Best Lawyers for Water Law in West Virginia, United States

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Lawyer
  • Recognized Since: 2008
  • Location:
    Charleston, West Virginia
  • Practice Areas:
    Natural Resources Law Water Law Environmental Law Energy Law Oil and Gas Law Energy Regulatory Law Litigation - Environmental
Lawyer
  • Recognized Since: 1989
  • Location:
    Charleston, West Virginia
  • Practice Areas:
    Water Law Environmental Law Energy Law Energy Regulatory Law Litigation - Environmental Natural Resources Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Charleston, West Virginia
  • Practice Areas:
    Energy Regulatory Law Litigation - Environmental Water Law Mining Law Environmental Law Natural Resources Law Energy Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Charleston, West Virginia
  • Practice Areas:
    Litigation - Environmental Environmental Law Water Law

  • Recognized Since: Ones to Watch Since:
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Practice Area Definition

Water Law Definition

Water law is a complex combination of common law and statutory law and implementing regulations. This body of law can generally be divided into two substantive areas: rights to use water and restrictions on pollution of water.

Water use law practice starts at the fundamental level with the rights of owners of property abutting a surface water, i.e. riparian owners, to use water without unreasonably interfering with the rights of other riparian owners. This can involve both withdrawing and using water or diverting the flow of surface water. The withdrawal of groundwater is also regulated where necessary to avoid overuse of aquifers. A body of state statutes and regulations regulates certain uses of water, such as transfers of water from one river basin to another, withdrawal of groundwater from overused aquifers, impoundment of water, and construction of wells. In addition, the Federal Safe Water Drinking Act regulates the treatment of water by water supply systems.

Water pollution law practice is an extraordinarily complex area of common law and regulatory programs. It can involve areas of common law such as nuisance, trespass, and negligence, but more often it involves an interwoven and overlapping network of federal and state statutes and regulations. A partial list includes state laws regulating surface water discharges from point sources; sedimentation and erosion; stormwater runoff; land uses in nutrient-sensitive waters and water supply watersheds; and sources of groundwater pollution. Federal regulatory programs include regulation of wetlands and construction in navigable waters and establishment of total maximum daily loads in highly polluted surface water bodies.

Clients in this area of practice include local governments, utilities, private developers, and industries seeking to build or expand water supply and waste treatment facilities, or engaging in large land development projects involving wetlands, stormwater controls, and water-dependent uses such as docks and marinas.

Representation of such clients frequently involves compliance counseling to obtain agency permits, and sometimes includes administrative litigation when the agency denies approval or when another person challenges an approval. Water law practice also can involve litigation in court, sometimes in the form of appeals of agency decisions, penalties or orders and sometimes private party claims based on nuisance, negligence, trespass, interference with riparian rights, or citizens’ suits to address alleged violations of regulatory requirements.

Poyner Spruill LLP

Poyner Spruill LLP logo

Water law is a complex combination of common law and statutory law and implementing regulations. This body of law can generally be divided into two substantive areas: rights to use water and restrictions on pollution of water.

Water use law practice starts at the fundamental level with the rights of owners of property abutting a surface water, i.e. riparian owners, to use water without unreasonably interfering with the rights of other riparian owners. This can involve both withdrawing and using water or diverting the flow of surface water. The withdrawal of groundwater is also regulated where necessary to avoid overuse of aquifers. A body of state statutes and regulations regulates certain uses of water, such as transfers of water from one river basin to another, withdrawal of groundwater from overused aquifers, impoundment of water, and construction of wells. In addition, the Federal Safe Water Drinking Act regulates the treatment of water by water supply systems.

Water pollution law practice is an extraordinarily complex area of common law and regulatory programs. It can involve areas of common law such as nuisance, trespass, and negligence, but more often it involves an interwoven and overlapping network of federal and state statutes and regulations. A partial list includes state laws regulating surface water discharges from point sources; sedimentation and erosion; stormwater runoff; land uses in nutrient-sensitive waters and water supply watersheds; and sources of groundwater pollution. Federal regulatory programs include regulation of wetlands and construction in navigable waters and establishment of total maximum daily loads in highly polluted surface water bodies.

Clients in this area of practice include local governments, utilities, private developers, and industries seeking to build or expand water supply and waste treatment facilities, or engaging in large land development projects involving wetlands, stormwater controls, and water-dependent uses such as docks and marinas.

Representation of such clients frequently involves compliance counseling to obtain agency permits, and sometimes includes administrative litigation when the agency denies approval or when another person challenges an approval. Water law practice also can involve litigation in court, sometimes in the form of appeals of agency decisions, penalties or orders and sometimes private party claims based on nuisance, negligence, trespass, interference with riparian rights, or citizens’ suits to address alleged violations of regulatory requirements.