Matthew S. Tyree

Phone: (304) 284-4146 | Fax: (304) 284-4140 | Email:
150 Clay Street, Suite 500, Morgantown, WV 26501

Matthew S. Tyree is a Member practicing in the Firm's Oil and Gas Industry Group, Environmental Practice Group, Coal Industry Group and Construction Industry Group in Morgantown, West Virginia. His practice focuses upon the representation of companies and trade organizations in a variety of matters, including regulatory issues, as well as litigation at both the state and federal levels. He provides advice on environmental matters focusing on water quality issues, compliance issues, corrective action, permitting, permit violations and other environmental issues. In addition, he has counseled industry clients on reporting requirements involving hazardous waste, air, water, chemical substances and underground storage tanks.

Mr. Tyree has assisted senior attorneys defend Clean Water Act permits against citizen challenges, resolve administrative penalties issued under the Surface Mining Control and Reclamation Act and the Clean Water Act and identified the responsibilities of clients under various state and federal environmental regulations, including the Clean Air Act and RCRA.

Representative Experience:

  • Defended multiple energy companies in federal court against numerous CWA citizen suits filed by the Sierra Club and other environmental groups. The suits alleged violations of NPDES permits based upon discharges of various constituents, including aluminum, conductivity, selenium and sulfate
  • Defended a client operating a treatment and disposal facility in federal court concerning groundwater contamination claims brought by the Sierra Club through RCRA’s citizen suit provision under Section 7002(b)(2)(A) (imminent and substantial endangerment action)
  • Defended numerous coal companies in administrative appeals before the state Surface Mine Board and state Circuit Court regarding WV DEP issuance of state SMCRA permits.   The challenges involved various issues, including hauling routes, incidental boundary revisions and consideration of health studies
  • Defended and advised multiple energy industry clients regarding challenges of SWROAs contained in permits.  The challenges involved a range of matters, including consideration of runoff curve numbers, NRCS soil classifications, hydrologic soil group classifications and other related issues
  • Represented a wind energy company in an administrative appeal of its stormwater general permit to the state Environmental Quality Board
  • Negotiated settlements with various environmental groups on behalf of coal industry clients that resolved administrative appeals to state Environmental Quality Board regarding effluent limits contained in state-issued NPDES permits
  • Negotiated with environmental groups for the dismissal of administrative appeals to state Environmental Quality Board regarding effluent limits contained in state-issued NPDES permits
  • Counseled clients regarding issues surrounding FOIA requests and prepared FOIA requests on behalf of these clients
  • Counseled clients concerning various environmental issues, including environmental justice issues, state and federal UIC rules and regulations, CAA issues, CWA issues, ESA issues, FLPMA issues, RCRA issues, SDWA issues, U.S. Army Corps of Engineers’ jurisdictional determinations and impoundment safety rules and factors of safety.  Additionally, addressed asbestos NESHAP reporting requirements, CCR liner/leachate rules and regulations, nonpoint source issues, NEPA triggers and EIS/EA requirements, coalbed methane ownership/rights/royalties, chemical safety board jurisdiction and reporting obligations for active well sites, and NSPS Subpart JJJJ requirements

Mr. Tyree graduated from West Virginia University with a Bachelor of Science in Business Administration, magna cum laude, in finance in May of 2006.  He then graduated from Washington and Lee University School of Law, with a Juris Doctor in May of 2009. While at Washington and Lee, Mr. Tyree was the recipient of the J.E. Lewis Scholarship.

Legal Experience
2009 - PresentJackson Kelly PLLC
2008Jackson Kelly PLLC, Summer Associate
2007Jackson Kelly PLLC, Summer Associate
2009J.D.Washington and Lee University School of Law
2006B.S.B.A.West Virginia University (Finance)
Bar Admissions
2009West Virginia
Court Admissions
2012U.S. District Court, Northern District of West Virginia
2009West Virginia Supreme Court of Appeals
2009U.S. District Court, Southern District of West Virginia

Professional Involvement:
  • Associated Builders and Contractors, West Virginia Chapter
  • West Virginia State Bar, Energy Law Committee
  • PIOGA, Environmental Committee
  • WVONGA, Environmental Committee
  • Energy & Mineral Law Foundation

  • WVU Extension Service, Community Leadership Academy
    • Committee Member, 2015-present
  • President, Jackson Kelly Education Elevators Program (JKEEP), 2015-present
    • Member, 2009-present
    • Board of Directors, 2012-present
  • President, Charleston Chapter Washington and Lee University Alumni Association, 2012-2014
  • Generation Charleston
    • Member, 2010-2014
    • Board of Directors, 2012-2013
    • Executive Managing Chair, 2012-2013
    • Co-Captain, Public Policy Team, 2012-2013

Teaching and Lecturing:
  • "Environmental Justice & Mining," 37th Annual West Virginia Mining Symposium, Charleston, West Virginia, Feb. 3, 2010

Writings and Publications:

Awards and Honors:
  • Named to Lawyers of Color's Second Annual Hot List, which recognizes early- to mid-career attorneys excelling in the legal profession
  • Named in the 2013-2017 editions of West Virginia Super Lawyers® Rising Stars for Environmental Law
  • Recipient of the Elizabeth M. and J. Edward Lewis Academic Scholarship
  • Recipient of the PROMISE Scholarship
  • Recipient of the STORER Scholarship


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