Mr. Preservati has over 25 years of experience in the energy industry as a C-suite executive, general counsel and litigator. His primary area of practice is energy law with an emphasis in complex litigation and energy/climate policy.

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Experience

• Defending energy clients in all facets of litigation, including complex, “bet-the-company” matters
• Representing corporate plaintiffs in multi-million-dollar litigation
• Advising federal and state legislators on energy issues
• Represented global Fortune 100 company and served as de facto general counsel for multiple subsidiaries
• As in-house counsel for Fortune 500 electric utility, litigated and managed thousands of personal injury, asbestos and wrongful death cases
• Drafted West Virginia statutes and regulations regarding the drilling and operation of oil and natural gas wells and natural gas pipeline safety
• Vice Chair, West Virginia Public Energy Authority
• Director, West Virginia Office of Energy

Representative Cases

• Adkins v. Appalachian Power Company et al., Civil Action No.: 3:21-cv-00164
• L&D Investments, Inc. v. Mike Ross, Inc., et al., 241 W. Va. 46, 818 S.E.2d 872 (2018)
• Martin v. A.I.O. Holdings, LLC, Circuit Court of Jackson County, West Virginia, Civil Action No.: 9-C-31
• Mountain Valley Pipeline v. Simmons, et al., Civil Action No.: 17-cv-211 (N.D. W.Va.)
• National Council of Coal Lessors, et al. v. Cabot Oil & Gas, Corp., Circuit Court of McDowell County, WV (2006)
• Norfolk Southern Railway Company v. National Union Fire Insurance of Pittsburgh, PA, 999 F. Supp. 906 (S.D. W.Va. 2014)
• Ohio Valley Environmental Coalition et al v. United States Army Corps of Engineers et al., Civil Action No.: 3:05-0784 (S.D. W.Va.)
• Ohio Valley Environmental Coal v. United States Army Corp of Engineers, Docket No.: 10-1341, United States Fourth Circuit Court of Appeals

Education

• University of Notre Dame, B.A.
• Loyola University Chicago School of Law, J.D.
• Johns Hopkins University, M.S., Energy Policy and Climate, summa cum laude

Distinctions

• AV® Preeminent™ Peer-Review Rated by Martindale-Hubbell
• Nominated by his peers for inclusion in The Best Lawyers in America in the areas of Energy Law and Natural Resources Law
• Recognized by Chambers USA for Energy & Natural Resources Law
• JD Supra Readers' Choice Top Author, Energy Law, 2019-2022

Admissions

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

Memberships

• American Bar Association:
  • Chair YLD, Public Utilities, Transportation & Telecommunications Committee;
  • Chair YLD, Environment, Energy & Resources Law Committee;
  • Environment & Energy Litigation Section - Editor
  • Environment, Energy & Resources Committee
  • Climate Change, Sustainable Development & Ecosystem Section
• Energy & Mineral Law Foundation, Board of Trustees, 2021-present
• Forbes Business Counsel
• Lex Mundi, Energy and Resources Industry Group Vice Chairman for North America, 2017-2021
• World Services Group, Energy Group Leader for North America 2021-Present

Publications & Presentations

• Author, Understanding the Shortfalls of the 2021 Interim Social Cost of Carbon, Environmental & Energy Litigation, American Bar Association Litigation Section, Summer 2022, Vol. 6 No. 3
• Presenter, Interference with Coal Mining Operations, National Council of Coal Lessors, Washington, D.C.
• Presenter, Oil & Gas Issues, 35th Annual West Virginia Mining Symposium, Charleston, WV
• Presenter, Oil & Gas Interferences with Coal Mining Operations, 33rd Kentucky Mineral Law Conference, Lexington, KY
• Presenter, Marking Gas Lines, 36th Annual West Virginia Mining Symposium, Charleston, WV
• Presenter, Practical Implications of Oil & Gas Well Spacing for Coal Mining Operations, Spilman Environmental Forum, Wheeling, WV
• Interviewer, Climate Change and Fossil Fuels, Interview of Dr. Patrick Moore, Founder of Greenpeace, Vancouver, Canada
• Presenter, Recent Developments in Global Energy Markets, Lex Mundi, Prague, Czech Republic
• Presenter, Overview of Recent Climate Change Litigation, Spilman Energy Forum, Charleston, WV
• Moderator, Conversations on Climate Change, panel of four worldrenowned climate scientists, Spilman Energy Forum, Charleston, WV
• Presenter, Impacts of Citizen Groups & Non-Governmental Organizations in Energy and Renewable Efforts, Lex Mundi Joint Global Meeting, Columbia University, New York, NY
• Presenter, Geo-Political Challenges to Energy System Integration (ESI), Lex Mundi Environmental and Energy Joint Global Meeting, Paris, France
• Author, The US Should Pursue CCS Technology, Johns Hopkins University
• Author, Climate Change Adaptation Plan for the Ohio River Basin, Johns Hopkins University
• Interviewer, European Commission Carbon Markets, Interview of Damian Meadows of European Commission
• Author, China's National Climate Policy: Goals vs. Implementation, Johns Hopkins University
• Author, Cognitive Dissonance and the Appalachian Coal Miner's Aversion to Electric Vehicles, Johns Hopkins University
• Author, The Road Less Followed - Changing the Allocation of Funding between Highways and Mass Transit in Future Federal Surface Transportation Bills, Johns Hopkins University
• Author, Multi-Step Framework for Developing Climate Change Adaptation Response Plans, Johns Hopkins University
• Author, FERC Order 1000 - A Useful Tool that Needs Revamping, Johns Hopkins University
• Author, Climate Change Induced Migration Case Study - Bangladesh, Johns Hopkins University
• Author, Climate Change Mitigation and Adaptation Strategies - Savannah, Georgia, Johns Hopkins University
• Author, Whether the Social Cost of Carbon Determined Pursuant to President Biden's Executive Order 13990 Meets the Admissibility Requirements for Scientific Expert Testimony in U.S. Federal Court, Johns Hopkins University
• Panelist, Pathways for Workforce Development and Training - Enabling Regional and Community Benefits - West Virginia Hydrogen Hub Coalition - Charleston, WV