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.
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