October 26, 2010

October 26, 2010

Joint Program on Major Shale Plays – December 6-7
The Rocky Mountain and the Energy & Mineral Law Foundations are co-sponsoring a two-day national conference in Pittsburgh on Development Issues in the Major Shale Plays. You can register online or download a complete program brochure from the Rocky Mountain website by clicking http://www.rmmlf.org. We currently have more than 200 people registered.

More than 20 speakers will explore the legal and technical challenges facing the oil and gas industry in the development of major shale plays throughout the country, with an emphasis on the Marcellus Shale Play.

With AAPL as a supporting organization, and the Rocky Mountain and Energy & Mineral Law Foundations as co-sponsors, many individuals in the industry can take advantage of member registration fees for this conference. We hope to see you in Pittsburgh for this excellent educational and networking opportunity.

October 29 Deadline for Annual Institute Topic Submissions
The EMLF’s 32nd Annual Institute will be May 15-17, 2011 at Nemacolin Woodlands Resort and Spa near Farmington, PA. The Program Chair for the Annual Institute is Frank Harrington, Alpha Natural Resources, Coal Chair is Dan Wolff, Crowell & Moring LLP, and Oil and Gas Chair is Nicolle Bagnell, Reed Smith LLP.

The EMLF Executive Committee and Program Chairs will meet November 4 to review and select topics for presentations and papers. Speakers at the annual institute must also write a law review quality chapter for publication in volume 32 of the Energy & Mineral Law Institute. Topics and brief description or outline should be submitted to sharon@emlf.org for presentations covering any area of energy development, oil & gas, coal, mining, power generation, environmental, landmen, or water-related resources law.

October Energy Careers Programs Draw Over 150 Students
The EMLF “Energy Careers” project to encourage law students to consider a future energy law practice is attracting more and more attendees, with October programs at Appalachian School of Law, Duquesne Law School, Pittsburgh School of Law and Washington & Lee University.

EMLF members visit EMLF member law schools and talk with students about their own career path after law school, what their daily work routine is like, and answer student questions.

Many thanks for these EMLF speakers during October: Appalachian School of Law, Professor Buzz Belleville, ASL, Grundy, VA; Ben Hadary, Alpha Natural Resources, Abingdon, VA; Judge Elizabeth McClanahan, Virginia Court of Appeals; and Sharon Pigeon, VA Department of Mines & Minerals, Big Stone Gap, VA. At the University of Pittsburgh School of Law, the following Pittsburgh lawyers spoke: Donald Bluedorn, Babst Calland Clements & Zomnir; John Boyd II, John T. Boyd Company; Natalie Jefferis, EQT Corp.; and David Laurent, Buchanan Ingersoll & Rooney.

At Duquesne Law School, Pittsburgh lawyers Kevin Douglass, Babst Calland Clements & Zomnir; Natalie Jefferis, EQT Corp.; and David Laurent, Buchanan Ingersoll & Rooney spoke, along with Visiting Professor Gina Warren from Duquesne. At Washington & Lee, Professor Al Carr at W&L, Mary Beth Naumann, Jackson Kelly (Lexington, KY); Greg Ossi, Venable (Vienna, VA); and Joel Symonds, EQT Corp., (Charleston, WV) were speakers. The Washington & Lee program was also recorded for in-house student viewing. Many thanks to our volunteers.

On November 3 at noon, EMLF members will speak at West Virginia University College of Law, with panelists Tom Allen, Dominion (Clarksburg, WV); Blair Gardner, Jackson Kelly (Charleston, WV); Carol Marunich, Dinsmore & Shohl (Morgantown, WV); and Ben Sullivan, EQT Corp., (Charleston, WV).

Writing Opportunity for Law Students
JURIST invites EMLF student members to contribute an article to Dateline, JURIST’s student commentary service. JURIST is the ABA and Webby award-winning legal news and research service hosted at the University of Pittsburgh School of Law.

Dateline contributors see their work reach JURIST’s 50,000+ weekly readers from over 160 countries. Articles emphasize students’ experiences in areas of national or international importance, such as energy and mineral law, and are between 1000-1200 words. If you’re interested in this opportunity, contact Senior Editor Joseph Schaeffer at juristdateline@gmail.com. Past articles can be found at jurist.org/dateline.

