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.

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)
     
Chemical Energy Law Environmental Law Government Relations Litigation Midstream Services

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
Currents - Energy Industry Insights, Volume 5, Issue 24 Currents - Energy Industry Insights, Volume 5, Issue 20 Currents - Energy Industry Insights, Volume 5, Issue 18 Spilman Recognized in Chambers USA 2021 Currents - Energy Industry Insights, Volume 5, Issue 16 Currents - Energy Industry Insights, Volume 5, Issue 15 Currents - Energy Industry Insights: Volume 5, Issue 14 Currents - Energy Industry Insights, Volume 5, Issue 13 Currents - Energy Industry Insights: Volume 5, Issue 12 Currents - Energy Industry Insights: Volume 5, Issue 11 Spilman Represents O&G Association on AST Regulations Spilman Works with Trade Association to Shape WV's Environmental Policies