Kip Power's practice encompasses civil and administrative litigation related to the energy industry, with a particular emphasis on natural resources extraction and related operations. His practice also includes compliance counseling and representation of manufacturers and other industrial clients in matters arising under federal environmental statutes and their state counterparts, as well as contractual issues, zoning and land use laws. Kip has served as a mediator and arbitrator in a variety of matters and has made numerous presentations before professional organizations, trade associations and others regarding the regulation of energy production and other issues.
Memberships & Affiliations
· West Virginia Coal Association
· West Virginia Oil and Natural Gas Association
· West Virginia State Bar
· Kentucky Bar Association
· West Virginia Defense Trial Counsel
· Energy and Mineral Law Foundation
· Interstate Mining Compact Commission
· Huntington District Waterways Association
· Christian Legal Society
· HospiceCare, Inc.
· Manna Meal, Inc.
Distinctions
· Listed in The Best Lawyers in America®
· Selected for the West Virginia Super Lawyers® List
· Listed in Chambers USA Guide to America's Leading Business Lawyers
Experience
Environmental Enforcement Defense
Anonymous
Issues related to RCRA, CERCLA and state analogues
Environmental Enforcement Defense
Capitol Cement Corporation
Enforcement action relating to particulate emissions rules
Environmental Enforcement Defense
Anonymous Coal Company
Negotiated consent order regarding alleged violations of NSPS and PSD rules under Clean Air Act
Environmental Litigation
Inwood Quarry, Inc.
Litigation involving reclamation requirements applicable to limestone quarries
Environmental Litigation
F. O. Day Company, Inc.
Issues related to construction of a quarry in West Virginia
Environmental Compliance Counseling; Business Litigation
Bluestone Coal Corporation; Consol Energy; Foundation Coal Corporation; U.S. Steel Mining Company, Inc.
Issues related to the Surface Mining Control and Reclamation Act of 1977 and state analogues, including enforcement actions, show cause proceedings and circuit court actions
Environmental Compliance Counseling; Business Litigation
National Mines Corporation; U.S. Steel Mining Company; Arch Mineral Corporation
Representation before state and federal agencies and appeal boards, and Federal district and appeal courts, involving ownership and control determination and permit-blocks
Environmental Compliance Counseling; Environmental Litigation
Arch Mineral Corporation; Atlantic Development & Capital, Ltd.
Representation of creditors and purchasers of assets in bankruptcy cases, including lease termination, permit transfer, and defense of claims by contractors
Environmental Enforcement Defense
Atlantic Leaseco, LLC; Consolidation Coal Company; Eaglehawk Carbon, Inc.; Southern West Virginia Resources, LLC; Maple Coal Company, LLC
Defense of compliance orders delaying effectiveness of water quality-based effluent limits
Environmental Compliance Counseling; Litigation
Speed Mining, Inc.
Issues related to identification and treatment of unfound oil and gas wells in course of longwall mining operations
Real Estate and Contractual Matters
Coal Company
Real Estate and Contractual Matters
Murphy v. Kanawha River Terminals, et al.
Kanawha River Terminals, Inc.
Defense of trucking accident suit which included allegations of civil conspiracy
Rulemaking
West Virginia Coal Association
Representation in successful petition for clarification of air permit regulations
Zoning Litigation
Hatfield Dock & Transfer, Inc.
Litigation challenging annexation and local zoning ordinances to prevent facility expansion
West Virginia Flood Litigation
Several Large Coal Companies
Representation of coal mining companies in suits involving issues of premises liability and nuisance as a result of flooding
Environmental Litigation
Little Kanawha River Soil Conservation District; Cyrus Dock Company
Defending against NEPA challenges to federal permitting decisions
Environmental Litigation
Arch Mineral Corporation
Representation in appeal from denial of Valid Existing Rights ("VER") under mining statute
Environmental Litigation
F. O. Day Company, Inc.
Litigation challenging interpretation of State Administrative Appeal Board's quorum requirement
Loan Closing and Due Diligence
Fortis Capital Corp. and Banco Bilbao Vizcaya Agentaria, S.A.
Loan closing and due diligence with respect to wind energy project
Environmental; Business Litigation
Anonymous
Litigation involving investigation and remediation of petroleum contaminated soil from underground storage tanks and failure to remove asbestos containing materials
Environmental Compliance Counseling
Kanawha River Terminals, Inc.; Cyrus Dock Company; Big Sandy Dock; Kenwest Terminals, Inc.
Issues related to the federal Clean Water Act Section 404 permits and Rivers and Harbors Act permits
Environmental Compliance Counseling
Virginia Power Company; Arch Mineral Corporation; Hatfield Dock & Transfer, Inc.; Capitol Cement Corporation
Addressing EPA Industrial Stormwater Program implementation
Environmental Compliance Counseling
Anonymous
Responses to information subpoenas issued under the TSCA
Environmental Compliance Counseling
Anonymous
Issues related to PCB spill reporting and clean-up requirements
Environmental Compliance Counseling
Anonymous
Counseled a West Virginia fiduciary regarding environmental issues
Agency Negotiations; Administrative Litigation
Bluestone Coal Corporation; Speed Mining, Inc.
