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Thursday, February 5, 2009
1:05-1:15 p.m. Welcome Remarks
- Maureen D. Carman, EMLF President, Wyatt, Tarrant & Combs, Lexington, KY
1:15-2:00 p.m. Commentary on the New Administration: Mineral and Energy Issues
- Tom Crawford, The c2 Group, Washington, DC
2:00-2:45 p.m. Implications of the 2008 Financial Crisis for the Mineral and Energy Sector
- Kurt Oehlberg, Managing Director, Energy & Natural Resources, FBR Capital Markets, New York, NY
3:00-3:45 p.m. Carbon Market Opportunities: Certified Emission Reductions – Implications for U.S. Regulation and Business
Carbon markets provide an opportunity to reduce greenhouse gases (GHG) cost-effectively. Project based certified emission reductions (CERs) are being created and traded to help countries meet their carbon reduction targets. Currently, there is an active debate in Europe, the US Congress, and elsewhere in the world as to what role these carbon credits should play towards meeting future GHG reduction targets. Mr. Eyster’s presentation will discuss how the international carbon market is structured, what its track record has been, and what alternatives are being considered for future use of project based emission reductions or offsets.
- Jerry M. Eyster, Senior Vice President, Investment Strategy, GE Energy Financial Services, Inc., Stamford, CT
3:45-4:15 p.m. Overview of China’s Coalbed Methane Production Potential
Marshall Miller & Associates (MM&A) has been actively involved with the development of coalbed methane in China since 1994. MM&A has been a founding member of CBM & Associates, Asian American Coal, Inc. and Asian American Gas, Inc. These companies are based in China and have been developing coalbed methane reserves using a variety of drilling techniques. The Chinese coalbed methane reserves and resources are potentially the most significant in the world. The Chinese coalbed methane industry is emerging and boosted by mine safety, governmental regulations, and environmental controls. This presentation will give an overview of the current state of the Chinese coalbed methane industry, geologic controls, and development techniques.
- K. Scott Keim, President, Marshall Miller & Associates, Bluefield, VA
4:15-4:45 p.m. Coal in the Asian Arena
With offices in Brisbane, Australia and Beijing, China, the John T. Boyd Co. has witnessed the overwhelming growth in coal demand (China and India) and the corresponding response from the supply side (Australia and Indonesia) in recent years. This presentation reflects on recent developments in the Asian coal markets and attempts to summarize the region’s near term coal demand requirements and the ability of the major coal players to meet the growing need for energy.
- William P. Wolf, Vice President, John T. Boyd Company, Pittsburgh, PA
4:45-5:45 p.m. United States / Federal Clean Coal Development – Evolving GHG Regulatory Programs, Government and Industry Initatives, Emergency Technologies and Other Drivers of Change
- Ben Yamagata, Van Ness Feldman and Executive Director, Coal Utilization Research Council, Washington, DC
6:00 p.m. Hosted Poolside Reception
Friday, February 6, 2009
8:00-9:30 a.m. Mountaintop Mining: Cumulative Impacts and Compensatory Mitigation
TMDLs and Water Issues, Selenium – KY, WV, TN
- Robert G. McLusky, Jackson Kelly PLLC, Charleston, WV
- Robert Singer, Ecology and Environment, Lancaster, NY
- Steve Gardner, Engineering Consulting Services, Inc., Lexington, KY
9:45-10:15 a.m. NERC’s Reliability Standards: Reliability Liability
In mid-2007, a major shift occurred in the oversight of the bulk electric system. The Reliability Standards became mandatory and FERC charged NERC with monitoring and enforcing compliance. Now, 1850+ registered entities are facing audits, self-reports and enforcement actions. Who’s in? Who’s out? Who’s next? How Reliability Standards compliance has changed the way we approach ownership, operation and use of the bulk power system.
- Elizabeth Cocanougher, E.ON U.S. LLC, Louisville, KY
10:15-11:00 a.m. Price Volatility in the Fuels Market
- Andy Roberts, Vice President– Coal Consulting, Hill & Associates, a Wood Mackenzie Company, Annapolis, MD
11:00-11:30 a.m. MSHA’s New Drug Testing Regulations
On September 8, 2008, the Mine Safety and Health Administration (MSHA) proposed new drug testing regulations which would establish a uniform drug and alcohol testing standard for the mining industry. Public hearings have been held, where both industry and unions opposed the proposed standards, for very different reasons. By the time of the Winter Workshops, we may have MSHA’s final rule on drug testing. Ms. Dailey’s presentation will discuss these new rules. If they are not yet finalized, her presentation will cover the proposed rules, the status of drug testing at mining facilities today and the nature of the issues that MSHA is grappling with in promulgating these rules.
