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Dennis P. Harkawik

Partner

dharkawik@jaeckle.com



12 Fountain Plaza
Buffalo, NY 14202-2292


P: 716.843.3848

F: 716.856.0432



Practice Areas

Economic & Land Development

Environmental

International Business

Dennis P. Harkawik is Administrator and a partner in the Firm's Environmental practice group.  He is also a member of the Firm's Economic & Land Development and International Business practice groups. For more than 27 years, Mr. Harkawik has practiced environmental law and brings significant experience in complex environmental matters including permitting and enforcement proceedings before federal, state and local regulatory agencies and courts.

During his career, Mr. Harkawik has successfully represented clients in Superfund litigation in federal and state courts and obtained necessary permits and approvals for controversial large solid and hazardous waste management facilities, public utility and energy projects, industrial facilities and commercial developments. In late 2007, he completed a private cost recovery action trial that lasted eight weeks.  He is awaiting a decision in the matter, which seeks over $5 million in post costs and millions more in future costs. In 1998 he successfully represented a defendent in the first known CERCLA litigation tried before a jury. He has also counseled industrial and utility clients on compliance matters, including recent developments under the Clean Air Act Amendments, and co-edited a book entitled The New Clean Air Act: Compliance and Opportunity. In 1989, Mr. Harkawik successfully overturned New York State's hazardous waste regulations before the New York Court of Appeals, and subsequently negotiated new regulations with the New York State Department of Environmental Conservation which was the first significant negotiated rulemaking in New York. He has also negotiated numerous consent orders, consent decrees and settlement agreements.

Mr. Harkawik chairs the Firm's Economic & Land Development Practice group.  In recent years he has counselled developer clients on Brownfields Cleanup Program, including upstate New York's largest brownfield project located in downtown Buffalo. He has also advised clients in voluntary cleanups and brownfield developments at over 30 sites throughout the state. 

Mr. Harkawik has worked with corporate, real estate and finance attorneys to provide environmental due diligence and disclosure counseling in corporate acquisitions, divestitures, debt and stock offerings, as well as working on numerous brownfield developments. He has also represented public utility and insurance clients in ratemaking and prudence proceedings before federal and state regulatory agencies.

Education:

New York University School of Engineering (B.Ch.E., 1972, M.Ch.E., 1974); New York University School of Public Administration (M.P.A., 1974); State University of New York at Buffalo (J.D., cum laude, 1979). Articles Editor, Buffalo Law Review, 1978-79

Admissions:

1980 New York State Bar; 1980 New York State Courts; 1980 U.S. District Court, Eastern and Southern Districts of New York; 1994 U.S. District Court, Western District of New York; 1983 U.S. Court of Appeals, Fourth Circuit; 1985 U.S. Supreme Court; 1997 Court of Appeals, Second Circuit

Principal Area(s) of Practice:

Environmental Law; Public Utility Law; Administrative Law

Experience:

Mr. Harkawick practices before the NYS Department of Environmental Conservation and the Environmental Protection Agency, State Environmental Agencies, FERC & State Public Utilities Commissions.  He also worked at the New York State Department of Environmental Conservation (1974-1976) prior to attending law school.

Memberships & Offices:

New York State Bar Association (Member, Environmental Section); New York Business Council including participation in the Environmental Committee and Environmental Law Subcommittee; New York State Chemical Alliance