The Energy & Mineral Law Foundation
July 1, 2008 - June 30, 2011
Strategic Plan

Long Range Planning Committee Members

• Maureen D. Carman, Wyatt, Tarrant & Combs, Lexington, KY
• John T. Boyd, II, John T. Boyd Company, Canonsburg, PA
• Sharon J. Daniels, Energy & Mineral Law Foundation, Lexington, KY
• Timothy W. Dowdy, E.ON U.S. LLC, Louisville, KY
• Timothy W. Gresham, Penn, Stuart & Eskridge, Abingdon, VA
• Mark E. Heath, Spilman Thomas & Battle, PLLC, Charleston, WV
• Natalie N. Jefferis, Equitable Production Company, Charleston, WV
• Erin E. Magee, Jackson Kelly PLLC, Charleston, WV
• Thomas E. Meng, Stites & Harbison, PLLC, Lexington, KY
• Timothy M. Miller, Robinson & McElwee PLLC, Charleston, WV
• C. David Morrison, Steptoe & Johnson, PLLC, Clarksburg, WV
• Kirsten L. Nathanson, Crowell & Moring LLP, Washington, DC
• R. Cordell Pierce, Equitable Production Company, Charleston, WV
• R. Neal Pierce, Law Office of R. Neal Pierce, Powell, OH
• David G. Ries, Thorp Reed & Armstrong, LLP, Pittsburgh, PA
• Mary Sue Schulberg, Nisource Corporate Services Co.,
  Charleston, WV
• Julia K. Shreve, Jackson Kelly PLLC, Charleston, WV
• G. Brian Wells, Wyatt, Tarrant & Combs, LLP, Lexington, KY

Energy & Mineral Law Foundation (“EMLF” or “Foundation”)
2008-2011 Strategic Plan

The Foundation's Vision:

To serve as a nationally recognized provider of education and information on energy, mineral and natural resources law.

 The Foundation's Mission:

To foster the study of energy, mineral and natural resources law through quality, cost effective and timely education, and provide a continuing forum for industry, government, attorneys, legal scholars and the general public to engage in an intellectually honest examination of the legal issues involved in energy and natural resources development.

The Foundation's Objectives:

Objective I            To achieve continued excellence in energy, mineral and natural resources law scholarship and education through face-to-face interaction, educational programs, publications and electronic media.

Objective II            To expand the field of individuals and organizations who choose the Foundation as a primary source of education, dialogue and information related to energy, mineral and natural resources issues.

Objective III            To encourage the practice of energy, mineral and natural resources law and increase awareness of the role of the energy and mineral industries in an industrialized society.

Objective IV            To fulfill the Foundation's educational mission while maintaining the Foundation on sound financial footing.

Objective V            To promote high standards of integrity and professionalism, and encourage collegial relations among legal practitioners and professionals in the natural resources and energy sectors.

Assumptions:

• Increased demand and higher energy prices suggest that industry activity will remain stable or increase over the planning period;
• A competitive "consumers’" market for professional educational services will continue;
• The Foundation will continue as a preferred legal education provider in its niche area, based on high value per dollar expended;
• The Foundation will be able to remain in its present office location during the Strategic Plan period;
• Barring extraordinary costs, annual expenses (excluding staff compensation and benefits) will rise consistent with inflation; and,
• The annual operating budget can be supported primarily through membership dues and income from the Annual Institute, the Mineral Law Conference, and the Winter Workshops on Energy Law.

Strategic Issues:

Introduction

During the period covered by the first Strategic Plan (1999-2005), the key issue was stabilizing cash flow. The focus was on membership retention and moderate membership growth, combined with efforts to increase registration income and obtain sponsor support for the Annual Institute, the Mineral Law Conference held in Kentucky, and the Winter Workshops on Energy Law.  The objective of the 2005-2008 Strategic Plan was to move forward from the stability achieved through implementation of the prior strategic plan. Building upon progress since 1999, the objective of the 2005-2008 Strategic Plan was to continue membership participation and fulfill the Foundation’s mission of providing a forum for the honest examination of issues in energy, mineral and natural resources law.

Strengths

In addition to relative financial stability, the Foundation possesses a number of strengths on which to build success:

• Presentation of high quality programs at an attractive price;
•  Substantial experience with program development;
•  Substantial experience with significant self-published materials;
•  Positive name recognition as an educational provider;
•  Experienced professional and administrative staff capable of supporting the Foundation's mission;
•  Membership base which includes major producers of energy products and the attorneys, consultants and other professionals who serve the industry;
• Organizational support from Foundation members who volunteer to plan programs and speak on energy and mineral law issues; and,
• Positive recognition of the Annual Institute Proceedings as a valuable legal research tool.

