Ranked in 1 Practice Areas
1

Band 1

Environment

West Virginia

4 Years Ranked

About

Provided by Christopher B Power

USA

Practice Areas

Kip Power is a shareholder in the Energy and Natural Resources and Litigation groups of Babst Calland. Mr. Power helps clients comply with environmental laws and defend related litigation while keeping their businesses running profitably. He regularly represents companies when permitting and enforcement disputes arise and prosecutes civil actions and appeals challenging unlawful agency actions. Over the course of his career, he has successfully negotiated favorable resolutions of many sensitive and company-critical matters under a wide range of federal and state environmental programs.

His regulatory practice encompasses counseling and representation on issues arising under, among other laws, the federal Clean Water Act, Surface Mining Control and Reclamation Act of 1977 (SMCRA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Superfund), National Environmental Policy Act, Endangered Species Act, and related state analogues. He has also represented natural resource and utility clients in proceedings before the West Virginia Public Service Commission and before local planning and zoning authorities. Mr. Power is a member of the firm’s Renewables Group and has assisted clients on matters such as the siting of renewable energy projects on post-mining properties, the West Virginia Underground Carbon Dioxide Sequestration and Storage Act, and related federal and state programs.

Mr. Power also defends lawsuits by private parties claiming they have been harmed by natural resource extraction and other industrial operations, including suits based on Superfund, RCRA, and the Clean Water Act, and related common law claims. Among the cases in which Mr. Power has served as counsel are: West Virginia Land Resources, Inc., et al. v. W. Va. Dept. of Environmental Protection, et al., No. 21-0845 (W.Va. Sup. Court, 2023) (addressing challenges to reissuance of underground injection control permit based on increased mine pool maintenance costs); W.Va. Dept. of Transportation v. CDS Family Trust, LLC, 807 S.E.2d 780 (W.Va. 2017) (addressing standards for determining just compensation owed by the government for property that could serve as an environmental compensatory mitigation area), EQT Prod. Co. v. Wender, 870 F.3d. 322 (4th Cir. 2017) (finding county ordinance was preempted by state environmental laws); and Ohio Valley Envtl. Coal. Inc. v. Maple Coal Company, 808 F.Supp.2d 868, 880 (S.D. W.Va. 2011) (successfully asserting that plaintiffs failed to establish standing to bring one of two Clean Water Act citizens suit claims). He also represents clients in mediation and arbitration, and was a party-selected arbitrator in a major mineral development dispute that involved nearly 50 hearing days.

Professional Memberships

Mr. Power is a member of the West Virginia Manufacturers Association, Gas and Oil Association of West Virginia, West Virginia Coal Association, Energy and Mineral Law Foundation, and the Defense Trial Counsel of West Virginia. He is also a volunteer with Trellis Supportive Care (KBR Hospice Home) and Legal Aid of West Virginia, and a member of Fairness West Virginia.

Expert in these Jurisdictions

Mr. Power is admitted to practice in West Virginia, Kentucky, and North Carolina. He is also admitted to the following federal courts: the United States District Courts for the Northern and Southern Districts of West Virginia and the Eastern District of Kentucky, the United States Courts of Appeals for the Fourth, Sixth, Ninth, and District of Columbia Circuits, and the U.S. Supreme Court.

Education

Washington and Lee University

B.A.

1979 - 1983

West Virginia University

M.B.A.

1983 - 1985

West Virginia University College of Law

J.D.

