April 10-11, 2018
Omni WIlliam Penn Hotel, Pittsburgh, PA
Tuesday, April 10, 2018
7:00 - 8:15 a.m. Registration and Continental Breakfast
8:15 – 8:30 a.m. Welcome and Introductions
8:30 – 9:00 a.m. Shell Chemicals Appalachia Cracker Project
- Donald Glass, Managing Counsel, Shell Chemicals Americas, Houston, TX
9:00 – 10:30 a.m. Petrochemical Development in Appalachia
Economic development speakers from Ohio, Pennsylvania, and West Virginia will comment on experiences relative to shale hydrocarbons and downstream development and activities taking place in the region. It’s not just the Gulf Coast anymore!
- Moderator: Marc A. Halbritter, Senior VP, Business Development, BlueRacer Midstream, Dallas, TX
- Ohio: Matt Cybulski, Sector Director, JobsOhio, Columbus, OH
- Pennsylvania: Kathryn Z. Klaber, CEO, The Klaber Group, Sewickley, PA
- West Virginia: J. Robert Alsop, Vice President for Strategic Initiatives, West Virginia University, Morgantown, WV
10:30 – 10:45 a.m. Break
10:45 – 11:15 a.m. The Law of Engineering Malpractice in Construction Projects
When is an engineer liable for costs and other damages? This session covers legal theories of recovery; the role engineering ethics play in assessing civil liability; the measure of damages and “betterment”; and methods for minimizing engineering liability.
- Allen L. Rutz, Vorys Sater Seymour and Pease LLP, Columbus, OH
11:15 a.m – Noon Potential Economic Impacts of a Petrochemical and Plastics Manufacturing Industry in Appalachia
The development of unconventional oil and gas in the U.S. has dramatically shifted the competitive landscape for chemical and plastics manufacturing. As a result, the chemical industry has seen a wave of unprecedented investment in new capacity, including in Appalachia. Ms. Moore presents the ﬁndings of an American Chemistry Council analysis of the potential economic impacts of a petrochemical and plastics manufacturing industry in Appalachia. The analysis looks at the resource available from the Marcellus and Utica shales and builds a hypothetical model (including several actual projects) of how that resource could support a robust expansion of chemical and plastics manufacturing in the region.
- Martha Gilchrist Moore, Senior Director, Policy Analysis and Economics, American Chemistry Council, Washington, DC
Noon – 1:30 p.m. Hosted luncheon
- Video welcome from Senator Joe Manchin, D-WV
1:30 – 2:30 p.m. Natural Gas Liquids Storage Panel
Panel discussion of the abundant Natural Gas Liquids (NGLs) in Appalachia and the opportunities these present.
- Moderator: Kathy G. Beckett, Steptoe & Johnson PLLC, Charleston, WV
- Steven B. Hedrick, President & CEO, Mid-Atlantic Technology, Research & Innovation Center (MATRIC), South Charleston, WV
- Brian J. Anderson, Director, WVU Energy Institute, West Virginia University, Morgantown, WV
2:30 – 3:15 p.m. Hydrocarbon Liquids Storage in Subsurface Reservoirs
This session covers the challenges of identifying and acquiring rights sufﬁcient to use subsurface geologic strata for the storage of oil and gas production liquids on a large scale sufﬁcient to promote petrochemical production in the Appalachian Region.
- William M. Herlihy, Spilman Thomas & Battle, PLLC, Charleston, WV
3:15 – 3:30 p.m. Break
3:30 – 4:00 p.m. Legal Challenges to Natural Gas Pipeline Infrastructure
Adequate pipeline take-away is critical to continued development in the Appalachian Basin. The battle to limit oil and gas development has moved away from the wellhead and is now directly centered upon challenges to pipelines and pipeline infrastructure. This session reviews challenges to major interstate pipeline projects at the FERC using Sections 401 and 404 of the Clean Water Act, along with the use of climate change as arguments against pipeline development.
- Armando F. Benincasa, Steptoe & Johnson PLLC, Charleston, WV
- Kurt L. Krieger, Steptoe & Johnson PLLC, Charleston, WV
4:00 – 5:15 p.m. Forecasting Petrochemical Industry Legal Issues
What important legal issues are facing the petrochemical industry? And what will the industry need from the lawyers in the Appalachian region?
- Moderator: Kelley M. Goes, Jackson Kelly PLLC, Charleston, WV
- Donald Glass, Managing Counsel, Shell Chemicals Americas, Houston, TX
- Richard Moskowitz, General Counsel, American Fuel & Petrochemical Manufacturers, Washington, DC
- Sara K. Orr, Counsel, Latham & Watkins, LLP, Chicago, IL
5:15 – 7:00 p.m. Hosted Reception
Wednesday, April 11, 2018
7:00 - 8:00 a.m. Continental Breakfast
8:00 – 9:00 a.m. Environmental Permitting and Issues for the Petrochemical Industry
Petrochemical facilities — especially ethane crackers — have been proposed or are being built in Pennsylvania, West Virginia and Ohio. This panel will address recent changes in federal and state environmental laws that could affect the air, water and waste permits and operations for these petrochemical facilities to operate in each of these states.
