Plan to come
to Historic Williamsburg
27th Annual Institute
May 21-23, 2006
Williamsburg Hospitality House
Williamsburg, Virginia

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Plan on extending your stay in Williamsburg, taking time to explore what Virginia’s historical triangle of Williamsburg, Jamestown and Yorktown has to offer. Known for cultural museums and historic sites, the area also features shopping, dining and golfing. To learn more, simply call the toll-free number, 800.368.6511, to request a free guide, or visit www.visitwilliamsburg.com. Photos compliments of the Williamsburg Area Convention & Visitors Bureau

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• Program schedule
• Accommodations
• Directions for Institute location
• Golf outing
• Registration
• Register online
• Cancellation policy
• Mandatory CLE and Professional Credit
• Download conference brochure (pdf)
• Download registration form (pdf)
• Download list of registrants

Program schedule

Sunday, May 21, 2006

Noon                    Golf Outing (shotgun start) 
Colonial Williamsburg Golden Horseshoe Golf Club – Gold Course

4:30-6:30 p.m.      EMLF Registration – Williamsburg Hospitality House

6:00-8:00 p.m.      Welcome Reception – Inner Courtyard
Williamsburg Hospitality House – Sponsored by Annual Institute Patrons

Monday, May 22, 2006

6:30 a.m.                EMLF Registration Desk Opens

7:00 a.m.                Board of Trustees Breakfast Meeting

8:30-9:00               Keynote Address

• The Honorable Jeffery Jarrett, Assistant Secretary for Fossil Energy, USDOE

9:00-9:30               The Endangered Species Act: Protecting Species at Risk, Risking Land Uses
The Endangered Species Act is often referred to as the "pit bull of environmental laws."  The Supreme Court has stated the ESA "admits of no exceptions" and has as its "intent . . . to halt and reverse the trend toward species extinction, whatever the cost."  This presentation identifies the reasons why the ESA remains the most stringent and controversial of environmental laws, discusses both the most persistent and the newest ESA issues of greatest significance to landowners and project proponents, and predicts if and how those issues will be resolved, obfuscated, or evaded in litigation, legislation, and regulation.

• Steven Quarles, Crowell & Moring LLP, Washington, DC

9:30-9:45                 Break           

9:45-10:15              Sarbanes Oxley – Parent Liability for Subsidiaries
What obligations does SOX impose upon parent corporations for oversight of safety and environmental compliance of subsidiaries? Can the parent be subject to tort actions? This session covers parent liability for subsidiary acts or omissions in light of Sarbanes-Oxley requirements for publicly-traded corporations, and discusses issues relating to management of an ensuing crisis when SOX compliance fails.

• Larry J. Rector, Steptoe & Johnson, PLLC, Charleston, WV

10:15-10:45            Stay Out of My Sandbox! — Preventing Third Parties from Interfering with Your Contracts
Can your existing or future leases, supply agreements, royalty contracts and other agreements be undermined by meddling third parties?  This presentation examines interference with contract claims, particularly in the context of the coal  and gas industries.  Issues addressed include:  What is an interference with contract claim?  How are such claims most likely to arise in the coal and gas industries?  When should a claim be legitimately considered to protect your existing orprospective contractual rights?  What can you do to protect your company from such claims?  What defenses are available to defeat the claims?

• Kevin K. Douglass, Babst, Calland, Clements and Zomnir, P.C., Pittsburgh, PA 

10:45-11:15           The New AAPL Form 610 JOA Coalbed Methane Checklist: Making the List and How to Check It Twice
In early 2004, the American Association of Professional Landmen (AAPL) formed a task force to determine if a new model form operating agreement should be drafted to address the unique aspects of coalbed methane (CBM), or if some other mechanism to modify the Form 610 operating agreement should be drafted to address this burgeoning area. The task force, comprised of landmen and lawyers with expertise in the various CBM basins of the United States and with input from numerous industry contacts, developed and drafted checklists to work in conjunction with both the 1982 and 1989 versions of the Form 610, which were approved by the AAPL’s governing Board of Directors in September, 2005. Mr. MacDonald, a member of the task force, addresses various issues the task force faced, outlines the salient provisions of the checklists, and gives practical advice on their use.  The checklists will be provided and also will be available through the AAPL’s website at www.landman.org.

• Fred MacDonald, Pruitt Gushee, Salt Lake City, UT 

11:15-11:30             Break

11:30-1:00               The New Mine Safety Legislation – Hasty Pudding?
Lawyers and safety professionals analyze the state and federal regulatory response to the loss of life in West Virginia and Kentucky mines, and the practical aspects of implementation. 

