Area of Emphasis
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.

Background
Mr. Power graduated, cum laude, from Washington and Lee University with his B.A.in Economics in 1983. He received his M.B.A from the West Virginia University College of Business and Economics in 1985 and his J.D. from the West Virginia University College of Law in 1986.