EMLF Member News

EMLF Member News

Published Friday, April 4, 2014

Mine Safety and Health Law Special Institute
– April 22-23 in Washington, DC

Co-sponsored by the U.S. Department of Labor
and held at the USDOL Auditorium
200 Constitution Ave. NW, Washington, DC 20210


Don't miss this opportunity to hear safety lawyers from the private bar and the Solicitor's office discuss the big safety regulations facing the coal mining industry: MSHA's Pattern of Violations rule, criminal investigations, commission litigation, MSHA's authority to obtain medical and other documents in connection with "Part 50" audits,  and MSHA's accident response and control order authority.  A panel of Administrative Law Judges from the Federal Mine Safety and Health Review Commission will provide "Tips for Commission Practitioners" to close out the first day.  The keynote speaker on Tuesday will be Joseph A. Main, Assistant Secretary of Labor, USDOL, Washington, DC.

Day 2 opens with a panel discussion of  ventilation plan approval and litigation, and the implications of the Seventh Circuit decision in Mach Mining for ventilation and roof control.  The "Flagrant Violations" session discusses the nuances of a repeated violation or a reckless flagrant violation, and what evidence is needed to establish either violation.  The final morning session covers refuge alternatives, a relatively recent requirement under the Mine Act effective at the beginning of 2014.  

On Wednesday afternoon, the Federal Mine Safety and Health Review Commission will sit in special session at the USDOL auditorium to hear oral arguments in the cases of McCoy Elkhorn Coal Corp. and Jason Robinson v. Secretary of Labor, with Melanie Kilpatrick, Rajkovich, Williams, Kilpatrick & True, Lexington, KY, arguing for McCoy Elkhorn and Jason Robinson, and Cheryl C. Blair-Kijewski, USDOL, Office of the Solicitor, arguing for the Secretary.

If you have any safety issues in your mining operations, you should be at this program.  You will have the opportunity to meet and talk informally with 180 government attorneys and judges during the conference.  There is no fee for attorneys in the USDOL Solicitor's Office or the Federal Mine Safety and Health Review Commission to attend this program, to encourage the participation of the regulators and judges.  To register for this program before the early bird rate expires (April 10), go to http://www.emlf.org

We're pleased to announce that a reception will be held at the law offices of Crowell & Moring, 1001 Pennsylvania Avenue, NW, Washington from 6:00 – 7:30 p.m. on Tuesday, April 22.  We appreciate the generosity of Crowell & Moring and the following law firms in hosting this reception: Law Office of Adele L. Abrams, Dinsmore & Shohl, Hardy Pence, Jackson Kelly, Maynard, Cooper & Gale, Rajkovich, Williams, Kilpatrick & True, Spilman Thomas & Battle, and Steptoe & Johnson.

Law Student Scholarship Deadline – April 10
All law students attending EMLF member law schools are eligible to apply for $50,000 in scholarships for the 2014-2015 academic year.  All information including application form is available on the EMLF website.  And yes, we do require an official transcript, not a photocopy of your transcript.

Nominations for John L. McClaugherty Award – April 15 Deadline
The McClaugherty Award was established by the Foundation in 2003 to honor the memory of John 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.

The Award is to honor an EMLF Member who exemplifies high standards for accomplishment and commitment to the EMLF, the legal profession, and the natural resources industry.

Nominations should be sent to Sharon Daniels, Executive Director, via email to sharon@emlf.org by April 15, 2014.

Special Institute on Development Issues in Major Shale Plays – May 1–2, 2014
The EMLF is pleased to co-sponsor this program with the Rocky Mountain Mineral Law Foundation, just as it did in 2010 when the dramatic growth in shale development was taking off.  The program will again be in Pittsburgh at the Sheraton Station Square Hotel in Pittsburgh.  

You can register for the program via this link:  https://www.rmmlf.org/reg/REG_SP2.asp

35th Annual Institute
at The Greenbrier – June 1 - 3, 2014

And don't forget to register for the Foundation's 35th Annual Institute, held for the first time at the beautiful Greenbrier in White Sulphur Springs, WV.   Go to http://www.emlf.org for program brochure, online registration, and online hotel reservations.

You must be attending the Annual Institute to have a room in the EMLF room block, which will be released on April 17.