After attending the EMLF’s 2010 Coal Law Short Course at WVU, Joseph Schaeffer wrote “Appalachia: Coal Law and Property Rights” published in the JURIST.

New EMLF Members
EMLF welcomes the Pittsburgh law firm of Tucker Arensberg, 1500 One PPG Place, Pittsburgh, PA 15222, as a new Supporting Member, with attorneys Bruce F. Rudoy and Eric M. Schumann, plus marketing assistant Valerie Levanduski.

Alex Shain, Core Minerals Operating Co., Inc., 25 NY Riverside Drive, Suite 300, Evansville, IN 47708 has joined the Foundation as an individual member. Three law students also joined the Foundation in October: Katherine Lloyd Johnson, Appalachian School of Law; Adam Morgan, Duquesne University; and James Mazzocco, University of Pittsburgh School of Law.

Kentucky Mineral Law Conference Draws 275 Attendees
Attorneys and landmen from 15 states (Florida, Illinois, Indiana, Kentucky, Missouri, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, Virginia, West Virginia) and Washington, DC gathered in Lexington October 13-15 for the annual program covering energy and mineral law issues. Over a dozen law students from the University of Kentucky College of Law and the Appalachian School of Law also attended.

The 2011 Kentucky Mineral Law Conference is scheduled for October 12-14 in Lexington.

Katapult MarketingOctober 26, 2010
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October 2, 2010

EMLF Volunteers Visit Law Schools
“Careers in Energy Law” programs at EMLF member law schools are in full swing in October, providing law students with a look at the variety of practice areas for the energy lawyer.

Established to encourage more students to enter this field of law, the Foundation works with Career Services at various law schools, providing a panel of EMLF lawyers to talk about their work and give students an opportunity to ask questions about career choices. This is the fifth year of providing Energy Careers programs at EMLF member law schools, and we’re starting to see the results.

Here’s a look at the fall schedule:

October 6 – Appalachian School of Law, Grundy, VA – 2:30 p.m.
Moderator, Sharon Daniels, EMLF; Speakers: Professor Buzz Belleville, ASL; The Honorable Elizabeth A. McClanahan, Court of Appeals of Virginia; Sharon Pigeon, Office of Attorney General, VA Department of Mines & Minerals, Big Stone Gap, VA; and Benjamin G. Hadary, VP and Deputy General Counsel, Alpha Natural Resources, Abingdon, VA

October 18 – Washington & Lee University School of Law, Lexington, VA – Noon
Moderator, Sharon Daniels, EMLF; Speakers:  Professor Albert V. Carr, Washington & Lee; Mary Beth Naumann, Jackson Kelly PLLC, Lexington, KY (W&L alum); Gregory J. Ossi, Venable LLP, Vienna, VA (W&L alum); Joel E. Symonds, EQT Corporation, Charleston, WV

October 21 – University of Pittsburgh School of Law, Pittsburgh, PA – 1:00 p.m.
Moderator,  Natalie N. Jefferis, EQT Corporation, Pittsburgh, PA; Speakers: John T. Boyd II, President & CEO, John T. Boyd Co., Canonsburg, PA; Craig L. Mayer, General Counsel,  Penn General Energy, Warren, PA; and Donald C. Bluedorn, II,  Babst, Calland, Clements & Zomnir, Pittsburgh, PA

October 21 – Duquesne University Law School – 5:00 p.m.
Moderator:  Natalie N. Jefferis, EQT Corporation, Pittsburgh, PA; Speakers:  Kevin K.  Douglass, Babst, Calland, Clements & Zomnir, P.C., Pittsburgh, PA;  David J. Laurent, Buchanan Ingersoll & Rooney PC, Pittsburgh, PA; Craig L. Mayer, General Counsel, Penn General Energy, Warren, PA; and Professor Gina Warren, Duquesne University Law School

November 3 – West Virginia University College of Law – Noon
Moderator:  Sharon J. Daniels, EMLF; Speakers:  Thomas J. Allen, Dominion Resource Services, Inc., Clarksburg, WV; Blair M. Gardner, Jackson Kelly PLLC, Charleston, WV;  Benjamin M. Sullivan, EQT Corporation, Charleston, WV; and Carol Ann Marunich, Dinsmore & Shohl LLP, Morgantown, WV

EMLF Welcomes New Members
The energy law firm of Burleson Cooke L.L.P, Houston Pennzoil Place, 711 Louisiana Street, Suite 1701, Houston, TX 77002,  has recently joined the EMLF as a Sustaining Member, adding the following attorneys to the EMLF member roster:  Robert S. Ballentine, Randy Burton, Gary V. Johnson, and Richard L. Burleson, Houston, and Dr. Claude E. Cooke, Conroe, TX.  Burleson Cooke has recently expanded to the Pittsburgh area, opening an office at Southpointe Center, 501 Corporate Drive, Suite 210, Canonsburg, PA 15317, with attorneys Kevin L. Colosimo, Keith A. Zabela, and Michael K. Vennum.

