Mr. Yaussy’s primary areas of practice are energy and environmental law, including environmental litigation, environmental permitting, and administrative appeals for the natural gas, chemical, manufacturing, silviculture and agriculture industries.

Bar Admissions

Admissions

• West Virginia State Bar
• West Virginia Supreme Court of Appeals
• United States District Courts for the Northern and Southern Districts of West Virginia
• United States District Court for the Southern District of Ohio
• United States Court of Appeals for the Fourth Circuit

Education

• Otterbein University, B.A., Political Science and History, 1981
• The Ohio State University Moritz College of Law, J.D., 1984

Significant Accomplishments

Appearing before state agencies and courts regarding appeals of environmental permits and administrative enforcement actions

Advising on brownfield remediation including RCRA Corrective Action and CERCLA issues

Advising clients on responses to notices of violations and other enforcement activity

Advising on all aspects of water, air, and solid waste permitting

Advising on siting of industrial and energy generation projects

Advising oil and gas operators and midstream companies on compliance with state and federal statutes and regulations

Representing the West Virginia Manufacturers Association (WVMA) Environmental Health and Safety Committee and the Gas & Oil Association of West Virginia (GO-WV) Environmental
Committee on environmental and energy issues

Representing landowners in lawsuits brought for flooding in areas of natural resource development

Advocating on behalf of business and trade associations before the West Virginia Department of Environmental Protection and the West Virginia Legislature on environmental and natural resource issues

Arguing before the United States Court of Appeals for the Fourth Circuit and the West Virginia Supreme Court of Appeals

Negotiating amendments to State water quality standards for storm water and process water discharges

Reported Cases

Ohio Valley Environmental Coalition v. Eagle Natrium, Civ. Action No. 5:19-CV-236 (N.D.W.Va. 2019)

Lois Alt. v. U.S. Environmental Protection Agency, No. 2:12-CV-0042 (N.D.W.Va.)

Sierra Club et al. v. West Virginia Department of Environmental Protection and TransGas Development Systems, LLC, AQB Appeal No. 10-01-AQB (2010)

Hughes v. Benedict, Director of Division of Air Quality, and Appalachia Midstream Services, Inc., AQB Appeal No. 10-03-AQB (2011)

In Re Flood Litigation 216 W. Va. 537, 607, S.E.2d 863 (2004)

Monongahela Power Co. v. Chief, Office of Water Resources, 211 W. Va. 619, 567 S.E. 2d 629 (2002)

State of West Virginia ex rel. Three Rivers Companies LLC v. Hoffman et al., West Virginia Supreme Court Appeal No. 12-0480

Loudermilk Services, Inc. et al. v. Marathon Ashland Petroleum LLC, et al., Civil Action No 3:04-0966 (S.D. W.Va)
 

Seminars/ Presentation

Presenter, "Water Quality and Permitting," West Virginia Law and Regulations Seminar, 2014

Presenter, "The Role of Federal, State and Local Governments in Protecting Water Quality," 2012 West Virginia Water Research Conference, 2012

Presenter, "Are NPDES Permits Required for Logging Roads?" Land and Mineral Owners Association Seminar, 2012

Presenter, "Jurisdictional Waters," Energy and Mineral Law Foundation, 36th annual Mineral Law Conference, 2011

Presenter, TDS Policy Panel Presentation, West Virginia Water Conference, 2010

Presenter, "Coalbed Methane Water Treatment and Effluent Guidelines," Energy and Mineral Law Foundation, 33rd annual Mineral Law Conference, 2008

Presenter, "Protecting What Doesn't Exist: West Virginia - Statewide Public Water Supply Use Designation," United States Environmental Protection Agency National Symposium, 2002

Publications & Presentations

• Co-author, “Unringing the Bell: Time for EPA to Reconsider its Greenhouse Gas Endangerment Finding,” West Virginia Law Review Vol. 116, No. 3, 2014
• Co-Author, “Are Coal Mines Now Stationary Sources Under the Clean Air Act?”  Energy and Mineral Law Foundation, 2012
• Contributor, West Virginia Manual of Environmental Law, 3rd ed., 1999
• Co-author, “The Voluntary Remediation and Redevelopment Act - West Virginia Restructures Environmental Liability,” West Virginia Law Review Vol. 99, No. 3, 1997
• Presenter, “Water Quality and Permitting,” West Virginia Law and Regulations Seminar, 2014
• Presenter, “The Role of Federal, State and Local Governments in Protecting Water Quality,” 2012 West Virginia Water Research Conference, 2012
• Presenter, “Are NPDES Permits Required for Logging Roads?” Land and Mineral Owners Association Seminar, 2012
• Presenter, “Jurisdictional Waters,” Energy and Mineral Law Foundation, 36th annual Mineral Law Conference, 2011
• Presenter, TDS Policy Panel Presentation, West Virginia Water Conference, 2010
• Presenter, “Coalbed Methane Water Treatment and Effluent Guidelines,” Energy and Mineral Law Foundation, 33rd annual Mineral Law Conference, 2008
• Presenter, “Protecting What Doesn't Exist: West Virginia’s Statewide Public Water Supply Use Designation,” United States Environmental Protection Agency National Symposium, 2002