Chair, Natural Resources Practice Group | Co-Chair, Energy Practice Group | Member
Charleston, WV
office 304.340.3838
mobile 304.389.0220
Mr. Herlihy's primary areas of practice are energy, natural resource law and general business acquisitions. He has more than 30 years of experience assisting clients in these areas.

Education

  • University of Virginia, B. A., with honors, 1977
  • University of Virginia School of Law, J.D., 1981

Experience

  • Negotiating and documenting the acquisition and sale of businesses and related assets for natural gas, coal and land companies
  • Representing lenders and borrowers in loan and other financial transactions related to the natural gas, coal, timber, and land holding businesses
  • Negotiating and preparing natural gas and coal supply agreements
  • Negotiating and preparing oil and gas and coal lease agreements
  • Negotiating and preparing timber sale agreements, timber harvesting contracts, and forestry management agreements
  • Negotiating and preparing master services, transportation, drilling, loading and other natural resource service agreements
  • Negotiating and preparing easements, licenses, rights-of-way, wheelage and other natural resource land use agreements
  • Representing oil and gas and coal companies for contract disputes in either an arbitration or civil litigation forum
  • Representing land holding companies for contractual disputes in either an arbitration or civil litigation forum
  • Negotiating and preparing pipeline operating and management agreements
  • Representing vendors for equipment and services in the natural resource industry
  • Providing real property/title services to natural resource companies
  • Representing natural resource industry companies in permitting disputes with regulatory agencies
  • Defending natural resource industry participants in enforcement actions and penalty assessments with regulatory agencies
  • Law Clerk to the Honorable John A. Field, Jr., Judge, United States Court of Appeals for the Fourth Circuit, 1981 - 1982

Distinctions

  • BV® Distinguished™ Peer-Review Rated by Martindale Hubbell for 25 years
  • Named the Best Lawyers® 2019 "Lawyer of the Year" in the area of Natural Resources Law in Charleston, W.Va.
  • Nominated by his peers for inclusion in The Best Lawyers in America in the areas of Corporate Law, Energy Law and Natural Resources Law
  • Recognized by Chambers USA: America's Leading Lawyers for Business for Natural Resources Law
  • Recognized by West Virginia Super Lawyers for Energy & Natural Resources and Business/ Corporate Law
  • JD Supra Readers' Choice Top Author, Energy Law, 2018-2021
  • St. Thomas More Catholic Lawyers Society
  • Phi Beta Kappa

Admissions

  • West Virginia State Bar
  • West Virginia Supreme Court of Appeals
  • United States Supreme Court
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • United States Court of Appeals for the Fourth Circuit

Memberships

  • West Virginia Bar Association
  • Kanawha County Bar Association
  • Trustee, Energy & Mineral Law Foundation
  • Governor Wise's Energy Task Force