John J. Hedges, Land Agent with Oxford Resource Partners, Central City, KY, and to Stephen Zamansky, Senior Vice President & General Counsel, Essar Minerals, Inc., Scott Depot, WV, who have joined the Foundation as individual members.  The University of Houston Law Center is the EMLF’s newest member law school.

Kentucky Mineral Law Conference
Registration reaches 260 for the 35th Annual Kentucky Mineral Law Conference, October 13-15 at the Marriott Griffin Gate Resort, Lexington, KY.

Solicitation for Topics – EMLF Annual Institute – May 15-17, 2011
Please send your suggestions for topics and speakers to sharon@emlf.org for  the EMLF Annual Institute at Nemacolin Woodlands Resort and Spa in Farmington, PA. A brief description of any topic related to oil and gas, coal, environment, energy, labor, real property, power generation, land, mineral titles, mine safety, etc. should be sent no later than October 29 for consideration as an annual institute topic.

Speakers at the Annual Institute are required to complete a publishable chapter for the Energy & Mineral Law Institute publication, which is due at the time of the Annual Institute.  Program Chair for the Annual Institute is Frank B. Harrington, Alpha Natural Resources, Inc., Abingdon, VA; Nicolle S. Bagnell, Reed Smith LLP, Pittsburgh, is Oil and Gas Chair; and Daniel W. Wolff, Crowell & Moring LLP, Washington, DC, is the Coal Chair.

Katapult MarketingOctober 2, 2010
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August 26, 2010

Back to school is a little easier for 12 students at EMLF Member Law Schools who received a total of $32,000 in scholarships for the 2010-2011 academic year:

American University, Winfield Wilson; Appalachian School of Law, William Estes; University of Oklahoma, Stephen Gary and Aaron Meek; Penn State’s Dickinson School of Law, Robert Jochen; University of Pittsburgh, Meredith Odato and Nikolina Smith; Southern Methodist University, John Davis, Jonathan McCartney, Richard Kamprath, and Betty Lam; and Tulane University, Alayne Gobeille.

Students submit application forms, transcripts, letters of recommendation and references, along with their personal statement describing how they became interested in energy law, and how they hope to contribute as lawyers. Scholarships are funded from EMLF membership dues, named memorial scholarships, and private contributions. The EMLF is pleased to provide financial assistance to these outstanding EMLF Scholars. We hope you will enjoy knowing a bit more about them:

Aaron Meek at Oklahoma recalls his dad as a geologist for ExxonMobil, and remembers helping him color different formations “on huge sheets of seismic on our kitchen floor.”

Jonathon McCartney at SMU says his interest was not sparked by happenstance – both great-grandfathers worked in the oil fields as roughneck and oil lease pumper, his grandfather at a natural gas processing plant, his mother as a reservoir engineer and later an attorney with the Oklahoma Corporation Commission, and his father a professional company landman.

Working at Penn State’s Agricultural Law Center provided Robert Jochen with opportunities related to Pennsylvania’s Marcellus shale development – including writing some fifteen articles on the topic, and talking with state and federal regulators on natural gas policy. Robert was awarded the $5000 Jan and Chester Keeton scholarship, and just completed a summer internship with Chesapeake Energy in Oklahoma City.

Diverse backgrounds and extra-curricular activities emerge among the scholarship recipients: Alayne Gobeille at Tulane ended up in law school after working as an environmental scientist whose research project was to study the effects of agricultural management practices on soil fertility on Tequila plantations in Mexico, then working for Con Ed in New York, helping monitor a population exposed to World Trade Center disaster conditions. Alayne’s short-term goal is to practice environmental plaintiffs’ law in New Orleans – where she is also a performing artist with the New Orleans area circus arts groups. Her long-term goal? Returning to law school “to teach a new generation of attorneys what I have learned.”

