Litigation

Appellate

Our appellate attorneys pair deep understanding of appellate courts and appellate procedure with subject matter experience in fields including business and commercial law; environmental, energy, and natural resources law; pipeline safety; and land use and zoning. We include former appellate clerks, members of appellate rules committees, and regular speakers on appellate matters. We approach every engagement based on goals developed with our clients and work tirelessly to place our clients in a position to achieve them. Our most common areas of practice are:

• Traditional Appeals. We represent businesses, government agencies, and individuals in prosecuting or defending appeals from trial court orders in state and federal courts.
• Administrative Appeals. We represent businesses and individuals in appeals from administrative actions, such as permitting actions and orders of environmental regulators (e.g., U.S. Environmental Protection Agency, Pennsylvania Department of Environmental Protection, West Virginia Department of Environmental Protection).
• Land Use and Other Local Governmental Appeals. We represent businesses, individuals, and local government agencies in appeals of decisions made by local government agencies, including land use (zoning and SALDO), code enforcement, and other matters.
• Regulatory Challenges. We represent businesses and trade associations in challenges to local, state and federal regulatory actions.
• Amicus Curiae Briefs. We represent businesses and trade associations in submitting amicus curiae briefs in significant state and federal appeals.
• Original Jurisdiction Matters. We represent businesses, governments, and individuals in prosecuting or defending original jurisdiction proceedings, such as writs of prohibition or mandamus, in state and federal courts.

Representative matters include:

• In re Penneco Environmental Solutions, LLC, UIC Appeal Nos. 23-01 and 23-02 (E.A.B. Nov. 25, 2024)
  Successfully defended UIC Class II-D permits against statutory and constitutional challenge.
• In re: Condemnation of the Township of Robinson of Certain Lands Owned Now or Formerly of: E&R Partners, L.P., 297 A.3d 460, No. 312 C.D. 2022 (Pa. Commw. Ct. 2023)
  Successfully defended a private landowner in condemnation proceedings.
• Jefferson County Foundation, Inc. v. West Virginia Economic Development Authority, 875 S.E.2d 162 (W. Va. 2022)
  Successfully defended tax abatement program responsible for more than $1 billion in capital investment in West Virginia from constitutional and statutory challenges.
• Lodge v. Robinson Twp. Zoning Hearing Bd., 283 A.3d 910 (Pa. Commw. Ct. 2022)
  Successfully defended a land use appeal challenging the substantive validity of Township Zoning Ordinance.
• Twp. of Robinson v. Esposito, 210 A.3d 1146 (Pa. Commw. Ct. 2019)
  Successfully defended a private individual against unlawful criminal zoning enforcement proceedings.
• Frederick v. Allegheny Twp. Zoning Hearing Bd. et al., 196 A.3d 677 (Pa. Commw. Ct. 2018)
  Successfully defended a land use appeal challenging the substantive validity of Township Zoning Ordinance where objectors argued the ordinance violated the Environmental Rights Amendment.
• Triad Hunter, LLC v. Eagle Natrium, LLC, 257 N.E.3d 982 (Ohio App.—7th Dist. 2024)
  Successfully defended $70 million jury verdict for lost profits from Marcellus wells.
• GPA Midstream v. U.S. Department of Transportation, 67 F.4th 1188 (D.C. Cir. 2023)
  Successfully challenged rulemaking of the Pipeline and Hazardous Materials Safety Administration related to remote-controlled or automatic shut-off valves on gathering pipelines.
• SWN Prod. Co., LLC v. Conley, 850 S.E.2d 695 (W. Va. 2020)
  Successfully obtained reversal of trial court order denying oil and gas company leave to intervene in quiet title action, resulting in creation of new Syllabus Points.
• State ex rel. Antero Res. Corp. v. McCarthy, 880 S.E.2d 915 (W. Va. 2022)
  Successfully obtained writ of prohibition against enforcement of trial court order deeming attorney-client privilege to have been waived.
• Mountain Valley Pipeline v. Zinn, 924 S.E.2d 417 (W. Va. 2025)
  Successfully obtained reversal of trial court order dismissing claims by pipeline company and finding company had claims for trespass, tortious interference, monetary damages and associated injunctive relief against environmental protesters who interfered with and temporarily shut down construction project.
• Winged Foot Minerals, LLC v. SWN Production Company, LLC, Case No. 25-ICA-100 (W. Va. App. Ct. Mar. 3, 2026)
  Successfully defended oil and gas producers in a multimillion-dollar, high-stakes mineral trespass case securing favorable summary judgment by navigating complex title related issues affirmed on appeal to the ICA avoiding significant punitive damages, and protecting the company’s operating interests.