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David M. Flannery
500 Lee Street East, Suite 1600 - P.O. Box 553 - Charleston, WV 25322

Phone 1: (304) 340-1017 | Fax 1: (304) 340-1130 | Email: dmflannery@jacksonkelly.com | V-card

David M. Flannery is a Member of Jackson Kelly PLLC and is the manager of the Firm's Environmental Law Department. He is also the Chairman of the Board of Directors of the Firm's ancillary business subsidiary, Jackson Kelly Solutions LLC. His practice is focused upon the representation of companies and trade organizations in a variety of matters including energy and environmental regulatory issues, facility siting and the litigation of environmental enforcement and environmental tort cases at both the state and federal level. His practice has involved extensive participation in appeals of regulatory decisions of the United States Environmental Protection Agency. 

Mr. Flannery serves on a number of state and national industry trade associations and environmental committees. He is a member of the Board of Directors of the West Virginia Chamber of Commerce and Chaired the Board of Directors in 2005 and 2006. He currently Chairs the Energy Committee of the West Virginia Chamber of Commerce and was the Chair of its Environmental Committee from 1982 to 2004. Mr. Flannery is also a member of the Section on Natural Resources and Environmental Law of the American Bar Association. He is a member of the Air and Waste Management Association and served as the Chairman of its West Virginia Chapter from 2003 to 2005. By virtue of an appointment by the Governor of West Virginia, he serves as a Commissioner to the Ohio River Valley Water Sanitation Commission (ORSANCO) and is the current Chairman of ORSANCO. He also serves as a member of the Board of Directors of the West Virginia Youth in Government program and as a Trustee of the Energy & Mineral Law Foundation.

Mr. Flannery has authored several published materials including, "Competition for New Energy Projects-Incentives 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 the Midwest and Southeast Utilities Have to Pay to Clean Up Air in the Northeast?" 18 Eastern Mineral Law Institute (1997);  and "Water Quality Standards: Their Development and Application to Natural Resource Activities," 17 Eastern Mineral Law Institute (1996). He is a frequent writer and speaker on environmental topics.

Mr. Flannery has been admitted to practice in Kentucky and West Virginia, the Supreme Court of the United States of America, the D.C. Circuit and various Circuit Courts of Appeal. In addition to his law degree, Mr. Flannery holds a Bachelor of Science in electrical engineering. He is listed in Woodward/White's The Best Lawyers in America® for Environmental Law and "Super Lawyers" for Environmental Law. He is a Founding Regent of the American College of Environmental Lawyers.

 
Legal Experience
 
1997 - PresentJackson Kelly PLLC
1983 - 1996 Robinson & McElwee
1976 - 1983 Love, Wise, Robinson & Woodroe
1972 - 1976 James, Wise, Robinson & Magnuson
 
Education
 
1972J.D.West Virginia University
1969B.S.West Virginia University (Electrical Engineering)
 
Bar Admissions
 
1991Kentucky
1972West Virginia
 
Court Admissions
 
2005US District Court for the Northern District of West Virginia
1991Supreme Court of Kentucky
1989U.S. Court of Appeals, D.C. Circuit
1985U.S. Court of Appeals, Sixth Circuit
1982Supreme Court of the United States of America
1976U.S. Court of Appeals, Third Circuit
1973U.S. Court of Appeals, Fourth Circuit
1972West Virginia Supreme Court of Appeals
1972US District Court of the Southern District of West Virginia

Professional Involvement:
  • West Virginia State Bar
  • Kentucky Bar Association  
  • American College of Environmental Lawyers, Founding Regent
  • American Bar Association (Natural Resources Section)
  • West Virginia Chamber of Commerce, Chairman of the Energy Committee Member and Chairman (2007- ), Board of Directors Chairman (2005-2006) and Environmental Committee Member and Chairman (1982-2004) 
  • Interstate Oil and Gas Compact Commission, Environmental Committee
  • Air & Water Management Association, Member and Chairman, WV Chapter (2003-2005)
  • Ohio River Valley Water Sanitation Commission (ORSANCO), Commissioner and Chairman
  • West Virginia Youth in Government, Member, Board of Directors
  • Energy & Mineral Law Foundation, Member, Board of Trustees
Teaching and Lecturing:
  • Numerous environmental seminars and programs at the state (West Virginia and Kentucky) and national levels
  • Strafford Publications CLE teleconference/webinar titled "Carbon Capture and Sequestration: Evolving Legal Challenges, Mitigating Climate Change Legal Risks and Managing Long-Term Liabilities", November 2009

     
Writings and Publications:
  • "Competition for New Energy Projects - Incentives 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 Cleanup 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 Management Act - Closing the Circle," 84 W.Va. L. Rev. 347 (1982)


Awards and Honors:
  • Listed in Woodward/White's The Best Lawyers In America®, 2010 for Environmental Law
  • Ranked in Chambers USA, America's Leading Lawyers for Business in the area of Natural Resources: Environmental Law in West Virginia, 2010   
  • Recognized by Super Lawyers® Magazine for Environmental Law