Chair, Environmental Practice Group | Member
Charleston, WV
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.

Education

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

Experience

  • 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)