Betty Lam is a student of Professor John Lowe at SMU’s Dedman School of Law, and received the Mary Sue Schulberg Scholarship. Explaining her interest in real property and natural resources law, Betty wrote “the right of ownership over land has created wealth, war, uncertainty, risk, and adventure.” Describing herself as an immigrant to America who had lived on the streets of Saigon and in refugee camps in Thailand, “owning land has always been the epitome of my American dream.” Betty’s husband, Brandon, is a prosecutor in the U.S. Army JAG Corps, stationed at Fort Hood, TX.

The $5000 EMLF Presidents’ Scholarship, established to honor the service by the Foundation’s presidents, was awarded for the first time this year to University of Pittsburgh student Meredith Odato. Meredith is finishing a summer’s work as an associate at EMLF member Babst, Calland, Clements & Zomnir, P.C., in Pittsburgh. During the academic year Meredith will be participating in an externship to earn academic credits towards an Environmental Law, Science & Policy Certificate, and plans to work for the PA DEP or the Army Corps of Engineers. In acknowledging the scholarship, Meredith wrote “I sincerely appreciate EMLF’s efforts to encourage and support students who wish to practice in the area of energy and mineral law. Thank you for making such a generous contribution to my legal education, and a significant impression on my overall legal career. I look forward to becoming an active EMLF member in the near future.”

It’s nice to envision these students as future members of the bar, working to solve the many legal issues related to natural resources and energy development. As you learn more about these students, you can understand why the EMLF Scholarship Committee members are willing to dedicate so much of their time to this program. Many thanks to Professor Bob Beck (Southern Illinois University), Professor Buzz Belleville (Appalachian School of Law), Dick Emens (Emens & Wolper), Professor Joe Dellapenna (Villanova), Melanie Kilpatrick (Rajkovich Williams Kilpatrick & True), Tim Means (Crowell & Moring), Joe Reinhart (Babst Calland Clements & Zomnir), and Professor Ernest Smith (Texas) for volunteering their time on the Scholarship Committee.

Careers in Energy Law Programs
at EMLF Member Law Schools

Are you interested in volunteering some time to talk to students about your legal career? We’ll be scheduling visits to EMLF member law schools over the academic year, in our continuing goal to interest students in pursuing a career in energy and mineral law.

We usually have a 50-minute daytime program with three attorneys talking about their practice and how it developed, then answering any student questions. Programs have customarily been held at West Virginia University, Washington & Lee, University of Kentucky, American University, University of Pittsburgh, and Duquesne University. If you would like to volunteer, contact Sharon Daniels.

Aaron Meek Alayne Gobeille

Betty Lam and Husband Brandon

Meredith Odato

Katapult MarketingAugust 26, 2010
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July 9, 2010


Early Bird Registration Discounts End Today
on Courses at West Virginia University College of Law

EMLF Climate Change Program, August 2-4, 2010
Whether your clients confirm or deny that climate change is occurring as a result of man-made activities, they will still be impacted by regulatory actions and legislation that is sure to come. And they will have questions for their lawyers.

Will your client’s operations be affected by state initiatives and regional greenhouse gas (GHG) reduction programs? What about EPA’s greenhouse gas reporting requirements? Can someone in your law firm explain carbon credits and the use of offsets for GHG reduction if a cap and trade program is put in place? Why would international treaties affect coal mining in Appalachia? What’s the SEC looking for in climate change disclosures? Can your client become the target of tort litigation? Do you understand the theories, the rules of evidence, the burden of proof, and “Daubert” analyses being used in climate change cases? What about property rights and ownership issues related to

These are just some of the questions being discussed at the EMLF Climate Change program. We hope you will want to hear the answers. Early Bird registration discounts end on July 9.

Katapult MarketingJuly 9, 2010
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July 1, 2010

Early Bird Registration Rates Extended
Due to the 4th of July holiday weekend, the EMLF will extend the early bird registration rate one additional week through Friday, July 9, for the Climate Change Course, August 2-4, and the Coal Law Short Course, August 1-4 at the West Virginia University College of Law.  To register online for these programs or to download the brochure or registration forms, go to www.emlf.org.

