David M. Flannery


Throughout his career, David has focused his practice in the areas of environmental and energy law and is ranked as one of the leading lawyers in America in these areas. Flannery is a member of the American College of Environmental Lawyers and a Commissioner to the Ohio River Valley Water Sanitation Commission (ORSANCO) and is well-regarded by his clients, policymakers, and colleagues. David has authored numerous articles for industry and trade publications and is often requested to speak on relevant and timely environmental topics both regionally and nationally. His unique combination of business acumen, technical background, and litigation experience makes Flannery a valuable resource for clients faced with energy, environmental, and regulatory issues, including facility siting.

Representative Experience

  • Counseled clients on regulatory and legislative initiatives related to Emerging Contaminants (including PFAS) present in surface water and industrial sites and the management of those contaminants under CERCLA, RCRA, and drinking water authorities
  • Counsel to an industrial facility in matters related to securing the rights to extract minerals located beneath navigable waterways
  • Representation of industrial facilities on various enforcement matters initiated by the U.S. EPA with respect to matters arising under the federal Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and CERCLA
  • Advising clients in connection with the remediation of industrial sites including the application of state voluntary remediation and Brownfield programs
  • Represented electric company and trade association in an intervention in support of USEPA Affordable Clean Energy Rule before the United States Court of Appeals for the District of Columbia Circuit
  • Defended electric companies and manufacturers against petitions by various northeast states to impose pollution controls on sources in the Midwest including intervention in support of USEPA’s denial of those petitions before the United States Court of Appeals for the District of Columbia Circuit
  • Principal industry negotiator in the development of state waste management, groundwater, air pollution, and energy legislation and advice to clients on the implementation of those programs
  • Represented electric power producers in permitting and regulatory matters related to the installation of Carbon Capture and Sequestration (“CCS”) technology on a coal-fired power plant and drafting of state CCS legislation in multiple states
  • Advised clients in multiple states with respect to climate change issues including legislative policy, rulemaking, and stakeholder proceedings
  • 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”)
  • Represented electric utilities and manufacturers in connection with USEPA efforts to impose emission reduction controls on sources in upwind states to address air quality non-attainment in downwind states, including appeals of final rules to the United States Court of Appeals for the District of Columbia Circuit
  • Represented a coal-fired electric generating plant involving waste management issues
  • Represented numerous clients in matters involving water rights

Licensed In

  • Kentucky
  • Pennsylvania
  • West Virginia


  • J.D. West Virginia University College of Law
  • B.S. West Virginia University


  • Ohio River Valley Water Sanitation Commission (ORSANCO), Commissioner
  • West Virginia Chamber of Commerce, Board of Directors, and Past Chairman
  • Interstate Oil and Gas Compact Commission, Legal and Regulatory Committee
  • U.S. Chamber of Commerce, Energy, Clean Air, and Natural Resources Committees
  • West Virginia State Bar
  • Kentucky Bar Association
  • Pennsylvania Bar Association
  • American Bar Association, Environment, Energy, and Resources Section
  • American College of Environmental Lawyers, Founding Regent


  • Chambers USA: America’s Leading Lawyers for Business – Environment (2010 – Present)
  • The Best Lawyers in America®, Administrative / Regulatory Law (2024-Present), Energy Law (2009-Present), Energy Regulatory Law (2021-Present), Environmental Law (1989-Present), Litigation – Environmental (2011-Present), Natural Resources Law (2009-Present), Water Law (2009-Present)
  • Super Lawyers®
  • Who’s Who Legal, International Environmental (2017-Present)
  • Peer Review Rated AV by Martindale-Hubbell (2010-Present)


  • 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 – incentives 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)

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