Nicholas S. Preservati
Counsel | Co-Chair, Energy Practice Group
Charleston, WV
office 304.720.3437
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Resources

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.


  • 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

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


  • 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

Alternative Dispute Resolution Appellate Litigation Corporate & Business Law Energy Law Environmental Law Government Relations Litigation


  • 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


  • 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


  • 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

Spilman Recognized in Chambers USA 2023 Currents - Energy Industry Insights, V 7, Issue 3, 2023 Currents - Energy Industry Insights, V 7, Issue 2, 2023 Currents - Energy Industry Insights, V 7, Issue 1, 2023 Currents - Energy Industry Insights, Volume 6, Issue 12 Currents - Energy Industry Insights, Volume 6, Issue 11 Currents - Energy Industry Insights, Volume 6, Issue 10 Currents - Energy Industry Insights, Volume 6, Issue 9 Numerous Spilman Attorneys Recognized by Best Lawyers, Lawyers of the Year, Ones to Watch 2023 Currents - Energy Industry Insights, Volume 6, Issue 8