Included in the Coal Law Short Course is a mid-day field trip to the WVU Department of Mining Extension’s state-of-the-art simulated underground coal mine.  Dedicated in October 2009 with mining equipment and rescue chamber donated by area coal companies (CONSOL, Alpha Natural Resources, Patriot Coal, Murray Energy, HSC Industrial, and Joy Continental), the simulated underground coal mine facility  is used for specialized training for new miners and mine rescue teams, with the capability to provide live fire training. 

Waterfront Hotel Room Block Extended
The Waterfront Place Hotel in Morgantown has agreed to hold the EMLF room block at the $109 rate for the Climate Change Course and the Coal Law Short Course through Saturday, July 17.  To make reservations, call 304.296.1700 and mention the EMLF room block. 

New Member Welcome
The EMLF is pleased to welcome the Brazilian law firm of William Freire Advogados Associados as a new Supporting Member, at the following address:
William Freire Advogados Associados
Rua Paraíba, 476, 4º andar.
Savassi, Belo Horizonte. MG
30130-140. Brazil

Primary contact: Tiago de Mattos
E-mail: tiago@williamfreire.com.br

Katapult MarketingJuly 1, 2010
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June 25, 2010

EMLF Short Courses at WVU College of Law

Hotel Cutoff Date is July 3, 2010
Call the Waterfront Hotel at 304.296.1700 and mention the EMLF room block for $109 rate.

Save $100 by registering for the Coal Law Short Course or the Climate Change Course through Friday, July 2.

Coal Law Short Course, August 1-4 at the West Virginia University College of Law, provides extensive course materials and approximately 22 hours of Continuing Legal Education, including a field trip to the WVU Department of Mining Extension’s state-of-the-art simulated underground coal mine.  Dedicated in October 2009 with mining equipment and rescue chamber donated by area coal companies, the simulated underground coal mine facility near Core, WV, is used for specialized training for new miners and mine rescue teams, with the capability to provide live fire training, which attendees will observe.

Comments about the Coal Law Short Course:

• “Printed materials were worth the price of admission”
• “One of the best conferences I’ve been to”
• “Materials themselves are worth coming for”
• “Suggest sending a copy of the materials to law school libraries in the region.”

The Coal Law Short Course will not be repeated until 2012.

A concurrent course on Climate Change runs August 2-4 at the WVU College of Law, with approximately 18 hours of CLE, covering the science of CO2 capture and geologic storage, pore space ownership, carbon offsets, implications for agriculture, carbon credits and avoided deforestation, options for reducing GHG emissions, state and regional GHG programs, voluntary markets, climate change tort litigation, evidentiary considerations related to climate change litigation, greenhouse gas reporting, SEC reporting guidelines related to climate change risk,  plus legal issues related to development of wind projects, biomass projects, and nuclear power.

Both courses will be conducted in classrooms at the WVU College of Law.  Registration fees include all meeting materials, daily refreshment breaks and box lunches, and evening receptions and dinner at the Waterfront Place Hotel, 2 Waterfront Place, Morgantown, WV.  There are direct flights to Morgantown from Washington, DC, or fly to Pittsburgh and drive approximately 70 miles South on I-79 to Morgantown.

Please share this email with colleagues or clients who may be interested in attending one of the courses at WVU College of Law.

Katapult MarketingJune 25, 2010
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June 7, 2010

Julia Karen Shreve, 60, daughter of William Robert Shreve and Patricia Lou Somerville Shreve, died on May 21, 2010, from metastasized breast cancer disease. She was born in Charleston, W.Va., on September 26, 1949. She was a member of B’nai Jacob Synagogue.

Ms. Shreve was preceded in death by her father, William Robert Shreve; her sister, Barbara Lynn Shreve Roberts; and her father and mother-in-law, Bernard and Estelle Kasanof Gottlieb. She was also preceded in death by her paternal grandparents, Harvey McKinley and Emma Bridget Bean Shreve, a great Irish Lady.

She is survived by her beloved husband, Richard Lee Gottlieb; her wonderful children, daughter, Emily Kathryn Dawson of Pittsburgh, Pa.; and stepson, Max Carter Gottlieb of Charleston. She is also survived by her mother, Patricia Lou Somerville Shreve of Huntington; and sisters, Patricia Kay Shreve Herndon and Melinda Jean Shreve Patrick, both of Huntington; and Melissa Joy Shreve Boone and her husband Scott Boone of Houston, Texas, who both provided special care to Ms. Shreve during her illness at home and her many trips to M.D. Anderson.

