David M. Flannery
Member
(304) 353-8171
Office: Charleston
Energy
Business
Employment
Litigation
Attorney
J.D. West Virginia University
B.S. Electrical Engineering, West Virginia University
Licensure: KY | PA | WV
See Education

Speaking Engagements

Co-author "Memorandum for ECOS Concerning Waters of the United States Issues" by members of the American College of Environmental Lawyers, September 11, 2014

Co-author, "Memorandum for ECOS Concerning Clean Air Act 111(d) Issues" (related to CO2 emissions from coal burning power plants) by members of the American College of Environmental Lawyers, February 21, 2014

Lead author of the legal and regulatory chapter of the National Coal Council report entitled "Expedited CCS Development: Challenges & Opportunities" (related to the continuing use of coal in power plants) April 2011

"Competition for New Energy Projects - lncentives Offered by Various States," 28 Energy and Mineral Law Institute (2007)

"The Water Resources Protection Act and its Impact on West Virginia Water Law," 107 W.Va. Law Review 749 (2005)

"Ozone Transport: Will Midwest and Southeastern Utilities Have to Pay to Clean Up Air in the Northeast?" 18 Eastern Mineral Law Institute (1997)

"Water Quality Standards: Their Development and Application to Natural Resource Activities," 17 Eastern Mineral Law Institute (1996)

"Consolidated Environmental Regulation in West Virginia," 97 W.Va. L. Rev. 401 (1995)

"Abandoned Well Initiatives: An Examination of Recently Enacted Legislation in the Eastern United States," 14 Eastern Mineral Law Institute 20 (1993)

"Hazardous Waste - The Oil and Gas Exception," 89 W.Va. L. Rev. 1089 (1987)

"Hazardous Waste Management Act - Closing the Circle," 84 W.Va. L. Rev. 347 (1982)

Key Experience

Advised clients on environmental due diligence and in advance of the acquisition of industrial property and facility siting
Represented multiple clients in connection with USEPA efforts to develop new and renewed National Ambient Air Quality Standards ("NAAQS") and regulatory requirements to address the interstate transport of air pollutants, including appeals of final rules
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Memberships & Awards

Professional
American College of Environmental Lawyers, Founding Regent
Peer Review Rated AV by Martindale-Hubbell
The Best Lawyers in America®
Chambers USA America's Leading Lawyers for Business
Who's Who Legal: Environmental 2014-2016
Super Lawyers®
West Virginia State Bar
Kentucky Bar Association
Pennsylvania Bar Association
American Bar Association, Natural Resource Section

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