Gale Lea Rubrecht

BIOGRAPHY
Phone: (304) 340-1200 | Fax: (304) 340-1130 | Email: galelea@jacksonkelly.com
500 Lee Street East, Suite 1600, Charleston, WV 25301-3202


Gale Lea Rubrecht is Of Counsel in the Firm's Charleston, West Virginia, office where she practices in the Environmental Practice Group. She has more than 30 years’ experience in energy and environmental law, appellate advocacy, litigation and alternative dispute resolution.  She has represented manufacturers, coal companies, petroleum refineries, trade organizations, banking institutions, real estate developers, development authorities, landowners and other clients in state and federal energy and environmental law, with particular focus on national air quality regulatory issues, brownfields remediation and redevelopment, and solid and hazardous waste compliance. 

Ms. Rubrecht is active in the American Bar Association Section of Energy, Environment, and Resources.  She chaired the Section's Air Quality Committee and served as the U.S. EPA Headquarters Editor for the Section’s Air Quality Committee Newsletter.  Currently, she serves as vice chair at large for the Section's Public Service Committee. Ms. Rubrecht also serves as the West Virginia contributing author to the American Bar Association's Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property and Institutional Controls books.  In addition, Ms. Rubrecht is a member of the Editorial Board and serves as Insights Editor of the American Bar Association Section of Energy, Environment, and Resource's magazine, Natural Resources & Environment.

Ms. Rubrecht is involved in environmental affairs at the local and state levels.  She chaired the West Virginia Chamber of Commerce's Waste Subcommittee and is a member of the Advisory Team to the West Virginia Brownfields Assistance Center at Marshall University.  Ms. Rubrecht is also a member of the Board of Directors and President of the Air & Waste Management Association, West Virginia Chapter, Inc. 

Additionally, Ms. Rubrecht is a member of the American Arbitration Association's Roster of Neutrals for environmental cases and has volunteered as a mediator for Settlement Week Alternative Resolution by Mediation in Kanawha County, West Virginia.    

From 1985 to 1997, Ms. Rubrecht was a member of the Firm's Litigation Department and represented clients in environmental insurance coverage matters. Before joining the Firm, Ms. Rubrecht served as a law clerk to the Honorable K. K. Hall, Judge of the United States Court of Appeals for the Fourth Circuit.

Ms. Rubrecht is a graduate of Hollins College and a graduate of West Virginia University's College of Law. She is an AV Peer-Review Rated attorney by Martindale-Hubbell. She is a member of Phi Beta Kappa, Order of the Coif and Pi Delta Phi (National French Honor Society).  While at West Virginia University's College of Law, Ms. Rubrecht served as Leading Articles Editor of the West Virginia Law Review.

Representative Experience:
 