Challenges and Weaknesses

The strengths of the Foundation exist in an environment marked by internal and external challenges, which operate as potential obstacles to the future success of the organization.

Recent experience reflects:

• Membership stability, subject to occasional changes in group or individual memberships;
• Revenue stability, with occasional fluctuation primarily attributable to investment performance; and,
• Decline in speaker submissions, reflecting a lack of speaker commitment to submit promised papers.
• Certain external factors pose substantial challenges to the ongoing success of the Foundation:
• Various regulatory responses to greenhouse gas (GHG) emissions and climate change positions; and,
• Continued competition from educational providers such as the American and state bar associations, industry organizations such as the AAPL, commercial seminar providers, and an increasing number of law firms who provide specialized programs for clients.

Emerging Strategic Issues:

The Foundation's future success is likely to be affected either positively or negatively by its response to emerging issues:

• Policy decisions impacting the regulation of energy and natural resources;
• Energy conservation, climate change and renewable energy initiatives;
• Recognition that the growth of the “clean energy” economy is driven not only by social and environmental pressures, but by new technologies, tax incentives and investment dollars all of which produce new practice areas for energy lawyers;
• Declining coal production in Central Appalachia with corresponding growth in western production and the Illinois Basin;
• Economic indicators of an inflationary and recessionary cycle during the plan period may impact program attendance, such as higher transportation costs which impact travel to EMLF educational programs;
• Trends by organizations with similar interests toward alliances or partnerships as a means of sharing resources or customer bases;
• Developments in electronic access to information which alter traditional concepts of publication and legal research tools; and,
• Availability of electronic and on-line professional education programs whose cost-effectiveness may impact attendance at traditional group settings for educational programs.

Foundation Goals and Strategies

Objective I:           To achieve continued excellence in energy, mineral and natural resources legal scholarship and education through face-to-face interaction, educational programs, publications and electronic media.

Goal 1:         Strengthen the Foundation's core programs, being the Annual Institute, the Mineral Law Conference held in Kentucky and the Winter Workshops on Energy Law.

Strategy 1           Recruit the highest quality speakers for each Foundation program, and when appropriate, invite knowledgeable speakers who are prominent business persons, academics or regulators.

Strategy 2           Address timely issues of high interest to members, individuals, and organizations who look to the Foundation for their natural resources and energy law education.

Strategy 3          Survey the members to solicit topics for programs.

Strategy 4          Invite new members to participate in program planning.

Strategy 5          Include presentations on both business and legal issues to facilitate a mutual understanding of all issues.         

Strategy 6          Present programs in locations that in and of themselves will attract attendees and provide flexible scheduling of educational sessions to optimize attendance.

Strategy 7           Provide opportunities for professional friendships to develop at social and/or recreational events, including specific events for new members.

Goal 2:  In addition to the Foundation's core programs, provide other high-quality, topical education opportunities.

Strategy 1          As warranted and financially justified, hold stand-alone special institutes or conference call programs on topics of high interest.

Strategy 2          Explore alternative methods of providing education, including audio and video conferences, Internet-based programs, and other emerging technologies.

Strategy 3          Explore strategic alliances with other organizations to present programs, workshops or public forums.

Strategy 4          Provide programs for the natural gas transmission and electric utility industries which are not otherwise available.

Strategy 5          Provide programs on clean energy issues, such as clean coal technology, renewable energy and alternative fuel sources.

Strategy 6          Explore sponsoring programs to provide basic legal instruction on natural resources and energy law issues.

Strategy 7          Encourage members to share recent reported or unreported court decisions for electronic access or distribution.

Strategy 8          Form a committee consisting of members new to the industry to provide periodic updates on developments in energy law.

Goal 3:        Make available high-quality secondary sources of natural resources, mineral and energy law scholarship for the benefit of the bar, the natural resources and energy industries, law schools, the judiciary, and government regulatory agencies.

Strategy 1          Require a publishable article on each topic presented at the Annual Institute, unless the format or subject matter of the presentation does not lend itself to scholarly writing.

Strategy 2          Encourage Special Institute and Workshop speakers to write a publishable article.

Strategy 3          Solicit publishable articles and explore the possibility of combining all articles within one publication. 

Goal 4:        Develop a strategy to encourage law schools to offer more energy-related courses.

 Strategy 1        Compile the energy-related courses being taught in member law schools.

Strategy 2        Utilize the Governing Member law school representatives on the Board of Trustees in developing the appropriate process to encourage law schools to offer more energy-related courses.

Objective II:          To expand the field of individuals and organizations who choose the Foundation as a primary source of education, dialogue and information related to energy, mineral and natural resources issues. 

Goal 1.        Change the perception that the Foundation's educational focus is limited to mineral law issues within the Appalachian Basin.