Issues related to proposed shallow gas wells near coal mining operations
Acquisition of Coal and Related Assets
Atlantic Development & Capital LLC
Acquisition of coal and other assets totaling $80 million
Business Litigation; Agency Negotiations
A&A Energy, Inc.
Representation in dispute related to award of Abandoned Mine Land reclamation contract
Coal Asset Acquisition
Coal Company
Acquisition of coal leases and related real property
Business Litigation; Environmental Compliance Counseling; Agency Negotiations
Reclaiming, LLC
Representation in disputes related to work under Abandoned Mine Land funded project
Publications
April 4, 2012, D.C. District Court Trumps EPA on Clean Water Act Permitting
March 29, 2012, Shale Gas Operations: Freshwater Impoundments Under Scrutiny
January 4, 2012, West Virginia Enacts Comprehensive Horizontal Gas Wells Statute
September 12, 2011, WVDEP'S Emergency Rules On Horizontal Gas Wells
February 22, 2011, The Continuing Evolution in Mine Permitting
December 7, 2010, Regulating the Regulators: WVDEP Forced to Issue Permits to Itself
September 13, 2010, Environmental Liability: Quick Response Critical to Avoiding Criminal Charges
September 10, 2010, EPA Looks to the Sky for New Limits on Natural Gas
August 23, 2010, Ninth Circuit Rules that NPDES Permits Are Required for Logging Road Ditches and Culverts
May 11, 2010, SMCRA Primacy, Mining Permit Transfers, Ownership and Control, and Excess Reclamation Responsibilities: A Primer on Confusing Topics
April 30, 2010, EPA'S New "Guidance" on Coal Mine Permitting Reveals a Different Kind of Transparency
March 16, 2010, West Virginia Legislature Voices Opposition to EPA Intrusion into State Water Quality Rulemaking
January 7, 2010, Appalachian Coal Industry Faces Challenges in 2010
December 4, 2009, Medical Facilities Turn to Alternative Waste Disposal Options
September 2, 2009, EPA Releases Notice of Data Availability Regarding Forthcoming UIC Rules for CO2 Injection Wells
September 2, 2009, Double Jeopardy? Citizen Suit May Proceed Despite Government Enforcement Action
August 24, 2009, Piling On; How the Effort to Stop Surface Coal Mining Subverts the Rule of Law
June 12, 2009, Opposition to Coal Mining in West Virginia: It's Not About the Law
April 16, 2009, Coal Combustion Ash Disposal: TVA Breach Leads to Push for New Regulations, Lawsuits
March 1, 2009, The Clean Water Act Becomes a Primary Weapon in the Fight to Stop Coal Mining
February 19, 2009, Federal Appeals Court Once Again Gives New Life to Coal Industry in West Virginia
January 12, 2009, Carbon Capture and Storage: Cornerstone of a Sound Energy Policy
January 12, 2009, OSM Finalizes Stream Buffer Zone Rule
October 29, 2008, EPA Proposes UIC Rules for CO2 Injection Wells
July 24, 2008, West Virginia Supreme Court Reverses Trial Court Rulings, Rrinstates Flood Litigation Cases
July 23, 2008, Army Corps of Engineers Issues New Regulatory Guidance on Jurisdictional Determinations
June 5, 2007, Federal Court Oversight of Coal Mining in WV: Another New Permitting Program? Source - The State Journal's West Virginia Coal Association supplement
November 1, 2006, "Understanding Environmental and Land Use Laws," Aspatore Books, Inside the Minds C-Level Business Intelligence Series (2006)
October 5, 2005, "You Have No Idea - Environmental Regulation of the Coal Industry Today," 25 Energy & Min. Law Inst. 133 (2005)
March 14, 2005, The Clean Water Act and Economic Development: Irreconcilable Differences?
Presentations
April 26, 2012, Shale Gas Permitting Webinar
February 23, 2012, Shale Gas Operations: Regulatory Update and Preparing for Likely Damage Claims
November 15, 2011, Shale Gas Operations: Regulation of Water & Air Impacts
November 2, 2011, Shale Gas Operations: The Evolution of Well Permitting Requirements
January 26, 2007, "Emerging Legal Issues Associated with CO2 Injection and Geologic Storage," 2007 Winter Energy Workshops, Energy & Mineral Law Foundation
December 1, 1997, "Earth to Earth, Ashes to Ashes: Coal Combustion Byproducts Returned to the Mine Site," Natural Resources and Environment; ABA Section of Natural Resources, Energy, and Environmental Law (Winter 1997)