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.

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Education

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

Experience

• Appearing before state agencies and courts regarding appeals of environmental permits and administrative enforcement actions
• Advising on brownfield remediation including RCRA Corrective Action and CERCLA issues
• Advising clients on responses to notices of violations and other enforcement activity
• Advising on all aspects of water, air, and solid waste permitting
• Advising on siting of industrial and energy generation projects
• 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 Gas & Oil Association of West Virginia (GO-WV) Environmental Committee on environmental and energy issues
• 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
• Negotiating amendments to State water quality standards for storm water and process water discharges

Reported Cases

• Ohio Valley Environmental Coalition v. Eagle Natrium, Civ. Action No. 5:19-CV-236 (N.D.W.Va. 2019)
• 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)

Distinctions

• Named the Best Lawyers^® 2019 "Lawyer of the Year" in the area of Litigation - Environmental in Charleston, W.Va.
• Nominated by his peers for inclusion in The Best Lawyers in America® for Environmental Law and Litigation - Environmental
• Recognized by Chambers USA: America’s Leading Lawyers for Business for Natural Resources: Environment
• Named the Best Lawyers^® 2018 & 2015 "Lawyer of the Year" for Environmental Law in Charleston, W.Va.

Admissions

• West Virginia State Bar
• West Virginia Supreme Court of Appeals
• 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

Memberships

• West Virginia Bar Association
• Kanawha County Bar Association
• Energy and Mineral Law Foundation

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

Community Involvement

• Board Member, Members Choice West Virginia Federal Credit Union
• Trustee, Energy and Mineral Law Foundation
• Legal Aid of West Virginia Board of Directors
• President, Charleston Vandalia Rotary Club