Christopher B. (Kip) Power

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 (4^th 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.

Memberships and Affiliations

Mr. Power is admitted to practice in West Virginia 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, the United States Courts of Appeals for the Fourth, Sixth, Ninth, and District of Columbia Circuits, and the U.S. Supreme Court. He 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.

Mr. Power has been ranked among West Virginia’s top natural resources and environmental lawyers in Chambers and Partners’ Chambers USA Guide. He has been recognized in The Best Lawyers of America^® for Environmental Law since 2003; Natural Resources Law since 2006; Mining Law since 2008; Energy Law since 2009; Commercial Litigation, Litigation – Environmental, Litigation – Land Use and Zoning, Litigation – Municipal, Litigation – Regulatory Enforcement (SEC, Telecom, Energy), and Oil and Gas Law since 2011; and Arbitration since 2024. Mr. Power was named the Best Lawyers^® 2020 Litigation – Environmental Law “Lawyer of the Year,” 2021 Natural Resources Law “Lawyer of the Year,” and 2024 Mining Law “Lawyer of the Year” in Charleston, W.Va. He was selected to the 2007-2022 West Virginia Super Lawyers lists (Thomson Reuters). Mr. Power is rated “AV Preeminent” (scoring 5 out of 5 – the highest rating for legal ability and ethical standards) by the Martindale-Hubbell Peer Review Rating System.

