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Biography

A client of David Flannery’s once said that David is “the finest environmental policy attorney in the nation.”  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, policy makers 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 make Flannery a valuable resource for clients faced with energy, environmental, and regulatory issues, including facility siting. 

Memberships & Awards

Professional
American College of Environmental Lawyers, Founding Regent
Peer Review Rated AV by Martindale-Hubbell
Chambers USA America's Leading Lawyers for Business
The Best Lawyers in America®, 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®
West Virginia State Bar
Kentucky Bar Association
Pennsylvania Bar Association
American Bar Association, Environment, Energy, and Resources Section

Key Experience

Counsel to 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 U.S. EPA with respect to matters arising under the federal Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act and CERCLA.

Work Experience

2013 Steptoe & Johnson PLLC
1997-2013 Jackson Kelly PLLC
1983-1996 Robinson & McElwee
1976-1983 Love, Wise, Robinson & Woodroe
1972-1976 James, Wise, Robinson & Magnuson

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)