There are friends too many to name, especially at the most wonderful place to work as a lawyer, Jackson Kelly PLLC. Ms. Shreve must mention Ms. Amber Hoback, Mr. Michael T. Cimino, Ms. Leanna Colston, Ms. Mary Rich Maloy (former employee), and the greatest secretary ever, Ms. Rita Lynn Hayes.

Ms. Shreve was a member of the law firm Jackson Kelly PLLC, where she practiced in the area of occupational safety and health. She served as a trustee of the Energy and Mineral Law Foundation (EMLF) and was a former Membership Chairman of EMLF. She was a past President of the West Virginia University Parents Club, Kanawha County Chapter; and served on the Board of Directors of the Greater Charleston YMCA. She served on the Strategic Planning Committee for the YMCA. In 2009, she was awarded the honor of “2010 Best Lawyers in America.” Before entering the practice of law, Ms. Shreve was a teacher for Kanawha County Schools and later a curriculum supervisor for the Title I Reading Program. She served Kanawha County Schools as a teacher, reading specialist, and supervisor from 1971 until 1989. She also taught in the Developmental Skills Department of West Virginia State College, now West Virginia State University.  Ms. Shreve earned her B.A. degree (1971) and Master’s of Arts degree (1977) from Marshall University. She is a 1992 graduate of the Ohio State University School of Law.

A Memorial Service at the Temple Israel was held on May 25, presented by Rabbi James Cohn with Rabbi Victor Urecki. In lieu of flowers, the family requested donations to the Nellie B. Connally Breast Cancer Center at the University of Texas M.D. Anderson Breast Cancer Center, 1515 Holcombe Boulevard, Houston, Texas 77030 or to the Hubbard Hospice House, 1606 Kanawha Boulevard, West, Charleston, WV 25312.

Ms. Shreve donated her body to the West Virginia University Medical School for research and cremation. Her ashes will be buried at the Jewish Cemetery in South Charleston.

Katapult MarketingJune 7, 2010
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May 26, 2010

Kentucky Mineral Law Planning Luncheon
Members are invited to submit topics for the October 13-15, 2010 Kentucky Mineral Law Conference at the Marriott Griffin Gate Resort in Lexington, KY.  A brief description of the topic and any proposed speakers should be emailed by June 14.  The topics and speakers will be selected at the June 15 planning luncheon in Lexington.  If you wish to attend the luncheon meeting, please reply to this email and the time and location will be provided.  The 2010 Kentucky Mineral Law Conference is chaired by Brian Wells of Wyatt, Tarrant & Combs in Lexington, and will begin on Wednesday afternoon with a half-day oil and gas track, general sessions on Thursday, and coal track on Friday morning with members of the Kentucky Coal Association.  Also on Friday morning will be a concurrent track for young lawyers, chaired by Heather Blandford of Dinsmore & Shohl LLP in Morgantown, WV.

Two EMLF Courses at WVU College of Law on Track for August 2010
Watch the EMLF website for the program brochure and registration information for the Coal Law Short Course, August 1-4 at the West Virginia University College of Law, now in its second year providing extensive course materials and approximately 24 hours of Continuing Legal Education, plus a field trip to the WVU Department of Mining Extension’s state-of–the-art simulated underground coal mine.  Completed in 2009 with mining equipment and rescue chamber donated by area coal companies, the simulated underground coal mine facility near Core, WV, is used for specialized training for new miners and mine rescue teams, with the capability to provide live fire training.

Comments about the 2009 Short Course:

• “Printed materials were worth the price of admission”
• “One of the best conferences I’ve been to”
• “Materials themselves are worth coming for”
• “Suggest sending a copy of the materials to law school libraries in the region”

A concurrent course on Climate Change runs August 2-4 at the WVU College of Law, covering the science of climate change, options for reducing GHG emissions from the electricity sector, state and regional GHG programs and voluntary markets, international treaties, federal legislation and regulation, evidentiary considerations related to climate change litigation, climate change tort litigation and dispute resolution, carbon offsets and implications for agriculture, carbon credits and avoided deforestation, the science of co2 capture and geologic storage, carbon capture and storage regulatory program developments, pore space ownership, legal issues related to wind projects, biomass projects, nuclear power, greenhouse gas reporting, and SEC reporting guidelines related to climate change risk.  Watch the EMLF website for complete brochure and registration information.