- Frank L. Merrill, Brickler & Eckler, LLP, Columbus, OH
- Joseph K. Reinhart, Babst Calland, Pittsburgh, PA
- David L. Yaussy, Spilman Thomas & Battle, PLLC, Charleston, WV
9:00 – 9:45 a.m. The New Toxic Substances Control Act
The Toxic Substances Control Act (TSCA) was signiﬁcantly overhauled in 2016 with the passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. New features of the law are an “Inventory re-set” provision, signiﬁcantly expanded requirements for EPA to review and approve new chemicals before they can enter into commerce, and the ﬁrst-ever requirement for EPA to conduct a systematic risk review of all existing chemical substances that are active in commerce. The law also provides EPA with expanded authority to require testing by manufacturers and processors of chemical substances, and it contains new provisions governing the protection of conﬁdential business information and the preemption of state chemical laws and regulations. This presentation summarizes key changes that have been made to TSCA and surveys EPA’s progress to date in implementing those statutory changes.
- Warren Lehrenbaum, Crowell & Moring LLP, Washington, DC
- Amy Symonds, Crowell & Moring LLP, Washington, DC
9:45 – 10:00 a.m. Break
10:00 – 11:00 a.m. OSHA’s Process Safety Management (PSM) Standard
This session covers the limits and scope of the PSM Standard, including the retail and other exceptions, and the latest developments in PSM, such as the Scope of Recognized and Generally Accepted Good Engineering Practices (RAGAGEP). This legal session will discuss employers’ obligations under the PSM standard, recent case law, including Agricultural Retailers Association that vacated an interpretation of the PSM standard, and what implications this case will have for OSHA standard interpretations.
- Nelva J. Smith, Steptoe & Johnson PLLC, Columbus, OH
- William J. Wahoff, Steptoe & Johnson PLLC, Columbus, OH
11:00 a.m. – Noon “IT” Happened! What Do You Do? (Ethics)
Internal investigations and ethics in petrochemical emergencies. What is privileged in an investigation? This session covers the ethical constraints imposed upon attorneys involved in investigations and best practices for conducting investigations.
- Richard A. Schwartz, Vorys Sater Seymour and Pease LLP, Houston, TX
Noon – 1:00 p.m. Workforce Development Related to Petrochemical Industry Growth
Panel discussion covering the legal and logistical issues of stafﬁng capital projects like fractionation plants and pipelines.
- Moderator: David J. Laurent, Buchanan Ingersoll & Rooney, PC, Pittsburgh, PA
- James V. Denova, Vice President, Claude Worthington Benedum Foundation, Pittsburgh, PA
- Linda Topoleski, Vice President, Workforce Operations & Programs, Allegheny Conference on Community Development, Pittsburgh, PA
- Sarah Armstrong Tucker, Chancellor, WV Community and Technical Colleges, Charleston, WV
1:00 p.m. Adjourn
Accommodations for the conference are at the Omni William Penn Hotel, 530 William Penn Place, Pittsburgh, PA 15219. The room rate is $145 for a deluxe room plus tax for reservations made through March 19 or sell out.
Call 888.444.6664 (toll free) or 412.281.7100 and ask for the EMLF Group rate. Check-in time is 3 p.m. and check-out time is noon. Cancellations must be made 72 hours prior to arrival. Failure to cancel a guaranteed reservation prior to 72 hours to arrival will result in a no-show charge. Or go to the online registration.
History deﬁnes elegance in this classic, downtown Pittsburgh hotel. Since opening the doors in 1916, Omni William Penn Hotel has played a starring role in the city of Pittsburgh, hosting movie stars, politicians, heads of state and leaders of business and industry. Designed by renowned architects Benno Janssen, and Franklin Abbott, the hotel was the last building venture of Henry Clay Frick, one of Pittsburgh’s wealthiest industrialists, and completed at a cost of $6 million. Frick envisioned the William Penn as Pittsburgh’s showplace, designed to rival the great hotels of Europe in Old World style and enhanced with the sophisticated technology offered by the 20th century.
A multi-million dollar renovation enhanced the beauty of this luxury hotel to ensure that generations to come will enjoy the outstanding service, guest room accommodations and award-winning cuisine
Omni William Penn Hotel is just 18 miles from Pittsburgh International Airport and 11 miles from Allegheny County Airport.
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Download the registration form (PDF)
The full conference registration includes all program materials in electronic format online, continental breakfasts, refreshment breaks, lunch and hosted reception on Tuesday.
Tuition waivers available to students attending EMLF member law schools
| Registration Fee
Through March 23
After March 23
|General Registration Fee
|Government and Young Lawyers (3 years or less)
|Law Students and Retirees
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Mandatory CLE and Professional Credit
This course consists of approximately 11 hours (660 minutes) of continuing education, including 1 hour of ethics. Approved credit hours for states will vary and are subject to each state’s approval and rules. Foundation conferences are typically accredited by mandatory CLE states and AAPL. Additional fees may be required for certain states. Complete information for reporting your credits will be available at the conference.
Registration refunds less $75 will be made for cancellations received by March 30. No registration refunds will be made thereafter, but substitutions can be made by calling the Foundation at 859.231.0271. Persons not entitled to any refund will receive meeting materials. EMLF members who cancel their registrations after March 30 receive materials and a $100 credit toward a future program.
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