Robert M. Stonestreet

Area of Emphasis

Robert Stonestreet focuses his practice on land, energy, and environmental law. He has a wide array of regulatory and courtroom experience, including representation of clients in matters involving lease and land disputes, environmental permitting, enforcement actions, serious personal injury/wrongful death, land contamination, toxic torts, and complex commercial disputes.

During his more than 20 years in practice, Mr. Stonestreet has tried multiple cases to verdict before state and federal courts and administrative agencies. In October 2022, he served as trial counsel in a sub-surface trespass case in which a jury awarded over $70,000,000 in favor of his client for damage to mineral reserves. Mr. Stonestreet has played prominent roles in multiple appellate proceedings, which include: West Virginia Land Resources, Inc. v. American Bituminous Power Partners, LP, 2023 W.Va. LEXIS 267, 2023 WL 3991964 (June 14, 2023); SWN Production Company, LLC v. Conley, 243 W. Va. 696, 850 S.E.2d 695 (2020); Triad Hunter, LLC v. Eagle Natrium, LLC, 132 N.E.3d 1272 (Ohio 7th Dist. Ct. App. 2019); Central West Virginia Energy Co. v. Mountain State Carbon, LLC, 636 F.3d 101 (4th Cir. 2011); and Affiliated Construction Trades Foundation v. West Virginia Department of Transportation, 227 W. Va. 653, 713 S.E.2d 809 (2011).

Background

Mr. Stonestreet graduated from Marshall University, summa cum laude, in 2000 with a degree in History. He received his law degree in 2003 from West Virginia University College of Law. While attending law school, Mr. Stonestreet served as Executive Manuscript Editor of the West Virginia Law Review and graduated in the top five percent of his class.

Outside of the law, Mr. Stonestreet is an avid distance runner and outdoor recreation enthusiast. He has completed multiple road marathons and various types of long-distance trail races. 

Memberships and Affiliations

Mr. Stonestreet contributes to a number of industry associations. He is a member of the Gas & Oil Association of West Virginia’s Environment Committee, the West Virginia Coal Association Environmental and Technical Committee, the Defense Research Institute (DRI), and the Energy & Mineral Law Foundation. Mr. Stonestreet currently serves as the vice chair of the Defense Trial Counsel of West Virginia’s Energy Committee. He is also the past president of the Air & Waste Management Association, West Virginia Chapter, and past chair of the Water Subcommittee of the West Virginia Chamber of Commerce’s Environment Committee.

Mr. Stonestreet actively participates in community activities. He is the current president of the Marshall University Quarterback Club of Charleston, and a director on the Board of the Marshall University Big Green Scholarship Foundation. Mr. Stonestreet is a long-standing appointed member of the Putnam County Board of Zoning Appeals, which is a quasi-judicial administrative hearing board. He also a director and Vice President of the Meeks Mountain Trail Alliance, which is a non-profit organization developing 31 miles of public hiking and biking trails in coordination with a local landowner and city government. Mr. Stonestreet also serves on the Board of Directors of Leadership West Virginia, which is a statewide program that develops, strengthens and connects West Virginia leaders.

Mr. Stonestreet is ranked among West Virginia’s top energy & natural resources and environmental lawyers in Chambers and Partners’ Chambers USA Guide. He has been listed in The Best Lawyers of America^© in the Environmental Law Section since 2013; Commercial Litigation Section since 2018; and Energy Law Section since 2020 by BL Rankings. Mr. Stonestreet was also named the Best Lawyers® 2022 Environmental Law “Lawyer of the Year” in Charleston, W.Va. He was selected to the 2010-2012 West Virginia Rising Stars and 2013-2020 West Virginia Super Lawyers lists (Thomson Reuters).

Mr. Stonestreet is admitted to practice in West Virginia, Ohio, Kentucky, the United States District Courts for the Northern and Southern Districts of West Virginia, the Northern and Southern Districts of Ohio, the District of Columbia, and the United States Courts of Appeals for the Fourth, Sixth, and Ninth Circuits.