Publications/Presentations

• Co-Author, “WVDEP Proposes Clean Water Act Section 401 Certification for New Corps of Engineers Expedited Permitting Mechanisms for Energy-Related Projects,” Babst Calland Environmental Alert, September 2, 2025.
• Co-Author, “Federal Office of Surface Mining Proposes to Restore Coal Mine Regulatory Oversight Rules,” Babst Calland Environmental Alert, August 15, 2025.
• Co-Author, “U.S. EPA Approves Class VI Injection Well Primacy in West Virginia,” Babst Calland Environmental Alert, February 28, 2025.
• Author, “West Virginia Poised to Receive Primacy Over Permitting for Carbon Dioxide Underground Injection Wells,” GO-WV News, January 2025.
• Author, “West Virginia Poised to Receive Primacy Over Permitting for Carbon Dioxide Underground Injection Wells,” Babst Calland Environmental Alert, December 10, 2024.
• Co-Author, “EPA Agrees to Impose Novel Water Quality Requirements for West Virginia Streams,” Babst Calland Environmental Alert, April 19, 2024.
• Co-Author, “Court of Appeals Clarifies Need for Certificate of Authority to Maintain Lawsuits in North Carolina,” Babst Calland Litigation Alert, October 30, 2023.
• Co-Author, “WVDEP Notifies Facilities of PFAS Reporting Requirements,” Babst Calland Environmental Alert, September 11, 2023.
• Co-Author, “EPA Acts to Usurp State’s Standards for Stream Impairment Classification,” GO-WV News, September 2023.
• Co-Author, “EPA Proposes to Usurp State’s Judgment and Standards for Stream Impairment Classification,” Babst Calland Environmental Alert, July 26, 2023.
• Presenter, “West Virginia Underground Carbon Dioxide Sequestration & Storage Act,” Women’s Energy Network’s West Virginia Chapter, May 17, 2023.
• Co-Author, “Appeals Court Blocks Mountain Valley Pipeline Permit – Again,” Babst Calland Energy Alert, April 5, 2023.
• Co-Author: “A Dozen Federal Lawsuits Filed Against West Virginia Wind Farm Operator,” Babst Calland Environmental Alert, February 16, 2023.
• Co-Author, “OSM Releases Long-Awaited Guidance on Implementation of AML Grants in the Bipartisan Infrastructure Law,” Babst Calland Environmental Alert, August 11, 2022.
• Presenter, “West Virginia Underground Carbon Dioxide Sequestration and Storage Act,” Environmental Summit, West Virginia Coal Association, July 2022.
• Co-Author, “FWS Sued Over 16-Year Permit Delay, Proposes to Expand Locations for ‘Experimental Populations’,” Babst Calland Environmental Alert, June 13, 2022.
• Co-Author, “West Virginia Legislature Partially Acts on Rare Earth Elements,” Babst Calland Environmental Alert, March 15, 2022.
• Co-Author, “Infrastructure Grants Can Aid Mine Waste Rare Earth Projects,” Law360, February 28, 2022.
• Co-Author, “Legislation Incentivizes Rare Earth Element Development in Coal Mining Areas,” Babst Calland Infrastructure Alert, February 4, 2022.
• Author, “WVDEP Working on Permitting Rules for Storage of Captured CO₂,” GO-WV News, November 2021.
• Co-Author, “Litigation Continues over West Virginia’s Coal Mine Permit Bonding Program,” Babst Calland Environmental Alert, May 24, 2021.
• Author, “West Virginia Legislature Enacts Renewable Energy Site Reclamation Law,” Babst Calland Client Alert, April 14, 2021.
• Co-Author, “West Virginia DHHR Proposes New TENORM Rules, Kentucky Grand Jury Indicts TENORM Shipper for Violations of Federal DOT Regulations,” Babst Calland Client Environmental Alert, August 11, 2020.
• Co-Author, “West Virginia DEP Sued Over Coal Mine Bonding Program,” Babst Calland Environmental Alert, July 14, 2020.
• Author, “Federal Court in West Virginia Rejects NPDES Permit Modifications through WVDEP Administrative Orders,” Babst Calland Environmental Alert, June 10, 2020.
• Co-Author, “West Virginia DEP Receives Notice of Intent to Sue Under SMCRA Based on Deficiencies in Mine Reclamation Fund,” Babst Calland Environmental Alert, May 18, 2020.
• Author, “West Virginia DEP Opens Comment Period on New Wetland Assessment Tool,” Babst Calland Environmental Alert, January 6, 2020.
• Presenter, ““Clean Water Act Sections 401, 404 and 505: Citizen Suits Based on Water Quality Certifications for Energy Projects,” WVU College of Law’s Shale Gas Law 2019, November 8-9, 2019.
• Co-Author, “West Virginia District Court Dismisses Citizen Groups’ Effort to Invalidate Mining Permit,” Babst Calland Environmental Alert, August 16, 2019.
• Co-Author, “Federal Court Enjoins West Virginia County from Using Zoning Laws to Interfere with Construction of Compressor Station,” Babst Calland Energy Alert, August 31, 2018.
• Co-Author, “West Virginia – not EPA – Will Develop Water Quality Improvement Plans,” Babst Calland Environmental Alert, June 22, 2018.
• Author, “Taking ‘Yes’ for an Answer; Court Dismisses NPDES Permit Challenge as Non-Justiciable Following Elimination of Problematic Effluent Limit,” Babst Calland Environmental Legal Perspective, April 9, 2018.
• Presenter, “SMCRA Primacy Update: Big Brother Gets Out of the Way” Mining Symposium, West Virginia Coal Association, January 31, 2018.
• Author, “Clean Water Act Squeeze Play: EPA Asks the Fourth Circuit Not to Force Work on New Water Quality Standards Pending Appeal in ‘Constructive Submission’ TMDL Case,” Babst Calland Administrative Watch, May 16, 2017.
• Presenter, “Status of Primacy under the federal Surface Mining Control and Reclamation Act of 1977 (SMCRA),” 44th Annual WV Mining Symposium, February 22-23, 2017.
• Author, “Coming to a Stream Near You? Fourth Circuit Imposes Water Quality Standard Based on Conductivity,” Babst Calland Administrative Watch, January 12, 2017.
• Author, “U.S. Supreme Court Finds Clean Water Act Jurisdictional Determinations Reviewable,” Babst Calland Administrative Watch, June 1, 2016.
• Co-Author, “West Virginia DEP Holds Stakeholders Meeting on New AST Program,” Babst Calland Administrative Watch, October 5, 2014.
• Co-Author, “WVDEP Releases Draft Interpretive Rule on Aboveground Storage Tank Inspection, Certification, and Spill Prevention Plan Requirements,” Babst Calland Administrative Watch, September 5, 2014.
• Co-Author, “Water Quality Standard Setting Under the Clean Water Act: Is It Nimble Enough to Avoid Wasteful Spending on the Wrong Goals?”; West Virginia Law Review: 116 W.Va. L. Rev. 1075 (2014).