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


David Flannery has focused his practice in the areas of environmental and energy law. 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).  He 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. 

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)

Key Experience

Principal industry negotiator in the development of state hazardous waste, groundwater, air pollution, and energy legislation and advice to clients on the implementation of those programs
Member of the West Virginia Carbon Capture and Sequestration ("CCS") Working Group and Chair of Legal Subcommittee involving preparation of draft CCS legislation
Advised clients in multiple states with respect to climate change issues including legislative policy, rulemakings and stakeholder proceedings including the President's Climate Action Plan

Memberships & Awards

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