Publications/Presentations

• Moderator, “Making Steel in West Virginia & its Connection to Manufacturing,” 2024 WVMEG Summit, May 7, 2024.
• Co-Author, “EPA Agrees to Impose Novel Water Quality Requirements for West Virginia Streams,” Babst Calland Environmental Alert, April 19, 2024.
• Co-Author, “Federal Court Dismisses Challenge to WV Pooling Statute,” Babst Calland Energy Alert, March 27, 2024.
• Co-Author, “Federal Court Directed to Rule on Challenge to WV Pooling Statute,” Babst Calland Energy Alert, February 1, 2024.
• Co-Author, “Court to Rule on WV Pooling Statute Challenge,” GO-WV News, February 2024.
• 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.
• Co-Author, “Appeals Court Blocks Mountain Valley Pipeline Permit – Again,” Babst Calland Energy Alert, April 5, 2023.
• Presenter, “The New West Virginia Unitization Process,” 2023 Appalachian Land Institute, March 21, 2023.
• Co-Author: “A Dozen Federal Lawsuits Filed Against West Virginia Wind Farm Operator,” Babst Calland Environmental Alert, February 16, 2023.
• Co-Author, “Federal Court Dismisses Challenge to Oil and Gas Unitization Statute,” Babst Calland Energy Alert, September 9, 2022.
• Author, “Intersection of Wildlife and Environmental Regs,” GO-WV News, 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.
• Author, “Endangered Species Issues Slow Pipeline Completion,” Babst Calland Environmental Alert, February 11, 2022.
• Co-Author, “Legislation Incentivizes Rare Earth Element Development in Coal Mining Areas,” Babst Calland Infrastructure Alert, February 4, 2022.
• Co-Author, “Litigation Continues over West Virginia’s Coal Mine Permit Bonding Program,” Babst Calland Environmental Alert, May 24, 2021.
• Co-Author, “Second Circuit Holds New York’s Climate Tort Lawsuit in Federal Court is Pre-Empted by the Clean Air Act,” Babst Calland Environmental Alert, April 30, 2021.
• Author, “U.S. Fish & Wildlife Service Finalizes ‘Habitat’ Definition under Endangered Species Act,” The PIOGA Press, January 2021.
• Author, “U.S. Fish & Wildlife Service Finalizes ‘Habitat’ Definition under Endangered Species Act,” Babst Calland Environmental Alert, December 17, 2020.
• Author, “US Fish and Wildlife Services Proposes Definition of “Habitat” under Endangered Species Act,” Babst Calland Environmental Alert, August 10, 2020.
• Co-Author, “West Virginia DEP Sued Over Coal Mine Bonding Program,” Babst Calland Environmental Alert, July 14, 2020.
• Co-Author, “Appalachian Trail Not a Barrier to Atlantic Coast Pipeline,” Babst Calland Energy Alert, June 16, 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.
• Co-Panelist, “I Sue You: The Current State of Energy Litigation in Appalachia,” 10th Law of Shale Plays Conference, Pittsburgh, Pa., September 2019.
• Co-Author, “West Virginia District Court Dismisses Citizen Groups’ Effort to Invalidate Mining Permit,” Babst Calland Environmental Alert, August 16, 2019.
• Co-Author, “West Virginia – not EPA – Will Develop Water Quality Improvement Plans,” Babst Calland Environmental Alert, June 22, 2018.
• Presenter, “Critical Habitat Designations Under the Endangered Species Act,” Shale Gas Law Conference, November 9, 2018; West Virginia Chamber of Commerce Environment and Energy Conference, May 23, 2018.
• Co-Author, “The Underground Reach of the Clean Water Act: It’s Not Just for Surface Water,” Babst Calland Environmental Legal Perspective, February 6, 2018.
• Author, “Deduction of Post-Production Expenses from Royalty Payments in Ohio,” Babst Calland Legal Perspective, November 2, 2017.
• Presenter, “Regulatory Issues Associated with Underground Storage of Natural Gas Liquids,” West Virginia Energy Institute, August 22, 2017.
• Presenter, “Held by Operations: Keeping Your Lease Alive,” West Virginia Oil and Natural Gas Association Spring Meeting, May 17, 2017; American Association of Professional Landmen seminar, March 9, 2017.
• Co-Panelist, “Regulatory Reform,” West Virginia Chamber Environmental and Energy Conference. Charleston, W.Va., May 24, 2016.
• Author and Presenter, “Cooperative Federalism and Environmental Laws: Coping with Two Masters,” Energy & Mineral Law Foundation’s Annual Institute, June 22, 2015.
• Co-Author, “West Virginia DEP Holds Stakeholders Meeting on New AST Program,” Babst Calland Administrative Watch, October 5, 2014.
• Presenter, “Current Issues in Storm Water Regulation in West Virginia,” Lorman seminar, October 2, 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.
• Panelist, “Litigation Issues in West Virginia Energy Law,” West Virginia Defense Trial Counsel, April 23, 2013.
• Author, “Force Majeure for Sure? Contractual Coal Supply Obligations in a Changing World,” 30 Energy & Min. L. Inst. 5 (2009).
• Author, “You Have No Idea – Environmental Regulation of the Coal Industry,” 25 Energy & Min. L. Inst. 133 (2005).
• Author, “Replacing a Solid Wall with a Chain Link Fence: Special Relationship Analysis for Tort Recovery of Purely Economic Loss,” 105 W. Va. L. Rev. 213 (2002).