March 1, 2010

March 1, 2010

Published Wednesday, March 10, 2010

Mine Safety & Health Law Special Institute – March 23-24, 2010
The EMLF and US Department of Labor are co-sponsoring a two-day program on mine safety and health law at the USDOL Auditorium in Washington, DC.   The complete program brochure and online registration is available at www.emlf.org. Full attendance at the program provides 665 minutes of continuing legal education credit:  11 hours in 60-minute states and 13.3 hours in 50-minute states.

Topics include the Civil Penalty Case Backlog; Plan Approvals Under the Mine Act;  Reform of the MSHA Respirable Dust Program; MSHA Enforcement – Inspection Issues and Litigation Issues; Primer on Section 105c Complaints and Temporary Reinstatement.

Two special sessions provide an inside look at how the process works in Washington:  A panel of Administrative Law Judges (ALJs) of the Federal Mine Safety and Health Review Commission will give comments and practice lessons, and will answer questions from the audience. In the final session on Wednesday afternoon, the Review Commission, sitting in special session at the USDOL Auditorium, will hear oral arguments in Secretary of Labor v. Eastern Associated Coal Corp. The issue: whether the ALJ erred in finding that a violation of roof control requirements was not caused by the Operator’s “unwarrantable failure” to comply.

EMLF Annual Institute – May 9-11, 2010
For complete program brochure and registration information, go to the EMLF website.  Board of Trustees annual meeting and election of officers and trustees is Sunday, May 9 at 4:30 p.m.

John L. McClaugherty Award
Nominations are now open for the John L. McClaugherty Award, to be presented at the 31st Annual Institute to an outstanding member of the Energy & Mineral Law Foundation.  Nominees for the award should exemplify commitment to the educational mission of the EMLF, the legal profession, and the energy and mineral industry.  Letters of nomination and recommendation can be sent to Sharon Daniels, Executive Director by April 10, 2010.

The Award was established by the Foundation in 2003 to honor the memory of John L. McClaugherty, partner in the Charleston, WV law firm of Jackson Kelly PLLC, past president of the Energy & Mineral Law Foundation, friend, colleague, philanthropist, and mentor to many young attorneys.  Past recipients of the award are Sharon J. Daniels,  Edward M. Green, J. Thomas Lane, Thomas C. Means, R. Neal Pierce, Russell L. Schetroma, and Joseph J. Zaluski.

EMLF Law Student Scholarship Program
The EMLF is offering a total of  $31,000 in scholarship awards to law students attending EMLF member law schools.  Go to www.emlf.org  to download the application form and all information about the scholarship program. Please send this newsletter to a worthy student who might be eligible.  Special scholarships to be awarded this year are the $1000 Mary Sue Schulberg Scholarship, the $1000 Paul N. Bowles Scholarship, the $1000 James H. Davis Scholarship, the $5000 Jan and Chester Keeton Scholarship, and the $5000 Presidents’ Scholarship.

EMLF Update – Prepared by Crowell & Moring LLP
Now Online at www.emlf.org

  • Clean Air Act: EPA Finalizes New Primary Short-Term NAAQS for Nitrogen Dioxide (NO2)
  • ConocoPhillips to Pay $175,000 to Settle Clean Air Act Violations
  • Coal Ash: TVA Moves to Dismiss Inverse Condemnation Claim of Plaintiff in Coal Ash Spill Case; EPA's Proposed Coal Ash Regulations Not Expected Until April
  • Mine Safety: Commission Remands Case for Further Findings on Unwarrantability; MSHA Seeking Information on Proximity Detection Systems
  • Consent Decrees for South Dakota Superfund Mining Site Approved by Federal Court
  • Coal Company Asks Court to Vacate Arbitration Award Over Coal Supply Contract
  • Southern California Environmental Groups Sue BLM and FWS Over Land Management and Power Line Approval
  • Federal Court Denies Relief in 404 Permit Case