David Yaussy

David Yaussy

  • Title: Member Chair, Environmental Practice Group
  • Company: Spilman, Thomas & Battle

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.


• 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

• 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)


  • West Virginia Bar Association

  • Kanawha County Bar Association

  • Energy and Mineral Law Foundation


  • Named the Best Lawyers® 2019 "Lawyer of the Year" in the area of Litigation – Environmental in Charleston, W.Va.

  • Selected by his peers for inclusion in The Best Lawyers in America for Environmental Law and Litigation – Environmental Law

  • Recognized by Chambers USA: America’s Leading Lawyers for Business for Natural Resources: Environment

  • Named the Best Lawyers® 2018 & 2015 "Lawyer of the Year" for Environmental Law in Charleston, W.Va.

    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

    Community Involvement

  • Board Member, Members Choice West Virginia Federal Credit Union

  • Trustee, Energy and Mineral Law Foundation

  • Legal Aid of West Virginia Board of Directors

  • President, Charleston Vandalia Rotary Club