Shale Gas Law 2018

November 9th & 10th, 2018

This seminar is approved for 8.7 total WV MCLE credits, including 1.1 ethics credit.

This seminar is sponsored by Steptoe & Johnson PLLC

Panel: How Co-tenancy Does and Does Not Change the Landscape of Oil and Gas Development in West Virginia

This presentation will feature speakers and a panel who will discuss how West Virginia has recently passed Co-tenancy legislation (HB 4268) modifies existing property law, the impact of this change on the rights of interested parties including surface owners, and how the law changes the process of addressing holdouts or unlocatable interest owners.

Professor Jesse Richardson
WVU College of Law

David B. McMahon, Esquire 
David McMahon Attorney at Law

Mark D. Clark, Esquire
Spilman Thomas & Battle

Oil and Gas Industry Litigation Update

The oil and gas industry's rapid growth over the past decade has required courts across the United States to consistently address novel legal issues impacting oil and gas development. This session will present an update on important judicial developments and current litigation trends in West Virginia, Pennsylvania, and Ohio.

Lauren K. Turner, Esquire
Steptoe & Johnson PLLC

Environmental Challenges to Natural Gas Pipeline Projects

Opponents of natural gas pipelines have been honing their playbook over the years and have achieved some success in the courts this year, obtaining rulings that have, at least temporarily, halted construction of projects like the Mountain Valley Pipeline and Atlantic Coast Pipeline. The complicated web of state and federal permits and authorizations required to approve new pipeline construction gives opponents many avenues to challenge such projects administratively and in the courts. This presentation will provide an overview of the various state and federal agencies involved in approving new pipeline projects and the types of legal challenges brought by environmental groups who oppose them.

Jennifer L. Hughes, Esquire
Jackson Kelly PLLC

Critical Habitat Designations Under the Endangered Species Act and the Impact on Shale Gas Development: Actual Habitat Optional

Existing regulations and court decisions allow the United States Fish and Wildlife Service to designate an area as "critical habitat" for endangered species even if the species cannot actually survive in that area. This presentation will address the process of critical habitat designations under the Endangered Species Act, how such designations impact industry and landowners, how a case before the Supreme Court may affect that process, and proposed regulatory changes to the designation process.

Robert M. Stonestreet, Esquire
Babst Calland

A Dent in the Corporate Shield: Pennsylvania DEP’s Expanded Use of the Participation Theory of Individual Liability

This presentation will describe recent enforcement actions taken by Pennsylvania’s Department of Environmental Protection against corporate officers and directors in their individual capacity under a participation theory of liability. The session will highlight the evolution of participation theory of individual liability, recent case developments in Pennsylvania and close with a discussion of the implications of these developments in other jurisdictions.

Brian J Pulito, Esquire
Steptoe & Johnson PLLC

Jon C. Beckman, Esquire
Steptoe & Johnson PLLC

The Rule of Capture, Subsurface Trespass, and Shale Gas Development

This presentation will discuss the history of the Rule of Capture, a theory of non-liability relating to the production of oil or natural gas that has migrated between subsurface reservoirs, and recent case law addressing the application of the Rule of Capture to horizontal drilling and shale gas development. Additionally, this presentation will address case law applying theories of subsurface trespass outside the context of mineral development and what parallels might be drawn with respect to theories of subsurface trespass and the application of the Rule of Capture to shale gas development.

Evan G. Conard, Esquire
Bowles Rice LLP

Professional Ethics Update 2018

This session will explore current developments in ethics and professional responsibility stemming from recent amendments to rules, ethics opinions, and court cases. It will explore attorney advertising, confidentiality in blogging and public commentary, privilege waiver from using file sharing services, safeguarding electronic communications, and more.

David G. Ries, Esquire
Clark Hill PLC

A Peek Around the Corner - New Precedent and Initiatives from the National Labor Relations Board and Its General Counsel

The speaker will examine significant NLRB decisions overruling prior precedent and identify initiatives announced by the agency that are likely to result in new regulations which will impact the field of federal labor law. The speaker will also discuss the status of the West Virginia Workplace Freedom Act and its relationship with the National Labor Relations Act.

Mark A. Carter, Esquire
Dinsmore & Shohl LLP

Condemnation Law

Joseph L. Jenkins, Esquire
Lewis Glasser PLLC