  • Counseled chemical manufacturing company concerning boiler MACT compliance issues
  • Counseled waste disposal company concerning management of Marcellus Shale wastes
  • Defended electric utility before the West Virginia Department of Environmental Protection Division of Air Quality concerning self-reported deviations from PSD/Title V permits
  • Counseled barge cleaning facilities concerning Emergency Planning and Community Right-to-Know Act Toxic Release Inventory and Tier II reporting obligations
  • Prepared comments on behalf of state trade association concerning various proposed federal and state rulemakings, including, but not limited to, West Virginia’s Voluntary Remediation Rule, West Virginia Hazardous Waste Management Rule, U.S. EPA’s Hazardous Waste Technical Corrections and Clarifications Rule and West Virginia’s Redesignation Request and Maintenance Plan for the Charleston, WV, 8-hour Ozone Non-Attainment Area
  • Represented clients having sites in the West Virginia Voluntary Remediation Program and counseled clients concerning issues under the federal and state brownfields programs
  • Defended barge cleaning facility in state administrative enforcement action before the West Virginia Department of Environmental Protection concerning alleged RCRA violations and empty container exemption
  • Represented association of coal-fired electric utilities and trade organizations before the United States Court of Appeals for the District of Columbia Circuit on challenges to Clean Air Act regulations, including, but not limited to, Cross-State Air Pollution Rule, EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. August 9, 2012); PM2.5 Designations Litigation, Catawba County, NC v. EPA, 571 F.3d 20 (D.C. Cir. 2009); Growth-Rate Litigation, West Virginia v. EPA, 362 F.3d 861 (D.C. Cir. 2004); Technical Amendments to NOx SIP Call, Appalachian Power Co. v. EPA, 251 F.3d 1026 (D.C. Cir. 2001); Section 126 Litigation, Appalachian Power Co. v. EPA, 249 F.3d 1032 (D.C. Cir. 2001)
  • Prepared comments on behalf of association of coal-fired electric utilities and trade organizations concerning various proposed Clean Air Act regulations, including, but not limited to, the Transport Rule (n/k/a Cross-State Air Pollution Rule), Ozone NAAQS, PSD Interpretive Memorandum Reconsideration Rule, PM2.5 Designations, Supplemental Notice of Proposed Rulemaking on the Clean Air Interstate Rule, f/k/a the Interstate Air Quality Rule, Regional Haze Rule and Re-proposed BART Guidelines, Interstate Air Quality Rule, Federal Implementation Plan, Section 126 Rule, and NOx SIP Call
  • Represented waste coal-fired electric utility before U.S. EPA’s Clean Air Markets Division concerning opt-in units under the Acid Rain Program and counseled clients concerning opt-in provisions and exemptions under the Acid Rain Program
  • Counseled clients concerning various environmental issues, including, but not limited to, shutdown of wastewater treatment unit, state underground injection control rules and spacing requirements for deep wells, environmental issues associated with initiation of new product lines, state UST financial assurance program, CERCLA, regulatory requirements for solid waste and fly ash landfills, Bevill Amendment under RCRA, definition of solid waste, transportation, federal and state spill reporting/notification obligations and cleanup liability, medical wastes and infectious medical wastes, and environmental insurance
  • Defended clients before the West Virginia Environmental Quality Board concerning Clean Water Act, RCRA and state groundwater notices of violation and the West Virginia Air Quality Board concerning state air permits
     

 
Legal Experience
 
1985 - PresentJackson Kelly PLLC
1983 - 1985Hon. K.K. Hall, U.S. Court of Appeals, Fourth Circuit, Law Clerk
1976 - 1982Campbell, Woods, Bagley, Emerson, McNeer & Herndon
 
Education
 
1978J.D.West Virginia University College of Law
1975B.A.Hollins College (VA) (French)
 
Bar Admissions
 
1978West Virginia
 
Court Admissions
 
2001U.S. Supreme Court
2000U.S. District Court, District of Columbia
1999U.S. Court of Appeals, District of Columbia Circuit
1992U.S. District Court, Western District of Michigan
1990U.S. District Court, Northern District of West Virginia
1978U.S. District Court, Southern District of West Virginia
1978U.S. Court of Appeals, Fourth Circuit

Professional Involvement:
  • West Virginia Voluntary Land Stewardship Corporation Board of Directors, Treasurer (2014-present)
  • Advisory Team to the West Virginia Brownfields Assistance Center at Marshall University (2010-present)
  • Air & Waste Management Association, WV Chapter, Inc., Chair (2014-present), Vice Chair (2012-2013), Board (2011-present)
  • American Bar Association; Sections of Alternative Dispute Resolution and Environment, Energy and Resources; Vice Chair at Large of SEER Public Service Committee (2014-present); Chair of SEER Air Quality Committee (2012-2014); Vice Chair of Programs for SEER Air Quality Committee (2011-2012)
  • West Virginia State Bar
  • Energy & Mineral Law Foundation
  • Kanawha County Bar Association
  • Technical Subcommittee of the West Virginia Voluntary Remediation and Redevelopment Steering Committee
  • West Virginia Chamber of Commerce Environmental Committee and Air, Water and Waste Subcommittees; Waste Subcommittee Co-Chair (2008-2011); Waste Subcommittee Chair (2011-2013)
  • West Virginia Emissions Banking and Trading Regulatory Work Group
  • West Virginia Manufacturers' Association ES&H Committee and Air and Waste Teams
  • ABA SEER Natural Resources & Environment Magazine, Insights Editor (2014-present), Editorial Board (2006-present)
  • ABA SEER Air Quality Committee Newsletter, U.S. EPA Headquarters Reporter (2009-2015), U.S. EPA Region 3 Reporter (2003-2009)

