Shale Gas Law 2019

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.

Christopher B. Power, Esquire 

Shannon Rutherford, Esquire
Babst Calland

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 
Bowles Rice

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 
Lewis Glasser

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 
Bowles Rice

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 
Jackson Kelly

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

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
Jackson Kelly