Spilman Thomas & Battle, PLLC

Spilman Center 300 Kanawha Boulevard, East
Charleston, WV 25321-0273, United States

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WVDEP Adopts Modified Aboveground Storage Tank Interpretive Rule

In the latest development relating to West Virginia’s new aboveground storage tank (“AST”) legislation, yesterday afternoon the West Virginia Department of Environmental Protection (“WVDEP”) filed with the West Virginia…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Aboveground Storage Tanks: New Interpretive Rule and Draft Emergency Rule

By the time you are reading this, the October 1 deadline to register all aboveground storage tanks (“ASTs”) in West Virginia has passed, and the world is still turning. If you have not yet registered your ASTs, it is still a…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

North Carolina Supreme Court Upholds Enforceability of Waiver of ECOA Claim

Last month, the North Carolina Supreme Court issued an important opinion for lenders in this state. The opinion reversed the North Carolina Court of Appeals’ decision in RL REGI N.C., LLC v. Lighthouse Cove, LLC, which found…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

If Community Comes First, Customers Will Follow! An Interview with Lyn Hayth, President and CEO of the Bank of Botetourt

We interviewed Lyn Hayth, President and CEO of the Bank of Botetourt, for Community Banking Excellence this issue. Lyn has been a banker for more than 30 years. His bank, with about $312 million in assets and $248 million in…more
| Finance & Banking

Views from the Footprint - Banking, Collateral, Default and Foreclosure Question

In this issue of Community Banking Excellence, we pose a question to Spilman’s banking law professionals throughout the firm’s geographical footprint, focusing on Virginia, Pennsylvania, North Carolina and West Virginia. The…more
| Civil Procedure, Finance & Banking, Real Estate - Commercial

A Welcome Change of Law in NC: A Workable Framework for Transferring Declarant Rights in a Foreclosure or Deed in Lieu

Good news! The murkiness surrounding declarant rights in North Carolina became a little clearer this summer. On July 7, 2014, Governor McCrory signed an amendment to the Planned Community Act addressing the transfer of declarant…more
| Finance & Banking, Real Estate - Commercial

The Equal Credit Opportunity Act – a Sword and a Shield?

The year was 1974 and, on the heels of the civil rights movement, was a time when the country maintained its heightened awareness of equality and discrimination. This was the year that the Equal Credit Opportunity Act (ECOA)…more
| Civil Procedure, Civil Rights, Finance & Banking, Consumer Protection

The Shale Play Today - October 2014

In This Issue: - West Virginia Aboveground Storage Tank Act Interpretive Rule Filed and Emergency Rule Out for Comment: The Aboveground Storage Tank Act was enacted in response to the January 9, 2014 spill that…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, International Law & Trade

Community Banking Excellence - Issue 3, 2014

In This Issue: - Another Perspective: Lyn Hayth is the President and CEO of the Bank of Botetourt. Lyn has been a banker for more than 30 years.... - From the Editor: A welcome message from our…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Partition Suit Decision Could Be Problematic for W.Va. Oil & Gas Operators

Based on a recent decision in West Virginia’s 3rd Judicial Circuit, which includes Doddridge, Pleasants and Ritchie counties, the use of litigation in the form of partition suits may be more problematic than it otherwise has…more
| Commercial Law & Contracts, Energy & Utilities, Zoning, Planning & Land Use

Aboveground Storage Tank Act Rough Draft Emergency Rule Out for Comment

Late Thursday afternoon, the West Virginia Department of Environmental Protection (“DEP”) published on its website what it characterizes as a “rough draft” of its forthcoming emergency rule (the “Draft Rule”), which is 79 pages…more
| Energy & Utilities, Environmental Law

Aboveground Storage Tank Act Interpretive Rule

This morning, the West Virginia Department of Environmental Protection (“DEP”) filed a proposed interpretive rule (the “Interpretive Rule”) with the West Virginia Secretary of State’s office implementing, in part, the recent…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Toxic Torts

A Look Ahead – What’s Next for the Oil & Gas Industry in 2014

With 125 days left in 2014, we find ourselves looking at What’s Next for the oil & gas industry in the Marcellus and Utica Shale Plays for the remainder of 2014. It has been an eventful year and with just four months until 2015,…more
| Energy & Utilities, Environmental Law, Taxation

The Shale Play Today - August 2014

In This Issue: - A Look Ahead - What's Next for 2014: With 125 days left in 2014, we find ourselves looking at What's Next for the oil & gas industry in the Marcellus and Utica Shale Plays. It has been an eventful…more
| Constitutional Law, Energy & Utilities

Is Sexual Orientation Including Gender Identity the Next Universally Protected Class in Employment Law?

On July 21, 2014, President Obama signed an executive order expanding protection of employees of the federal government provided by Executive Orders 11478 and 11246. Specifically, individuals in federal employment cannot be…more
| Civil Rights, Labor & Employment Law, Government Contracting
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