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Phillip R. Bower
Attorney
33 East Main Street, Suite 300
P.O. Box 1379
Madison, WI 53701-1379
Phone: (608) 258-7391
Fax: (608) 258-7138


Environmental Law
Phillip Bower is a shareholder in Whyte Hirschboeck Dudek S.C.’s Madison office who counsels clients on environmental compliance and risk management associated with business operations and transactions, including air permitting, water permitting, hazardous waste and EPCRA issues, and the investigation and remediation of contaminated properties. Mr. Bower’s breadth of experience with environmental laws and engineering background, as well as his relationships with technical consultants and state and federal regulators, allows him to effectively and efficiently assist clients in developing strategies to reach their environmental, natural resource, energy and sustainability objectives.

Mr. Bower is a frequent lecturer on environmental and renewable energy topics before environmental professional trade groups and attorneys, including the Federation of Environmental Technologists. He helped implement his firm's internal sustainability committee that focuses on waste reduction, energy conservation and employee education. He is active with the American Bar Association’s Section of Environment, Energy, and Resources and serves as the Vice-Chair for Public Service of the Section’s Air Quality Committee. Mr. Bower also serves on the board of directors for Community GroundWorks, a Madison nonprofit that manages Troy Gardens and focuses on educating and connecting individuals to urban agricultural and natural lands. He founded the Madison Chapter of the Penn State Alumni Association and currently serves as President.

Education

  • Georgetown University Law Center, J.D., 2004; Symposium Editor, Georgetown Journal of Legal Ethics and recipient of St. Thomas More Award for Legal Ethics
  • The Pennsylvania State University, B.S. in GeoEnvironmental Engineering, with distinction, 1999; M.S. in Mineral Processing, 2001

Admissions

  • Wisconsin
  • Pennsylvania
  • New Jersey
  • U.S. District Court, Western District of Wisconsin
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, District of New Jersey

Awards & Distinctions

  • Madison InBusiness 40 Under 40 Class of 2014
  • Morris K. Udall Scholar for Environmental Public Policy

Representative Work

  • Air – Assists clients, including utilities, oil and natural gas pipelines, manufacturers, metal fabrication and coating facilities, and motorized equipment manufacturers, with Clean Air Act permitting and compliance for major and minor sources, annual compliance and monitoring reporting, potential to emit (PTE) and NSR historical analyses, RACT, NESHAP and NSPS applicability, NR 445 state air toxics, and RMP.
  • Engines – Assists clients, including equipment manufacturers, with motor vehicle, nonroad, and stationary engine requirements, including compliance with transition programs, engine replacement, anti-stockpiling, contract manufacturing, and importing and exporting.
  • Site Investigation and Remediation – Counsels clients, including developers, banks, credit unions, and businesses, on the investigation, reporting and remediation of contamination including coordination and evaluation of Phase I site assessments to ensure compliance with All Appropriate Inquiries, planning and review of Phase II investigations, negotiation of access agreements, preparation of applications for off-site liability, historical fill construction, and lender liability exemptions, storage tank registrations and removals, and advising on remediation and site closure strategies.
  • Wastewater, Waterways and Wetlands – Assists clients with NPDES and WPDES wastewater and stormwater permitting and compliance, including pretreatment and low impact development practices, and with waterway and wetland permitting and compliance and water quality certifications under the Clean Water Act §§ 401 and 404, Chapter 30, state and federal wetland programs, and Army Corps of Engineers regulations.
  • Real Estate and Corporate Transactions – Advises clients on strategies to reduce environmental risk associated with real estate and corporate transactions, including coordination of due diligence reviews of environmental permitting and compliance information, planning and evaluation of Phase I and Phase II site investigations, negotiation of environmental risk-shifting provisions, and cooperation with state agencies regarding exemptions or clarifications.
  • Compliance and Enforcement – Assists regulated industries with environmental reporting and recordkeeping, compliance audits, self-disclosure, corrective action, and responses to agency notices of violation and information requests and negotiates with regulators to obtain fair resolutions to alleged violations.
  • Hazardous and Toxic Materials and Waste – Advises clients on compliance with hazardous waste storage, transportation and disposal regulations, universal waste requirements, Pollution Prevention planning, PCB Mega Rule, RCRA permitting and financial assurance requirements, and California's Proposition 65 regulations.
  • Climate Change – Assesses the impact of current and potential greenhouse gas regulation on business activities and helps clients with the development of carbon footprint reduction strategies and the voluntary registration of emission reductions and carbon offsets.
  • Endangered Species – Advises clients on state and federal endangered species consultation processes and helps clients obtain incidental take permits.
  • Environmental Assessments/Impact Statements – Assists clients with the NEPA and WEPA process, including preparation of environmental assessments and impact statements, including cultural and historical preservation issues.

Articles and Presentations

  • Air Update, Presenter, State Bar of Wisconsin, 25th Annual Environmental Law Update, Milwaukee, Wisconsin (September 26, 2013)
  • Environmental Permitting and Impacts on Construction, Presenter, Associated General Contractors of Wisconsin Webinar Series (February 28, 2013)
  • U.S. EPA and Wisconsin Priorities and Initiatives and Permitting Best Practices and Panel Discussion: Evaluating and Commenting on Draft Permit Conditions, Presenter, Federal of Environmental Technologists (FET) Air Quality and Annual Environmental Reporting Seminar (January 29 and February 7, 2013)
  • Environmental Law, Presenter, University of Wisconsin-Madison CEE 491 Legal Aspects of Engineering (November 7, 2012)
  • U.S. EPA and Wisconsin Priorities and Initiatives, Presenter, Federation of Environmental Technologies (FET) Air Compliance and Reporting Requirements Seminar (February 1 and 8, 2012)
  • Environmental Law, Presenter, University of Wisconsin-Madison CEE 491 Legal Aspects of Engineering (November 28, 2011)
  • Environmental Health & Safety Regulations: What You Need to Know, Presenter, FET Environmental, Health & Safety Primer (October 24, 2011)
  • ABA-EPA Law Office Climate Challenge: One Firm’s Experience, Author, The Young Lawyer, an ABA Publication (April 2011)
  • Will Higher Costs Aid Clean Energy Tech?, Quoted, In Business Magazine (April 2011)
  • New Environmental Laws and Regulations and Their Potential Impact on Renewable Energy Development, Presenter, 2011 Green Energy Summit (March 10, 2011)
  • Air Compliance and Reporting Requirements, Presenter, Federation of Environmental Technologists (FET) Seminar (January 29, 2011)
  • New Rules: The Ever Changing Green Energy Regulatory Landscape, WHD Breakfast Seminar (November 4, 2010)
  • Environmental Health & Safety Regulations: What You Need to Know, Presenter, FET Environmental, Health & Safety Primer (October 25, 2010)
  • Keeping Count: Carbon Credits and Greenhouse Gas Regulation, Presenter, WHD Breakfast Seminar (August 17, 2010)
  • USEPA Priorities/Initiatives, Presenter, Air Compliance and Reporting Requirements Seminar, DeForest, WI (February 4, 2010)
  • Current Developments in Greenhouse Gas Regulation, Presenter, University of Wisconsin-Madison Triple Bottom Line Accounting Class (October 22, 2009)
  • Environmental Health & Safety Regulations: What You Need to Know, Presenter, FET Environmental, Health & Safety Primer (October 19, 2009)
  • New Legislative Proposals Could Help Spur the Development of Biomass Use in Electric Generation, Author, Wisconsin Bio Industry Alliance (WBIA) Newsletter (June 2009)