• Moderator:  Timothy M. Biddle, Crowell & Moring LLP, Washington, DC
• Robert H. Beatty, Jr., Dinsmore & Shohl LLP, Morgantown, WV
• Edward M. Green, Crowell & Moring LLP, Washington, DC
• David D. Lauriski, John T. Boyd Company, Denver, CO
• Steven P. McGowan, Steptoe & Johnson PLLC, Charleston, WV
• John M. Williams, Rajkovich, Williams, Kilpatrick & True, Lexington, KY 

1:00                            Afternoon open to enjoy Williamsburg

6:30-7:30                   Reception – Williamsburg Hospitality House followed by Dine-Around Williamsburg

Tuesday, May 23

7:00 a.m. - noon        Registration

8:00-8:40                Coal Law Update
The annual update of cases and regulations impacting the coal industry.

• Robert L. Burns, Jr., Buchanan Ingersoll, P.C., Pittsburgh, PA

8:40-9:20                 Section 110(c) Liability Under The Mine Act: A Fresh Look at Theories of Liability, Defenses and Representation Issues
With recent mine accidents bringing about increased scrutiny of the mining industry, Section 110(c) liability will continue to grow in importance. This topic for both corporate counsel and industry attorneys will address 1) theories of civil liability, 2) available defenses, including a new defense focusing on the ability of an agent to control a situation, and 3) issues of representation of targets of Section 110(c) investigations.

• Mark E. Heath, Spilman, Thomas & Battle, PLLC, Charleston, WV

9:20-9:35                 Break

9:35-10:15               Litigation Under the Clean Water Act
The federal Clean Water Act requires a permit to discharge any pollutant into “waters of the United States.”  The term “pollutant” includes both “dredged and fill material” as well as most other non-fill substances.  The Act establishes two general permitting systems:  § 404 permits for discharges of “dredged or fill material,” administered by the U.S. Army Corps of Engineers; and § 402 NPDES permits, which are issued for non-fill pollutants and administered by U.S. EPA and the states.  In addition to the permit programs, the Act mandates that “water quality standards” be established for waters within each State.  These standards consist of designated water “uses” and pollutant-specific “criteria” regulating the impact or concentrations of the pollutants. Both the § 402 and § 404 permit programs may be delegated to individual states, a fact which reduces the exposure of individual permit applicants to the National Environmental Policy Act.  Challenges to permits, both by the permittee and by third parties, can follow a bewildering path.  In addition, permit holders can be subject to enforcement action both by regulatory agencies and private citizens.  The presentation will explore just some of the pitfalls that the extractive industries face in obtaining and maintaining these permits.

• Robert G. McLusky, Jackson Kelly PLLC, Charleston, WV

10:15-10:55           Federal and State Required Water Replacement – If You Break It, You Buy It!
Under the common law, recovery for diminution or loss of water supplies by mineral extraction activities was curtailed, difficult to prove and, generally, limited to damages.  However, federal and state statutes regulating mineral extraction activities now require operators to replace those water supplies.  This presentation will review those statutes and the scope and limitations of “replacement.”

• Timothy W. Gresham, Penn Stuart & Eskridge, Abingdon, VA

10:55-11:35            Out with Section 29 and In with Section 45: Have Synfuel Tax Credits Really Been “Refined”?
Section 29 of the Internal Revenue Code has been redesignated as Section 45K, and we are likely in the final two years of credits for synthetic fuel from coal.  The presentation will explore transitional issues facing the synfuel industry and how the new credit for "refined coal" may or may not fill the gap.

• Daniel L. Kesten, Greenberg Traurig, LLP, New York, NY

8:00-8:40 a.m.        Compulsory Pooling and Unitization in the Eastern States
Professor Kramer will explore the historical antecedents of compulsory pooling and unitization as well as how the statutory and common law of the eastern states deal with such issues as unleased mineral owners in both pooling and unitization, the terms under which a compulsory pooling order will deal with the non-cooperative owners, the effective date of the pooled unit or unitized area, the participation formula used in compulsory unitization, the minimum number of consenting owners needed to issue a compulsory unitization order and the judicial review of such orders.

• Professor Bruce M. Kramer, Texas Tech University School of Law, Lubbock, TX

8:40-9:20                Legal Issues in Underground Gas Storage – What's Mine Is Mine, Right?
This presentation addresses some of the legal problems that arise in the subsurface storage of gas, including ownership of gas once it has been reinjected into a storage reservoir and determining, as between a mineral owner and a surface owner, who has the right to grant storage rights.

• Debra J. Villarreal, Thompson & Knight, Dallas, TX

9:20-9:35                Break

9:35-10:15              Oil and Gas Update
The annual update of cases and regulations impacting the oil and gas industry.

• R. Cordell Pierce, Wyatt, Tarrant & Combs, LLP, Lexington, KY        

10:15-10:55            Accounting for Trespassers, Lessees . . . and the Like
This session covers the obligation of a lessee to provide basic information to a lessor, such as mmbtus produced, sales prices and any deductions from royalty, so that an owner can property audit and confirm the accuracy of royalty paid.  It will also include the obligation of a lessee or trespasser to “account” for minerals taken in an innocent trespass situation or where divided ownership exists and minerals are developed with authorization from some, but not all owners.