Strategy 1          Market the Foundation's services to constituencies in diverse geographic areas.

Strategy 2          Schedule programs in the Western United States where it is educationally appropriate and economically feasible.

Strategy 3          Work on increasing membership in the oil and gas sector of our industry.

Strategy 4          Work on increasing membership from the electric power sector with programs and/or topics for the following areas:

                      a.          Feedstock

                      b.          Transmission

                      c.          Distribution

Goal 2.        Identify non-participating individuals within existing Foundation member law firms and organizations whose work or practice areas relate to energy, mineral or natural resources.

Strategy 1          Use a membership committee, as needed, to identify persons who may be interested in Foundation membership and encourage the active Foundation members to foster their participation.

Strategy 2          Expand opportunities for member participation by including a volunteer form on the Foundation website.

Goal 3.        Continue providing information, education and training on natural resources, mineral and energy law issues to executives, non-legal professionals and professional staff.

Strategy 1          Explore strategic alliances with other organizations serving the energy sector in presenting programs, workshops or public forums.

Objective III:          To encourage the practice of energy, mineral and natural resources law and increase awareness of the role of the energy and mineral industries in an industrialized society.

Goal 1.        Generate interest among law students in the study of energy, mineral and natural resources law to assure that adequate numbers of lawyers are available to service the energy, mineral, and natural resources industries.

Strategy 1          Maintain the current level of scholarship funding so that not less than $20,000 shall be awarded annually.

Strategy 2           Generate additional scholarships by soliciting sponsors to fund a one-time or annual scholarship named after the donor, to be administered by the Foundation and the Scholarship Committee.

Strategy 3           Explore a law school project that would provide research assistance for the annual institute publication.

Strategy 4          Evaluate potential research projects, such as the scholarly treatment of legal issues related to carbon sequestration.

Strategy 5          Continue the Energy Careers Program whereby Foundation members provide information to law students at member law schools on energy, mineral and natural resources law.

Strategy 6          Use the Energy Careers Program and the Foundation’s scholarship program as marketing tools to develop new relationships with law students.

Strategy 7          Support the development of energy law student organizations at law schools.

Goal 2.        Increase the number of law school faculty who participate in the Foundation.

Strategy 1          Encourage the Governing Member law schools to actively participate in Foundation governance.

Strategy 2           Encourage individual law faculty members to attend programs, participate on Foundation committees, propose topics for programs, and speak at educational programs.

Strategy 3          Support the teaching of energy law classes at member law schools.

Strategy 4          Use the Energy Careers Program and the Foundation's scholarship program as marketing tools to develop new relationships with law schools and their faculty.

Strategy 5          Consider the creation of teaching and research grants to enhance law faculty participation.

Strategy 6          Maintain the Foundation's scholarship program for students at member law schools.

Goal 3:         Support organizations which deliver energy education programs to our youth, such as the National Energy Education Development (N.E.E.D.) program whose mission is to “promote an energy conscious and educated society.”

Goal 4:        Create opportunities for young lawyers and new members to expand their network of contacts in the mineral and energy bar.

Strategy 1          Designate a young lawyer to coordinate interest in social activities for young lawyers in cities with a large Foundation membership.

Strategy 2          When possible, schedule special functions for young lawyers, new members and first time attendees in conjunction with Foundation programs.

Strategy 3            Consider short courses on the basics of mineral and energy law.

Objective IV:        To fulfill the Foundation's educational mission while maintaining the Foundation on sound financial footing.

See Appendix A — 2008-2011 Strategic Financial Plan

Objective V:        To promote high standards of integrity and professionalism, and encourage collegial relations among legal practitioners and professionals in the natural resources, mineral and energy sectors.

Goal 1.        Foster among the membership ethical conduct as well as the concept of professionalism as developed by the Professionalism Committee of the ABA Section of Legal Education and Admissions to the Bar. ("A professional lawyer is an expert in law pursuing a learned art in service to clients and engaging in these pursuits as part of a common calling to promote justice and public good.")

Strategy 1         Continue to provide ethics and professionalism programming which meets requirements for professional and mandatory continuing legal education credits.

Strategy 2        Encourage speakers to integrate the concepts contained in the Code of Professional Responsibility in the issues they are addressing, and where appropriate, incorporate the aspects contained in the Landman’s Code of Ethics.

Goal 2.        Ensure that the Foundation's programs and other activities are conducive to the creation of collegial relationships among members and other practitioners and professionals in the natural resources, mineral and energy industries.

Strategy 1          Provide opportunities for social interaction among practitioners and professionals attending Foundation programs, by soliciting sponsors for social or recreational events.

Strategy 2          Provide members with opportunities to work together on Foundation projects and develop and implement methods to encourage participation in those activities.