Community:
  • Kanawha County Master Gardener Association (2015-present)
  • Cercle francais
  • The Cotillion-Quadrille Dance Club, aka The CQ Dance Club, President (2009-2010) and Treasurer (2007-2008)
  • Episcopal Diocese of West Virginia, Chair, Bishop's Ball (2006-2007 and 2009)
  • Junior League of Charleston
  • Charleston Cotillion Club, Treasurer (2006-2007)
  • St. Matthew's Episcopal Church, Altar Guild Directress (2009-present), Greeters' Ministry Coordinator, Lay Reader, Chalice Bearer, Past Vestry Member (2002-2005), Past Registrar (2002-2005),  Past Chair of Mutual Ministry Committee (2004), Past Chair of the Hospitality and Newcomers Ministries (2004), Past Chair of the Christian Formation Committee, (2002-2003), Past Chair of the Lay Support Committee and Neighborhood "Sheepdog" Leader
  • St. Timothy's School, Board of Governors  Member (2002-2008), Chair of Governance Committee (2006-2008) and Secretary (2007-2008)
  • Vandalia Terrace Housing Corporation, Past Vice-President and Director
  • Charleston Phi Beta Kappa Association, Past President, Vice-President, Treasurer, Secretary and Historian
  • Hollins College Alumnae Assn. of Charleston Inc., Past Co-Chairman
  • Presidential Place Homeowners' Association, President  (1991-present)
  • Charleston Tennis Club USTA 3.5 Women's Adult and Seniors Tennis Teams, Captain
  • Charleston Area Tennis Association, Grievance Appeal Committee (2007-present)
  • YMCA Spirit of the Valley Campaign (Past Honor Host)