1983 - 1986

Awards

Environmental Law Section

The Best Lawyers of America©

2003

Environmental Law Section

The Best Lawyers of America©

2004

Environmental Law Section

The Best Lawyers of America©

2005

Environmental Law Section

The Best Lawyers of America©

2006

Environmental Law Section

The Best Lawyers of America©

2007

Environmental Law Section

The Best Lawyers of America©

2008

Environmental Law Section

The Best Lawyers of America©

2009

Environmental Law Section

The Best Lawyers of America©

2010

Environmental Law Section

The Best Lawyers of America©

2011

Environmental Law Section

The Best Lawyers of America©

2012

Environmental Law Section

The Best Lawyers of America©

2013

Environmental Law Section

The Best Lawyers of America©

2014

Environmental Law Section

The Best Lawyers of America©

2015

Environmental Law Section

The Best Lawyers of America©

2016

Environmental Law Section

The Best Lawyers of America©

2017

Environmental Law Section

The Best Lawyers of America©

2018

Environmental Law Section

The Best Lawyers of America©

2019

Environmental Law Section

The Best Lawyers of America©

2020

Environmental Law Section

The Best Lawyers of America©

2021

Environmental Law Section

The Best Lawyers of America©

2022

Natural Resources Law Section

The Best Lawyers of America©

2006

Natural Resources Law Section

The Best Lawyers of America©

2007

Natural Resources Law Section

The Best Lawyers of America©

2008

Natural Resources Law Section

The Best Lawyers of America©

2009

Natural Resources Law Section

The Best Lawyers of America©

2010

Natural Resources Law Section

The Best Lawyers of America©

2011

Natural Resources Law Section

The Best Lawyers of America©

2012

Natural Resources Law Section

The Best Lawyers of America©

2013

Natural Resources Law Section

The Best Lawyers of America©

2014

Natural Resources Law Section

The Best Lawyers of America©

2015

Natural Resources Law Section

The Best Lawyers of America©

2016

Natural Resources Law Section

The Best Lawyers of America©

2017

Natural Resources Law Section

The Best Lawyers of America©

2018

Natural Resources Law Section

The Best Lawyers of America©

2019

Natural Resources Law Section

The Best Lawyers of America©

2020

Natural Resources Law Section

The Best Lawyers of America©

2021

Natural Resources Law Section

The Best Lawyers of America©

2022

Mining Law Section

The Best Lawyers of America©

2008

Mining Law Section

The Best Lawyers of America©

2009

Mining Law Section

The Best Lawyers of America©

2010

Mining Law Section

The Best Lawyers of America©

2011

Mining Law Section

The Best Lawyers of America©

2012

Mining Law Section

The Best Lawyers of America©

2013

Mining Law Section

The Best Lawyers of America©

2014

Mining Law Section

The Best Lawyers of America©

2015

Mining Law Section

The Best Lawyers of America©

2016

Mining Law Section

The Best Lawyers of America©

2017

Mining Law Section

The Best Lawyers of America©

2018

Mining Law Section

The Best Lawyers of America©

2019

Mining Law Section

The Best Lawyers of America©

2020

Mining Law Section

The Best Lawyers of America©

2021

Mining Law Section

The Best Lawyers of America©

2022

Energy Law Section

The Best Lawyers of America©

2009

Energy Law Section

The Best Lawyers of America©

2010

Energy Law Section

The Best Lawyers of America©

2011

Energy Law Section

The Best Lawyers of America©

2012

Energy Law Section

The Best Lawyers of America©

2013

Energy Law Section

The Best Lawyers of America©

2014

Energy Law Section

The Best Lawyers of America©

2015

Energy Law Section

The Best Lawyers of America©

2016

Energy Law Section

The Best Lawyers of America©

2017

Energy Law Section

The Best Lawyers of America©

2018

Energy Law Section

The Best Lawyers of America©

2019

Energy Law Section

The Best Lawyers of America©

2020

Energy Law Section

The Best Lawyers of America©

2021

Energy Law Section

The Best Lawyers of America©

2022

Litigation – Environmental Section

The Best Lawyers of America©

2011

Litigation – Environmental Section

The Best Lawyers of America©

2012

Litigation – Environmental Section

The Best Lawyers of America©

2013

Litigation – Environmental Section

The Best Lawyers of America©

2014

Litigation – Environmental Section

The Best Lawyers of America©

2015

Litigation – Environmental Section

The Best Lawyers of America©

2016

Litigation – Environmental Section

The Best Lawyers of America©

2017

Litigation – Environmental Section

The Best Lawyers of America©

2018

Litigation – Environmental Section

The Best Lawyers of America©

2019

Litigation – Environmental Section

The Best Lawyers of America©

2020

Litigation – Environmental Section

The Best Lawyers of America©

2021

