David M. Flannery

Member

Biography

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 founding regent of the American College of Environmental Lawyers, a Commissioner to the Ohio River Valley Water Sanitation Commission (ORSANCO), and a member of the Legal and Regulatory Committee of the Interstate Oil and Gas Compact Commission (IOGCC). He 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, electrical engineering and technical background, and litigation experience makes Flannery a valuable resource for clients faced with energy, environmental, and regulatory issues, including facility siting.

Representative Experience

Represented electric utilities and manufacturers, and trade associations, 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 and the Supreme Court of the United States
Represented clients with challenges before the United States Court of Appeals for the District of Columbia Circuit related to efforts by US EPA to utilize existing authorities to address climate change
Represented electric power producers and others in permitting and regulatory matters related to the installation of Carbon Capture and Sequestration (“CCS”) technology on a coal-fired power plant, drafting of state CCS legislation in multiple states, and preparation of guidance to states on Class VI UIC wells and CCS programs
Advised clients in multiple states with respect to climate change issues including legislative policy, rulemaking, and stakeholder proceedings
Represented numerous industrial facilities on various enforcement matters initiated by the US EPA with respect to matters arising under the federal Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and CERCLA
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
Represented numerous clients in matters involving water rights
Counseled an industrial facility in matters related to securing the rights to extract minerals located beneath navigable waterways
Represented multiple clients in connection with USEPA efforts to develop new and renewed National Ambient Air Quality Standards (“NAAQS”)
Advised clients on environmental due diligence and in advance of the acquisition of industrial property and facility siting
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
Advised clients in connection with the remediation of industrial sites including the application of state voluntary remediation and Brownfield programs

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Licensed In

Kentucky
Pennsylvania
West Virginia

Education

J.D. West Virginia University College of Law

B.S. West Virginia University

Memberships

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

Achievements

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)
Best Lawyers® 2025 Charleston, WV Administrative / Regulatory Law, Lawyer of the Year
Who’s Who Legal, International Environmental (2017-Present)
Peer Review Rated AV by Martindale-Hubbell (2010-Present)

Publications

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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