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Spilman Thomas & Battle, PLLC

David L. Yaussy

David L. Yaussy

Chair, Environmental
Member

Expertise

  • Energy Law
  • Environmental
  • Chemical
  • Environmental Law

WSG Practice Industries

Activity

WSG Leadership

Environmental
Co-Chair

Spilman Thomas & Battle, PLLC
West Virginia, U.S.A.

Profile
Mr. Yaussy’s primary areas of practice are energy and environmental law, including environmental litigation, environmental permitting, and administrative appeals for the natural gas, chemical, manufacturing, silviculture and agriculture industries.

Bar Admissions

Admissions

  • West Virginia State Bar
  • West Virginia Supreme Court of Appeals
  • Ohio Supreme Court
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • United States District Court for the Southern District of Ohio
  • United States Court of Appeals for the Fourth Circuit

Education

  • Otterbein University, B.A., Political Science and History, 1981
  • The Ohio State University Moritz College of Law, J.D., 1984
Areas of Practice

Chemical | Energy Law | Environmental | Environmental Law | Government Relations | Litigation | Midstream Services

Professional Career

Significant Accomplishments

  • Appearing before state agencies and courts regarding appeals of environmental permits and administrative enforcement actions
  • Advising oil and gas operators and midstream companies on compliance with state and federal statutes and regulations
  • Representing the West Virginia Manufacturers Association (WVMA) Environmental Health and Safety Committee and the West Virginia Oil & Natural Gas Association (WVONGA) Environmental Committee on environmental and energy issues
  • Providing representation in rulemaking and variances before the Ohio River Valley Water Sanitation Commission (ORSANCO)
  • Representing landowners in lawsuits brought for flooding in areas of natural resource development
  • Advocating on behalf of business and trade associations before the West Virginia Department of Environmental Protection and the West Virginia Legislature on environmental and natural resource issues
  • Arguing before the United States Court of Appeals for the Fourth Circuit and the West Virginia Supreme Court of Appeals
  • Appearing before the West Virginia Environmental Quality Board on appeals of NPDES permits and enforcement actions
  • Appearing before the Air Quality Board on appeals of air permits
  • Appearing before the Coalbed Methane Review Board and Shallow Gas Well Review Board on matters pertaining to gas production
  • Negotiating amendments to State water quality standards for storm water and process water discharges

  • Reported Cases

  • Lois Alt. v. U.S. Environmental Protection Agency, No. 2:12-CV-0042 (N.D.W.Va.)
  • Sierra Club et al. v. West Virginia Department of Environmental Protection and TransGas Development Systems, LLC, AQB Appeal No. 10-01-AQB (2010)
  • Hughes v. Benedict, Director of Division of Air Quality, and Appalachia Midstream Services, Inc., AQB Appeal No. 10-03-AQB (2011)
  • In Re Flood Litigation 216 W. Va. 537, 607, S.E.2d 863 (2004)
  • Monongahela Power Co. v. Chief, Office of Water Resources, 211 W. Va. 619, 567 S.E. 2d 629 (2002)
  • State of West Virginia ex rel. Three Rivers Companies LLC v. Hoffman et al., West Virginia Supreme Court Appeal No. 12-0480
  • Loudermilk Services, Inc. et al v. Marathon Ashland Petroleum LLC, et al Civil Action No 3:04-0966 (S.D. W.Va)


  • Seminars

  • Presenter, "Water Quality and Permitting," West Virginia Law and Regulations Seminar, 2014
  • Presenter, "The Role of Federal, State and Local Governments in Protecting Water Quality," 2012 West Virginia Water Research Conference, 2012
  • Presenter, "Are NPDES Permits Required for Logging Roads?" Land and Mineral Owners Association Seminar, 2012
  • Presenter, "Jurisdictional Waters," Energy and Mineral Law Foundation, 36th annual Mineral Law Conference, 2011
  • Presenter, TDS Policy Panel Presentation, West Virginia Water Conference, 2010
  • Presenter, "Coalbed Methane Water Treatment and Effluent Guidelines," Energy and Mineral Law Foundation, 33rd annual Mineral Law Conference, 2008
  • Presenter, "Protecting What Doesn't Exist: West Virginia - Statewide Public Water Supply Use Designation," United States Environmental Protection Agency National Symposium, 2002

  • Articles

    Publications & Presentations

    • Co-author, “Unringing the Bell: Time for EPA to Reconsider its Greenhouse Gas Endangerment Finding,” West Virginia Law Review Vol. 116, No. 3, 2014
    • Co-Author, “Are Coal Mines Now Stationary Sources Under the Clean Air Act?”  Energy and Mineral Law Foundation, 2012
    • Contributor, West Virginia Manual of Environmental Law, 3rd ed., 1999
    • Co-author, “The Voluntary Remediation and Redevelopment Act - West Virginia Restructures Environmental Liability,” West Virginia Law Review Vol. 99, No. 3, 1997
    • Presenter, “Water Quality and Permitting,” West Virginia Law and Regulations Seminar, 2014
    • Presenter, “The Role of Federal, State and Local Governments in Protecting Water Quality,” 2012 West Virginia Water Research Conference, 2012
    • Presenter, “Are NPDES Permits Required for Logging Roads?” Land and Mineral Owners Association Seminar, 2012
    • Presenter, “Jurisdictional Waters,” Energy and Mineral Law Foundation, 36th annual Mineral Law Conference, 2011
    • Presenter, TDS Policy Panel Presentation, West Virginia Water Conference, 2010
    • Presenter, “Coalbed Methane Water Treatment and Effluent Guidelines,” Energy and Mineral Law Foundation, 33rd annual Mineral Law Conference, 2008
    • Presenter, “Protecting What Doesn't Exist: West Virginia’s Statewide Public Water Supply Use Designation,” United States Environmental Protection Agency National Symposium, 2002


    WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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