- Anna M. Dailey, Dinsmore & Shohl, Charleston, WV
11:30 a.m.-12:45 p.m. Clean Coal Projects
Oxy-coal Technology – An alliance of companies is developing a project that could allow the U.S. to continue using its abundant coal resources to generate electricity while reducing greenhouse gas (carbon dioxide) emissions by more than 90% using carbon capture and sequestration. The demonstration project could be the first of its kind in the nation, integrating several proven technologies in one place for the first time in what is called oxy-coal technology. Pending funding, permitting and final engineering studies, a coal-fired plant fitted with this technology could start up in Jamestown, New York, in 2013.
- Rick Victor, Director, Technology Development, Praxair Inc., Tonawanda, NY
AEP’s IGCC and CCS Projects – AEP has considerable interest in the sustained viability of coal as a fuel source for electric power generation. Over the past several years, clean coal/CO2 capture technology projects have been developed for both new capacity and for CO2 capture and storage on existing coal fired units. This presentation will discuss the proposed technology, the status of these projects, and the challenges associated with the technology and project development.
- Daniel M. Duellman, Director of New Generation Engineering, AEP Engineering Services, Columbus, OH
1:00 p.m. Luncheon Program: “Employee Free Choice Act”
- Marc Freedman, Director of Labor Law Policy, U.S. Chamber of Commerce, Washington, DC
2:30-3:00 p.m. National Labor Relations Act Update
The latest issues and developments with the NLRB.
- Ronald E. Meisburg, General Counsel, National Labor Relations Board, Washington, DC
3:00-3:45 p.m. Pending Labor Legislation and Regulatory Developments
Assuming the Employee Free Choice Act (EFCA) is adopted, what issues remain in representation procedures and how can an employer prepare to deal with them? The EFCA and other pending labor legislation will be examined.
- Forrest Roles, Dinsmore & Shohl, Charleston, WV
- Harold “Hal” Coxson, Ogletree Deakins Nash Smoak & Stewart, Washington, DC
4:00-4:30 p.m. Corporate Campaign Litigation: Utilizing the RICO Act
- Gregory B. Robertson, Hunton & Williams, Richmond, VA
4:30-5:00 p.m. Fair Labor Standards Act: The Bare Essentials of Donning and Doffing Claims
Over the past several years, numerous collective actions (the Fair Labor Standards Act’s equivalent of class actions) have been filed across the country seeking overtime pay for the time spent (1) putting on and taking off certain safety equipment, (2) traveling from a changing area to a work location and then back to the changing area, and/or (3) showering at the end of the work day. The amounts at stake can be substantial and the courts have not been uniform in deciding these issues. To date, the coal industry has not been a principal target of these claims, but that may be changing.
- David J. Laurent, Buchanan Ingersoll & Rooney, Pittsburgh, PA
5:00-5:30 p.m. The 2008 Amendments to the Americans With Disabilities Act
On September 25, 2008, President Bush signed the Americans with Disabilities Act Amendments Act of 2008 (“ADA Amendments Act” or “Act”). The Act makes important changes to the definition of the term “disability” by rejecting the holdings in several longstanding Supreme Court decisions and portions of EEOC’s ADA regulations. As of January 1, 2009, when the ADA Amendments Act becomes effective, employers must change the way they interpret the ADA. The Act expressly directs the courts to interpret the ADA as inclusively as possible. This presentation will evaluate the impact of these changes.
- Debra H. Dawahare, Wyatt, Tarrant & Combs, LLC, Lexington, KY
6:00 p.m. Hosted Poolside Reception
Saturday, February 7, 2009
7:30-8:30 a.m. Professional Ethics Update 2009
See the beautiful Florida sunrise and learn about current developments in three areas of professional responsibility: (1) outsourcing legal and nonlegal services, (2) preserving privilege, and (3) representing multiple clients in the same or related matters. This session will focus on the applicable ABA Model Rules of Professional Conduct and explore recent ethics opinions and court cases in these areas. It will include discussion of the two most recent ABA formal ethics opinions, new Federal Rule of Evidence 502 (on attorney-client privilege and work product), and several high profile court decisions.
- David G. Ries, Thorp Reed & Armstrong, Pittsburgh, PA
8:45-10:15 a.m. The Art of Negotiations
All attorneys and business people, whether in a litigation, business or other setting, have to negotiate some time or another. This session will assist everyone, regardless of negotiation experience, to become better negotiators. The presentation includes consideration of 1) the goals of a particular negotiation, 2) the value of the business relationship involved, 3) achieving the desired result, 4) thorough preparation, 5) negotiation techniques, 6) and non-verbal cues. As a training exercise, attendees can participate in an informal and short negotiation with a peer.
- Kevin K. Douglass, Babst, Calland, Clements and Zomnir, P.C., Pittsburgh, PA
10:30 a.m. Hosted Brunch
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