David Ries Honored with Award at 31st Annual Institute
The John L. McClaugherty Award for extraordinary service to the EMLF and to the legal profession was awarded to David G. Ries, partner in the Pittsburgh firm of Thorp Reed & Armstrong.  Recognized for his continuing legal education presentations on professional ethics and his years on the Executive Committee and as Foundation president, David was presented with the award by R. Neal Pierce, the first recipient of the McClaugherty Award.  Since its establishment at the Foundation’s 25th Annual Institute, the following EMLF members have been honored with the award:  Edward M. Green, Crowell & Moring; J. Thomas Lane, Bowles Rice McDavid Graff & Love; Thomas C. Means, Crowell & Moring; R. Neal Pierce, Law Office of R. Neal Pierce, LLC; Russell L. Schetroma, Culbertson Weiss Schetroma & Schug;  Joseph J. Zaluski, Wyatt Tarrant & Combs, and Sharon J. Daniels, EMLF Executive Director.

Scholarship Awards Announced at Annual Institute
Twelve (12) applicants from EMLF Member Law Schools received a total of $32,000 in Scholarships for the 2010-2011 academic year:

  • American University – Washington College of Law, Winfield Wilson – $1,000 General Fund Scholarship;
  • Appalachian School of Law, William Estes – $1,000 James H. Davis Scholarship and
    $2,000 General Fund Scholarship;
  • University of Oklahoma, Stephen Gary – $3,000 General Fund Scholarship and Aaron Meek – $3,000 General Fund Scholarship;
  • Penn State Law School, Robert Jochen – $5,000 Jan and Chester Keeton Scholarship;
  • University of Pittsburgh, Meredith Odato – $5,000 President’s Scholarship, and Nikolina Smith – $1,000 General Fund Scholarship;
  • Southern Methodist University, John Davis – $3,000 General Fund Scholarship, Jonathan McCartney – $3,000 General Fund Scholarship,  Richard Kamprath – $2,000 General Fund Scholarship, and Betty Lam – $1,000 Mary Sue Schulberg Scholarship; and
  • Tulane University, Alayne Gobeille – $2,000 General Fund Scholarship.

Many thanks to the EMLF Scholarship Committee:  Professor Bob Beck (SIU), Professor Buzz Belleville (Appalachian), J. Richard Emens (Emens & Wolper), Professor Joseph Dellapenna (Villanova), Melanie J. Kilpatrick (Rajkovich Williams Kilpatrick & True), Thomas C. Means (Crowell & Moring), Joseph K. Reinhart (Babst Calland Clements & Zomnir), and Professor Ernest E. Smith (Texas).

Kirsten Nathanson Assumes Presidency of EMLF at Annual Institute
Kirsten Nathanson, partner in the firm of Crowell & Moring, became the Foundation’s 32nd president following the Board of Trustees election of new officers and Board members at the 31st Annual Institute at Amelia Island, Florida.

John T. Boyd II, President and CEO of the John T. Boyd Co., Canonsburg, was elected vice president and president-elect.  Timothy Miller, Robinson & McElwee, Charleston, WV is the new Secretary/Treasurer.

Executive Committee members for 2010-2011 are Kenneth E. McDonough, American Electric Power, Columbus, OH; Kevin K. Douglass, Babst Calland Clements & Zomnir, P.C., Pittsburgh, PA; Sharon O. Flanery, Steptoe & Johnson PLLC, Charleston, WV; Blair M. Gardner, Jackson Kelly PLLC, Charleston, WV; Benjamin M. Sullivan, EQT Corporation, Charleston, WV; G. Brian Wells, Wyatt, Tarrant & Combs, Lexington, KY; and past presidents Maureen D. Carman, Attorney at Law, Versailles, KY and C. David Morrison, Steptoe & Johnson PLLC, Clarksburg, WV. Tim Gresham, Penn Stuart & Eskridge, Abingdon, VA, will continue his appointment as special advisor to the Executive Committee.