• J. Thomas Lane, Bowles Rice McDavid Graff & Love, PLLC, Charleston, WV                       

10:55-11:35          The Future of Oil and Gas Drilling in the Appalachian Basin
Described by one geologist as the most overdrilled and underexplored” basin the U.S., the Appalachian Basin occupies more than 180,000 square miles stretching from New York to Tennessee – all of West Virginia, and parts of New York, Pennsylvania, Maryland, Kentucky, Virginia and Tennessee are part of this vast resource.  After more than a hundred years of production, how will the Appalachian Basin’s strategic location and still untapped regions impact the nation’s energy future?

• Hank DeWitt, Vice-President, Geosciences – Eastern Division, Chesapeake Energy Corporation, Oklahoma City, OK

2:00 - 4:00               Professional Ethics Session – Information Security for Lawyers – An Ethical Obligation
Attorneys are required to act competently to safeguard client information and confidentiality. Computers and networks, including those used by lawyers, face greater security threats than ever before from viruses and worms, Trojan horses, spyware and rootkits – many of which can compromise confidential information. David Ries will educate you on these threats, providing a live hacking demonstration, followed by a panel discussion of attorneys' ethical obligations in the context of information security, and current security best practices.

• David G. Ries, Thorp, Reed & Armstrong, LLP, Pittsburgh, PA
• Nancy M. Snyder, General Counsel, Penn Virginia Corporation, Radnor, PA
• Joseph J. Zaluski, Wyatt, Tarrant & Combs, LLP, Lexington, KY                     

4:05-5:00                 The Courtroom 21 Project
Courtroom 21 is an ongoing international demonstration and experimental effort which seeks to determine how technology can best improve all components of the legal system.  A joint project of William & Mary Law School and the National Center for State Courts, Courtroom 21 is the world center for courtroom and related technology information and experimentation, and received  a Foundation for Improvement of Justice Award for its efforts to improve the administration of justice through technology. The Director of this internationally recognized project will demonstrate the courtroom technology available and discuss its value to the judicial process.

• Professor Fredric Lederer, Chancellor Professor of Law and Director, Courtroom 21 Project, William & Mary Law School, Williamsburg, VA

5:00                              Adjourn 27th Annual Institute

Accommodations

The host hotel for the Annual Institute is the Williamsburg Hospitality House, 415 Richmond Road, Williamsburg, VA 23185-3536. The hotel is located within two blocks of Colonial Williamsburg and across the street from the College of William & Mary. Special EMLF rates of $139 Single and $149 Double plus taxes are available for reservations made through April 20. Call 800.932.9192 and identify yourself with the EMLF room block. After that date rooms will be confirmed on a space available basis at the prevailing rate. One night's deposit is required and will be refunded for cancellations received at least seventy-two (72) hours prior to scheduled arrival. If notification is not received by the deadline, there will be a charge of one night's room and tax. Check in is 3:00 p.m. and check-out time is 11:00 a.m.

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Directions to 27th Annual Institute

The Williamsburg Hospitality House is located two blocks from the historic area of Colonial Williamsburg and across the street from the College of William and Mary. Easily accessible by air using Norfolk, Richmond or Newport News/Williamsburg International Airports, Williamsburg is also served by Amtrak, which is two blocks from The Williamsburg Hospitality House. Here are directions from I-64.

• Interstate-64 (East or West)

• Take exit 238, follow signs toward Colonial Williamsburg
• Take a right at the 2nd traffic light onto Rt. 132
• Go straight through 2 traffic lights
• Make the next right onto Scotland St.
• Go 3 blocks to the traffic light. Hotel is on right.

Golf outing

Reservations have been made for 32 players at the Golden Horseshoe Golf Club in Colonial Williamsburg for a shotgun start at noon on Sunday, May 21.  Golf reservations must be paid in full to the EMLF by Monday, April 3 to guarantee play.   Due to Golf Club cancellation policies, no unpaid reservations will be held after April 3.  No refunds will be made after April 3, but every effort will be made to help find a substitute if you cannot participate as planned. For more information, go to www.goldenhorseshoe.com and browse through the information for the Gold Course.

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Registration

When registering multiple persons from the same firm or company, you may deduct $50 for the second registrant and each registrant thereafter.

Cancellation policy

Full refunds less a $75 administrative fee will be given for written registration cancellations received by April 14. No registration refunds will be made thereafter but substitutions may be made by calling the Foundation at 859.231.0271. Persons not entitled to any refund will receive a copy of the handbook and meeting materials. EMLF members who cancel their registrations after April 14 may apply their registration fee, less $75, to any future EMLF program. Please note the separate cancellation policy regarding the golf outing; the date for refunds for the golf outing is April 3.