2015-16 issue of the Water News Source.
October 15, 2015
Michael Klein discusses the Commonwealth Court’s recent decision in Valley Forge Sewer Authority v. Hipwell et all. involving a municipal authority’s efforts to collect rates for several years of services that had been rendered, but not previously billed by the authority due to inaccurate information.
January 29, 2015
In an article titled ''The PA Supreme Court makes decisive eminent domain ruling,'' Michael Klein, co-chair of Cozen O’Connor’s Energy Industry Team, discusses Pennsylvania’s Property Rights Protection Act and how investor-owned water utilities are not regulated under the Act, but remain subject to the Eminent Domain Code and applicable case law that provide restrictions on their exercise of the right of eminent domain.
October 31, 2014
In an article titled “Pennsylvania Water Law: Contamination Incidents and Liability,” Dexter Hamilton, a member of Cozen O’Connor’s Commercial Litigation Department, Michael Klein, co-chair of the firm’s Energy & Utilities Industry team, and Thomas Leonard, an associate in the Commercial Litigation Department, address recent water contamination incidents and the inevitable legal actions that follow.
June 17, 2014
Cozen O'Connor's Energy Environmental & Public Utility Group convenes a symposium of national experts in Philadelphia to discuss emerging issues surrounding catastrophic releases of hazardous materials.
April 28, 2014
In an article titled, “The Freedom Industries’ Chemical Spill – It Didn’t Stay in West Virginia” published in the April issue of The Authority magazine, Michael Klein (Utility, Environmental & Energy, Washington, DC and Harrisburg, PA) discusses the ramifications of the recent Freedom Industries chemical spill and encourages public water suppliers to prepare for such an event by updating their vulnerability assessments, emergency response plans, and employee training programs.
March 19, 2014
In an article titled “Your Vulnerability and Emergency Response Plan – Friends or Enemies?” Michael Klein recommends – following the recent Elk River chemical spill in West Virginia – that every public water system consider doing at least two things: (1) review and update existing vulnerability assessments and emergency response plans; and (2) regularly train and educate employees with respect to the assessments and plans.
February 20, 2013
Little more than a week after reports of cyber attacks targeted at the Department of Energy, The New York Times and The Wall Street Journal, President Obama declared in his State of the Union address that these forms of attacks on the nation’s critical infrastructure are rapidly growing and present “real threats to our security and our economy.”
January 01, 2013
Over the last several years, attorneys have begun to see the focus of environmental regulations in the United States shifting from cleaning up legacy contamination to anticipating the environmental challenges of the future.
July 05, 2012
Pennsylvania Amends Municipality Authorities Act to Restrict Authority Expenditures - Energy, Environmental and Utilities Alert - On June 27, 2012, Pennsylvania Governor Tom Corbett signed into law Senate Bill 375, which had been approved by a vote of 47-0 in the Senate on June 13 and by a vote of 196-0 in the House on June 19. The bill places certain restrictions on municipal water and sewer authorities’ ability to expend resources on activities not related to their core purpose.
May 04, 2012
EPA Issues Final Emissions Standards for Oil & Natural Gas Sector - Energy, Environmental and Utilities Alert - On April 17, 2012, the U.S. Environmental Protection Agency (EPA) finalized performance and emissions standards for emissions from hydraulically fractured natural gas wells and
other source categories in the oil and natural gas sector. Specifically, the rule revises New Source Performance Standards (NSPS) under 40 C.F.R. part 60, subparts KKK, LLL and new OOOO as well as National Emissions Standards for hazardous Air Pollutants (NESHAP) under 40 C.F.R. part
63, subparts HH and HHH.
Events & Seminars
Past Events
May 07, 2019
- Harrisburg, PA
April 17, 2019
- Hershey, PA
February 28, 2019
- Reading, PA
October 24, 2018
- Philadelphia, PA
September 24, 2018
- Boalsburg, PA
May 10, 2018
- Pocono Manor, PA
October 13, 2017
- Cranberry Township, PA
May 31, 2017
- Harrisburg, PA
May 18, 2017
- Mechanicsburg, PA
May 09, 2017
- Harrisburg, PA
April 25, 2017
- Hershey, PA
August 11, 2016
- Webinar
May 10, 2016
- Bethlehem, PA
May 03, 2016
- Harrisburg, PA
May 05, 2015
- Harrisburg, PA
June 17, 2014
- Philadelphia, PA
May 08, 2014
- Bethlehem, PA
May 06, 2014
- Harrisburg, PA
May 30, 2013
- Harrisburg, PA
May 07, 2013
- Harrisburg, PA
May 08, 2012
- Harrisburg, PA