A welcome from the president and the new Board of Trustees is listed on the EMLF website.  Newly-elected for their first term as Trustee at Large on the EMLF Board of Trustees are:

  • Kathy G. Beckett, Jackson Kelly PLLC, Charleston, WV;
  • Steven M. Carpenter, Corporate Risk Manager and Director – Carbon and International Business, Marshal Miller & Associates, Bluefield, VA;
  • Timothy J. Hagerty, Frost Brown Todd LLC, Louisville, KY;
  • Frank B. Harrington, VP and Deputy General Counsel – Mining, Alpha Natural Resources, Abingdon, VA;
  • Gregory J. Ossi, Venable LLP, Vienna, VA;
  • Christopher B. Power, Dinsmore & Shohl LLP, Charleston, WV;
  • F. Thomas Rubenstein, Dinsmore & Shohl LLP, Morgantown, WV;
  • Alexander C. Schoch, Executive VP, CLO and Secretary, Peabody Energy Corp., St. Louis, MO;
  • Robert C. Williams, Deputy General Counsel, EQT Corporation, Pittsburgh, PA; and
  • Gregory A. Zerkel, President, Mason Dixon Energy, Inc., Bridgeport, WV.
Katapult MarketingMay 26, 2010
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March 22, 2010

Hotel Cutoff for Annual Institute – Thursday, March 25
Be sure to make your reservations at Amelia Island Plantation by March 25 to obtain the group rate of  $169 plus taxes and $12 daily resort fee.

Go to www.emlf.org and select Register for Accommodations Online, or call 888.261.6165 and ask for Group Reservations and identify yourself with Group 8BE7NW.

Golf Outing at Amelia Island Plantation
You can now sign up and pay for the May 9 golf outing at the Annual Institute by going to www.emlf.org/amelia/nav.aspx.  The fee is $135 for the Ocean Links course with tee times beginning at 8:08 a.m. Sunday morning.  John Boyd with the John T. Boyd Company will be coordinating foursomes.

Invitation to Sponsor Annual Institute Welcome Party
The EMLF welcomes $1000 sponsorships for the Welcome Party at the 31st Annual Institute from 6:00-9:00 p.m. on Sunday, May 9.  The Welcome Party is always a great event, with live music and a variety of food stations for informal dining throughout the evening.  If you would like to help sponsor this event, please contact Sharon Daniels and we will send a pledge invoice.

EMLF Mine Safety and Health Law Program Sold Out
The March 23-24 Mine Safety and Health Law Special Institute, co-sponsored by the U.S. Department of Labor, is completely sold out.  Held at the USDOL Auditorium, 200 Constitution Avenue, EMLF registrants will have the opportunity to attend the March 23 program to commemorate the 40th Anniversary of the Federal Coal Mine Health and Safety Act of 1969, held in the Great Hall at the USDOL and open to the public.  Featured speakers are U.S. Secretary of Labor  Hilda Solis and Assistant Secretary of Labor for Mine Safety and Health Joseph A. Main.

Development Issues in Shale Plays
On December 6-7, 2010, the Rocky Mountain Mineral Law Foundation (RMMLF) and the Energy & Mineral Law Foundation are co-sponsoring a conference in Pittsburgh on Development Issues in Shale Plays.  The program is being finalized, and anticipated presentations and papers include the following:

• Overview of major shale plays
• Technological considerations
• Fracking regulations
• Environmental regulatory challenges
• Air quality issues in unconventional plays
• Trespass issues
• State oil and gas conservation agency issues
• Ethics in leasing in the Marcellus Shale
• Issues relating to oil and gas leasing
• Navigating potential development conflicts
• Surface use challenges in the Marcellus Shale
• Getting the product to market
• Development agreements in shale resource plays

A comprehensive manual will be distributed to all attendees.  A final program and registration information will be available in the near future and available on the EMLF web site.  Hold these dates for this great educational opportunity.

EMLF Scheduled Educational Programs for 2010-2011

• Mine Safety and Health Law, March 23-24, Washington, DC
• 31st Annual Institute, May 9-11, Amelia Island Plantation, Florida
• Coal Law Short Course, August 1-4, WVU College of Law, Morgantown, WV
• Climate Change Short Course, August 2-4, WVU College of Law
• Kentucky Mineral Law Conference, October 13-15, Marriott, Lexington, KY
• Development Issues in Shale Plays, December 6-7, Pittsburgh, PA
• Winter Workshops on Energy Law, February 10-12, Lago Mar, Fort Lauderdale, FL
• 32nd Annual Institute, May 15-17, Nemacolin Woodlands, PA

Katapult MarketingMarch 22, 2010
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March 1, 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
Katapult MarketingMarch 1, 2010
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