Friday, November 8th, 2019
Registration & Continental Breakfast
Clean Water Act Sections 401, 404 and 505: Citizen Suits Based on Water Quality Certifications for Energy Projects
A state must issue a water quality certification under Clean Water Act Section
401 in order to make effective any federal permit issued under other Clean
Water Act provisions that authorize discharges into waters of the United States.
Energy projects often require permits under Clean Water Act Section 404 to
allow the lawful placement of fill material into jurisdictional waters. Pursuant
to Clean Water Act Section 505, citizen suits may be commenced against entities
that are in violation of an “effluent standard or limitation,” including “certification
under [Clean Water Act Section 401].” This presentation will explore the extent
to which conditions that are attached to Section 401 Certifications may serve
as a basis for Clean Water Act citizen suits, and the ramifications of this
potential exposure for those seeking to construct energy projects.
Kip Power, Esquire
Comparing Recent West Virginia Supreme Court of Appeals Decisions in Crowder and Andrews
Are these decisions game changers in the world of oil and gas or something else?
Each presenter will provide the oil and gas exploration company and the surface
owner points of view.
Evan Conard, Esquire
David McMahon, Esquire
David McMahon Attorney at Law
West Virginia Neighbors: The Co-Tenancy Statute, Royalties and Changes in Spacing
Implementation of last year’s co-tenancy statute, royalty transparency and proposed changes to the Oil and Gas Conservation Commission’s deep well spacing requirements.
Joe Jenkins, Esquire
State of Local Ordinances and Pre-Emption under State Laws
Environmental groups are making concerted efforts to have county commissions pass
new ordinances which potentially impact oil and gas operations. This presentation
will address these efforts.
Roger Hanshaw, Esquire
Environmental Requirements for Natural Gas Pipeline
Navigating the web of federal, state, and local regulations regarding energy
infrastructure can be challenging. This presentation will provide an overview
of environmental requirements for natural gas pipeline projects, as well as
judicial decisions interpreting those requirements and how those decisions
may impact future development.
Jennifer Hughes, Esquire
Analysis of Groundwater Contamination Actions in the Oil and Gas Industry
This section will address minimal requirements for pre-drilling groundwater quality
sampling pursuant to W. Va. CSR 35-8-15; recommendations for a more comprehensive
analytes suite; the rebuttable presumption of proximate cause in civil actions
for groundwater contamination under the Natural Gas Horizontal Well Control Act,
W. Va. CSR 22-6A-18, and relevant defenses; the relevance of the Safe Drinking
Water Act, 42 U.S.C. 300f-300j-26 to private groundwater well contamination claims;
select scientific literature investigating whether there is an association between
horizontal drilling and hydraulic fracturing and groundwater contamination, and
the fundamentals of analysis of groundwater quality data.
Donald Sinclair, Esquire
Steptoe & Johnson
The Model Rules of Professional Conduct Come Alive
Legal ethics – or the absence thereof – is a central element in recent political
news, and the notoriety of several “high-profile” lawyers has captured the public’s
interest. Although these cases are far the exception and not the rule, such conduct
demonstrates both the necessity of having ethical governance and the limits of
its ability to control behavior. Despite ethical mandates, some lawyers persistently
find ways to affirm our negative stereotypes, and no aspect of the legal profession
seems safe from their negative inference. High expectations, high stress and
low accountability, left unchecked, make perfect breeding grounds for illicit
behavior. By examining recent disciplinary proceedings, this course suggests
that one way to avoid professional misfeasance is to learn from others’ bad behavior
and its consequences.
Kevin Colosimo, Esquire
Frost Brown Todd
Saturday, November 9th, 2019
The Awarding of “Stigma Damages” in Condemnation Proceedings
Counsel for surface owners continue pushing the award of stigma damages in condemnation
proceedings and courts have been responding in various ways to address the stigma
associated with energy projects.
Brian Pulito, Esquire
Steptoe & Johnson
Potential Implications of the Green New Deal on Natural Gas Development
Professor James Van Nostrand
West Virginia University College of Law
Weed in the Workplace: Employer Obligations to Employees Using Cannabis
Thirty-three states, including West Virginia, Pennsylvania, and Ohio, are decriminalizing
cannabis for medical and even recreational use. These new laws, in conjunction
with existing federal laws, are leading to uncertainty among employers, particularly
those in the energy industry employing significant numbers of people in safety-sensitive
positions. Significant issues arising include whether an employer must accommodate
the use of the drug for medical purposes and whether an employer can keep marijuana
on its drug testing lists. This presentation will outline the status of state
cannabis laws and provide guidance for employers to address employee use of
cannabis in its various forms.
Erin Magee, Esquire
WVU vs Texas Tech Kickoff
Tickets: Football tickets are non-refundable and are distributed on a first-come,
first-served basis. There is a 4 ticket limit per registrant. A handling fee
may be included in the cost of the tickets.
Parking: Tuition for each seminar includes a WVU Athletic Department parking pass to the Red Lot around the WVU College of Law. RV and Camper parking is not permitted.
Materials: An electronic PDF written materials book will be sent via email prior to the conference. Attendees have the option to purchase a printed copy of the written materials book for $25 during registration.
Tuition Refund Policy: No tuition refunds will be made if football tickets are also ordered. Registration refunds for those who do not order football tickets will be available if the cancellation is received three business days prior to the conference. Refunds are subject to a $50 processing fee. Preregistered attorneys who do not attend will receive MP3 files of the program.
Reasonable Accommodation: If you have a disability that requires special accommodation, please contact the WVCLE office at (304) 293-7255 at least 10 days prior to the program date.