David L. Yaussy
Chair, Environmental Practice Group | Member
Charleston, WV
office 304.340.3829
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Community Involvement
  • Resources
  • Results

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.


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


  • 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)
Chemical Corporate & Business Law Energy Law Environmental Law Government Relations Litigation Midstream Services


  • 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.


  • 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


  • 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
Spilman Recognized in Chambers USA 2023 Currents - Energy Industry Insights, V 7, Issue 5, 2023 Currents - Energy Industry Insights, Volume 7, Issue 4 Currents - Energy Industry Insights, V 7, Issue 3, 2023 Currents - Energy Industry Insights, Volume 6, Issue 12 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 Currents - Energy Industry Insights: Issue 7, 2022 Spilman Represents O&G Association on AST Regulations Spilman Works with Trade Association to Shape WV's Environmental Policies