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Kolaga enjoying life as a lyrical litigator

Thu, Jun 17th 2010 12:00 am
By MATT CHANDLER
mchandler@bizjournals.com | 716-541-1654

Now if you asked a young man in the old days what he'd want, he'd say ‘Get me into Hooker, into Carbo or Dupont; But if you asked a young man now, I don't know what he'd say; Cept, ‘Can't you spare a couple bucks so I can get away?'

- Excerpt from the song "Devil's Hole,"
written by attorney John Kolaga

Ask John Kolaga about the oil spill in the Gulf of Mexico and you will get the measured, thoughtful response of a man who earns his living dealing with environmental law. You'll also get the thoughts of a man who worked in the thick of the pre-eminent, groundbreaking environmental trial of the 20th century: a case known simply as Love Canal.

Today, Kolaga serves as special counsel at Damon Morey LLP, where he chairs the firm's environmental practice group. If you're wondering about the lyrics, you'll find there is more than just environmental law behind this environmental lawyer. Kolaga has a passion for music, as well as a passion for the city of Buffalo. Both come through as the veteran attorney opines on the environment, the economy and everything in between.

Take a conservative approach

British Petroleum may have already been convicted in the court of public opinion, but for a seasoned attorney like Kolaga, he is taking a wait-and-see approach.

"Unlike most environmental issues, this is still in progress," he said of the spill. "It is really difficult to say right now (what the long-term impact will be)."

There will be plenty of time later for finger-pointing, he said. As for the scope of the accident, he said he sees it as a much-grayer area than what has been portrayed in the media.

"I would say that if you look at global releases of petroleum into the environment, it probably isn't a big deal. But on the other hand, this is a concentrated area affecting a sensitive environment," he said. "So it's a serious issue and we don't know whether it is going to be resolved this week, this month or even this fall."

When the time comes to point the inevitable finger, Kolaga said he sees a shared sense of responsibility for the environmental disaster in the gulf.

"If you play this game, you've got to be ready to take the heat. The stakes are high, the return is very high, but then so is the risk," he said, referring to BP. "It's easy to point the finger and say, ‘It's all your fault.' But it's not entirely fair to blame them for this problem."

The spill is, in part, "the price of the lifestyle we are living," he said, adding that if anything good is to come from the BP spill, it may be in Americans reconsidering certain lifestyle choices and the cost that comes with them.

"This will be a situation that will prompt a lot of hard thinking about the future and how we make sure that this doesn't happen again," he said.

Cautiously optimistic

Locally, Kolaga says business at his firm is going strong, and his sense it that the uptick is being felt across Western New York.

"I think people are feeling cautiously optimistic that the worst is behind us," he said. "A lot of the work I do is litigation but also a lot of transactional work, and those (transactions) are still occurring and people are getting money to do them. I think the spigot is loosening up a bit, and that is a good thing."

Lyrical litigator

For Kolaga, the conversation can seamlessly transition from the complexities of litigating a major environmental disaster to the pleasures of strumming his guitar after a long day at the office. He has love and appreciation for both, he said.

After some time away from music while his children were young, Kolaga teamed up with childhood friend and former Niagara Falls Police Chief Ernie Palmer. They are collaborating on their first album. Among the tracks, which are being laid down in a basement studio in Palmer's house, is the aforementioned "Devil's Hole," a tune Kolaga wrote to pay homage to his childhood home of Niagara Falls.

"When I was a young guy, we had it made. This was a great place to be," he said of the Falls. "There is a real sense of pride in Niagara Falls from that generation. The song is sort of a survey from those days through the times that have followed that weren't so good."

Kolaga, who handles vocals and guitar on the upcoming album - and is handy with a flute, as well - says he writes his music in the shadows of those he admires in the business, including Gordon Lightfoot and Leonard Cohen.

"It is such a blast to get to play something that you think is in the vein of some of your musical heroes and something that just moves you," he said. "I don't think either one of us have any illusions - I guess we have dreams that someone might pick a song up and it would be recorded by someone, but mostly we do it for our own satisfaction and to say we did it."

A litigator by day and lyricist by night, Kolaga also manages to find time to serve as chairman of the Erie County Bar Association's Environmental Law Committee and president of the Elmwood Village Association, where his passion for Buffalo rivals his love of music.

"My wife and I have lived in the city since we were married 25 years ago. We love the visitors, the cultural opportunities and just the atmosphere in Elmwood Village," he said.

As for his work on the board, Kolaga approaches it with the same humility as his music, saying, "We are just trying to do our part to promote and protect the quality of life on the Elmwood strip and throughout the city."

He and Palmer hope to have their first CD, titled "Becoming Someone New," completed by the end of the year. Asked what people can expect from the disc, Kolaga said it is more about the experience than the result.

"I'm certainly not Eric Clapton," he said with a smile, "but I can play a folk song."