Teaching and Lecturing:
  • Moderator, "MATS and CSAPR: Implications of the U.S. Supreme Court's and D.C. Circuit's Decisions Upholding EPA's Rules for the Electric Power Sector," Air Quality Committee Teleconference, May, 29, 2014
  • "Coal-Fired Power Rules on Trial: Debrief of Cross State Rule and Mercury Air Toxics Oral Arguments," Environmental Law Institute, D.C. Bar and ABA SEER Air Quality Committee, Washington, D.C., Dec. 11, 2013
  • Committee Best Practices Panel, ABA SEER Leadership Day, Baltimore, Maryland, Oct. 12, 2013
  • "Up in the Air:  Priorities, Successes, and Challenges," Plenary Session "From the Top:  Second Term Priorities and Perspectives," ABA SEER 21st Fall Conference, Baltimore, Maryland, Oct. 11, 2013
  • "Air Toxics 101," Breakout Session "Clean Air Developments Every Lawyer Should Know," ABA SEER 21st Fall Conference, Baltimore, Maryland, Oct. 10, 2013
  • West Virginia Land Stewardship Panel, 2013 West Virginia Brownfields Conference, Waterfront Place, Morgantown, West Virginia, Sept. 13, 2013
  • "Legal Developments You Need to Know," 2013 West Virginia Brownfields Conference, Waterfront Place, Morgantown, West Virginia, Sept. 12, 2013
  • "What Coal-Fired Power Plants and Industrial Sources Should Know About EPA's Proposed SSM Rule," Law Seminars International TeleBriefing:  New Changes to EPA's Startup, Shutdown and Malfunction (SSM) Air Rules, May 9, 2013
  • "West Virginia's New Natural Gas Horizontal Well Act and Regulations," NARO Conference, The Greenbrier, White Sulphur Springs, West Virginia, Sept. 24, 2012
  • "Cleanup Liability Developments You May Need to Know," 2012 West Virginia Brownfields Conference, Glade Springs Resort, Daniels, West Virginia, Sept. 5, 2012
  • "Environmental Issues in Marcellus Shale and Other Media," WVU Mountaineer CLE Series 2011 Update on the Law, Morgantown, West Virginia, Oct. 1, 2011
  • "What's the Risk? A Private Practitioner's Perspective," 2011 West Virginia Brownfields Conference, Morgantown, West Virginia, Sept. 14, 2011
  • What’s Next for Designations?,” 14th Annual Energy, Utility & Environment Conference, Phoenix, Arizona, Feb. 1, 2011 
  • "Environmental Law Update," WVU College of Law Mountaineer 2010 CLE Series Update on the Law Seminar, Morgantown, West Virginia, Oct. 23, 2010
  • "Green Buildings and Green Leases," Sterling Education Service, Inc. Landlord-Tenant Seminar, Charleston, West Virginia, Oct. 6, 2010
  • "State and Federal Regulatory Updates - CERCLA / RCRA MOA's, WV Land Stewardship Trust, DEP Rail-to-Trail Guidance," 2010 West Virginia Brownfields Conference, Charleston, West Virginia, Sept. 9, 2010
  • "The Library Project -'Learning to Adapt,'" Q & A Panelist, Shepherdstown, West Virginia, June 5, 2010
  • "EPA's Mandatory GHG Reporting Rule: Implementation Issues Confronting Electric Utilities," ABA SEER 39th Annual Conference on Environmental Law, Salt Lake City, Utah, March 19, 2010
  • "Designations: Lessons Learned from EPA's Ozone and PM2.5 Designations," 13th Annual EUEC Conference, Phoenix, Arizona, Feb. 2, 2010
  • "The New Land-Use Covenant Under the West Virginia Voluntary Remediation & Redevelopment Program," West Virginia Land and Mineral Owners Council Annual Meeting, Beaver, West Virginia, May 15, 2008
  • "Legal Liability and Exposure Issues Under West Virginia's and Virginia's Voluntary Remediation Programs," The Business of Brownfields Conference sponsored by The Engineers' Society of Western Pennsylvania, Pittsburgh, Pennsylvania, Nov. 17, 2003
  • "Medical Waste and Environmental Issues for Hospitals," West Virginia Hospital Association Teleconference, Oct. 16, 2002
  • "Regionalization of Air Quality Issues: Ozone, PM, and Regional Haze," 68th Annual Governor's Safety, Health and Environmental Council, Charleston Civic Center, Charleston, West Virginia, Sept. 18, 2002
  • "Update on Air Quality Issues," 2002 Joint Spring Meeting of the West Virginia Coal Mining Institute and West Virginia Coal Association, Charleston, West Virginia, May 3, 2002
  • "Wetlands Regulation After SWANCC," ABA Real Property, Probate and Trust Law Section's 12th Annual Real Property Estate Planning Symposia, Arlington, Virginia, April 26, 2001
  • "Administrative Appeal Process for the Regulatory Programs of the Corps of Engineers," ABA Real Property, Probate and Trust Law Section's 12th Annual Real Property Estate Planning Symposia, Arlington, Virginia, April 26, 2001
  • "Northeast States' Lack of Compliance with Their Mandatory Clean Air Act Obligations," New York University School of Law Environmental Law Journal's "Ozone Non-Attainment in the Northeast:  Moving Toward an Effective Cure," Colloquium, New York, New York, Feb. 1, 2001
  • "Ozone Transport and NOx Control after Michigan v. EPA,"  Energy and Mineral Law Foundation 21st Annual Institute, Cincinnati, Ohio, May 10-12, 2000
  • "West Virginia Voluntary Remediation and Redevelopment Program," West Virginia Environmental Law Compliance Course, April 24, 2000
  • "Prospective Purchaser Agreements," West Virginia Business and Industry Environmental Symposium, Charleston, West Virginia, March 26, 1998
  • Voluntary Remediation and Prospective Purchaser Agreements in West Virginia
  • Environmental Insurance Coverage in West Virginia
  • Jackson Kelly Insurance Industry Seminars on West Virginia law

Writings and Publications:

Awards and Honors:
  • Phi Beta Kappa
  • Order of the Coif
  • Pi Delta Phi (National French Honor Society)
  • Rated AV Preeminent by Martindale-Hubbell®
  • Recognized as one of the 2013 Women Leaders in the Law in the January 2013 issue of The American Lawyer magazine

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