Shale Gas Law 2019

November 8th & 9th

WVU College of Law

WVU vs. Texas Tech

Registration: $295

Football Ticket Price: $75

Click Here to Register!  

This seminar is approved for 10.0 total WV MCLE credits, including 1.0 Ethics/Law Office Management credits.

This seminar is approved for 8.00 total PA MCLE credits, including 1.0 Ethics/Law Office Management credits

We will apply for credit in VA and OH.

Friday, November 8th, 2019 

9:30 a.m.

Registration & Continental Breakfast

10:00 a.m.

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

10:50 a.m.

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

11:40 a.m.

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

12:30 p.m.


1:30 p.m.

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

2:20 p.m.

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

3:10 p.m.


3:20 p.m.

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

4:10 p.m.

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

5:00 p.m.


Saturday, November 9th, 2019 

8:15 a.m.

Continental Breakfast

8:30 a.m.

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

9:20 a.m.

Potential Implications of the Green New Deal on Natural Gas Development

Professor James Van Nostrand
West Virginia University College of Law

10:10 a.m.

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

11:00 a.m.



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.