David M. Flannery

Degrees

• BS Electrical Engineering, 1969, West Virginia University
• JD, 1972, West Virginia University

Admissions

• Kentucky
• Pennsylvania
• West Virginia

Court Admissions

• Supreme Court of the United States
• United States Court of Appeals for the 4th, 6th, and DC Circuits

Professional Societies and Organizations

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

Other Environmental Career Experience

• Commissioner and Past Chairman, Ohio River Valley Water Sanitation Commission (ORSANCO)
• Board of Directors and Past Chairman, West Virginia Chamber of Commerce
• Chair, Counsel of Oil and Gas Attorneys, Interstate Oil and Gas Compact Commission
• Legal and Regulatory Committee, Interstate Oil and Gas Compact Commission
• Energy, Clean Air, and Natural Resources Committees, U.S. Chamber of Commerce
• Environment, Energy, and Resources Section, American Bar Association
• Founding Regent, American College of Environmental Lawyers
• Fellow, American Bar Foundation

Representative Publications (not including ACOEL Blogs)

• Co-Author, “Memorandum for ECOS Concerning Carbon Capture and Sequestration and Class VI Delegation,” American College of Environmental Lawyers (August 2026)
• Task Member, “Model Statue and Guidance of Geological Sequestration of Carbon Dioxide, A Guide for States,” Interstate Oil and Gas Compact Commission (September 24, 2025)
• Co-Author, “Memorandum for ECOS Concerning Waters of the United States Issues,” 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) American College of Environmental Lawyers, (February 21, 2014)
• “Expedited CCS Development: Challenges & Opportunities (Related to the Continuing Use of Coal in Power Plants),” Legal and Regulatory Chapter of the National Coal Council Report (April 2011)
• “Competition for New Energy Projects – Incentives Offered by Various States,” 28 Energy and Mineral Law Institute (2007)
• “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)
• “Abandoned Well Initiatives: An Examination of Recently Enacted Legislation in the Eastern United States,” 14 Eastern Mineral Law Institute 20 (1993)

Illustrative Projects

• 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 clients 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
• Represented clients in state and federal envrionment enforcement actions and in citizen suite based enforcement actions

Citations of Major Published Cases