Litigation – Environmental Section

The Best Lawyers of America©

2022

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2011

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2012

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2013

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2014

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2015

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2016

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2017

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2018

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2019

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2020

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2021

Litigation – Land Use and Zoning Section

The Best Lawyers of America©

2022

Litigation – Municipal Section

The Best Lawyers of America©

2011

Litigation – Municipal Section

The Best Lawyers of America©

2012

Litigation – Municipal Section

The Best Lawyers of America©

2013

Litigation – Municipal Section

The Best Lawyers of America©

2014

Litigation – Municipal Section

The Best Lawyers of America©

2015

Litigation – Municipal Section

The Best Lawyers of America©

2016

Litigation – Municipal Section

The Best Lawyers of America©

2017

Litigation – Municipal Section

The Best Lawyers of America©

2018

Litigation – Municipal Section

The Best Lawyers of America©

2019

Litigation – Municipal Section

The Best Lawyers of America©

2020

Litigation – Municipal Section

The Best Lawyers of America©

2021

Litigation – Municipal Section

The Best Lawyers of America©

2022

Oil and Gas Law Section

The Best Lawyers of America©

2011

Oil and Gas Law Section

The Best Lawyers of America©

2012

Oil and Gas Law Section

The Best Lawyers of America©

2013

Oil and Gas Law Section

The Best Lawyers of America©

2014

Oil and Gas Law Section

The Best Lawyers of America©

2015

Oil and Gas Law Section

The Best Lawyers of America©

2016

Oil and Gas Law Section

The Best Lawyers of America©

2017

Oil and Gas Law Section

The Best Lawyers of America©

2018

Oil and Gas Law Section

The Best Lawyers of America©

2019

Oil and Gas Law Section

The Best Lawyers of America©

2020

Oil and Gas Law Section

The Best Lawyers of America©

2021

Oil and Gas Law Section

The Best Lawyers of America©

2022

Environmental Law “Lawyer of the Year” in Charleston, W.Va.

Best Lawyers®

2019

Litigation – Environmental Law “Lawyer of the Year” in Charleston, W.Va.

Best Lawyers®

2020

Natural Resources Law “Lawyer of the Year” in Charleston, W.Va.

Best Lawyers®

2021

West Virginia Super Lawyers

Thomson Reuters

2007

West Virginia Super Lawyers

Thomson Reuters

2008

West Virginia Super Lawyers

Thomson Reuters

2009

West Virginia Super Lawyers

Thomson Reuters

2010

West Virginia Super Lawyers

Thomson Reuters

2011

West Virginia Super Lawyers

Thomson Reuters

2012

West Virginia Super Lawyers

Thomson Reuters

2013

West Virginia Super Lawyers

Thomson Reuters

2014

West Virginia Super Lawyers

Thomson Reuters

2015

West Virginia Super Lawyers

Thomson Reuters

2016

West Virginia Super Lawyers

Thomson Reuters

2017

West Virginia Super Lawyers

Thomson Reuters

2018

West Virginia Super Lawyers

Thomson Reuters

2019

West Virginia Super Lawyers

Thomson Reuters

2020

West Virginia Super Lawyers

Thomson Reuters

2021

West Virginia Super Lawyers

Thomson Reuters

2022

Environmental Law Section

The Best Lawyers of America©

2023

Natural Resources Law Section

The Best Lawyers of America©

2023

Mining Law Section

The Best Lawyers of America©

2023

Energy Law Section

The Best Lawyers of America©

2023

Litigation - Environmental Section

The Best Lawyers of America©

2023

Litigation - Land Use and Zoning Section

The Best Lawyers of America©

2023

Litigation - Municipal Section

The Best Lawyers of America©

2023

Oil and Gas Law Section

The Best Lawyers of America©

2023

Arbitration Section

The Best Lawyers of America©

2024

Commercial Litigation Section

The Best Lawyers of America©

2024

Energy Law Section

The Best Lawyers of America©

2024

Environmental Law Section

The Best Lawyers of America©

2024

Litigation - Environmental Section

The Best Lawyers of America©

2024

Litigation - Land Use and Zoning Section

The Best Lawyers of America©

2024

Litigation - Municipal Section

The Best Lawyers of America©

2024

Litigation - Regulatory Enforcement (SEC, Telecom, Energy) Section

The Best Lawyers of America©

2024

Mining Law Section

The Best Lawyers of America©

2024

Natural Resources Law Section

The Best Lawyers of America©

2024

Oil and Gas Law Section

The Best Lawyers of America©

2024

Mining Law “Lawyer of the Year” in Pittsburgh, Pa.

The Best Lawyers of America©

2024

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