Agenda

Coffee Station Sponsor

Charging Station Sponsor

Sunday, June 9, 2024

12:00 p.m.

Registration Check-In Opens Lobby/Pulaski 

1:30 p.m. – 3:00 p.m.

Executive Committee Meeting Reynolds

3:00 p.m. – 5:00 p.m.

Board of Trustees Annual Meeting Pulaski

5:00 p.m. – 7:00 p.m.

Networking Event: Hosted Welcome Reception Harborview

Sponsored by:

If you would like to sponsor this reception, please e-mail Anna at anna@emlf.org!

Monday, June 10, 2024

General Session

7:00 a.m.

Registration Check-In Opens Ogletree Ballroom

7:30 a.m. – 8:30 a.m.

Continental Breakfast

Sponsored by: 

8:30 a.m. – 8:45 a.m.

Conference Welcome

8:45 a.m. – 10:15 a.m.

Keynote Panel: Twenty Years of Appalachian Shale- A Retrospective

In October of 2004, Range Resources heightened its Renz #1 Well in Mt. Pleasant Township, Washington County, Pennsylvania to the depth of the Marcellus Shale and hydraulically fractured the well. And so began the era of Appalachian Shale development. Soon after, exploration and production companies scrambled to gather precious acreage and establish a foothold in the new “play,” while lawyers were called upon to advise and counsel them. Although Pennsylvania was the birthplace of oil and gas development dating back to Colonel Drake in 1859, development across the Appalachian Basin had waned in the mid-20th century. Although tens of thousands of shallow wells operated across Appalachia in 2004, the law developed around them for nearly 150 years would pose challenges to the burgeoning “unconventional” development.

Two decades later, the Marcellus Shale is the largest producing formation in the United States, and together with the Utica Shale, has drastically altered the Appalachian legal landscape. Through the voices of those who were there, this presentation will look back to the legal challenges faced, landmark cases, and lessons learned in the first twenty years of Appalachian Shale, while seeking to answer, “Where will the next 20 years take us?”

Additional panelists have been invited.

Jeff Kramer

Land Director

Range Resources

Lester Zitkus

Senior Vice President, Land

Gulfport Energy

10:15 a.m. – 10:30 a.m.

Hosted Break

Join your colleagues in the conference lobby for a refreshment break!

If you would like to sponsor this break, please e-mail Anna at anna@emlf.org!

10:30 a.m. – 11:00 a.m.

Energy Transitions in Appalachia – The Promise of the ARCH2 Hydrogen Hub

In the fall of 2022, the Department of Energy announced it would award $7 billion for the development of regional hydrogen hubs. Approximately a year later the ARCH2 proposal was selected for award negotiations. This session will provide an overview of the project and its implications for energy transitions in Appalachia.

11:00 a.m. – 11:45 a.m.

Everything Old is New Again (the Department of Labor Returns to its Past with Independent Contractors)

Distinguishing between employees and independent contractors can be treacherous, especially where your workers have a preference that you cannot legally meet. The latest incarnation of the DOL’s rule brings back many elements from past versions, but with enough new twists that can trap the unwary, especially where internal revenue is imposing its own test. The stakes can be expensive – owed payroll taxes and overtime – and potential penalties under the Affordable Care Act. No operator can afford to miss this session.

11:45 a.m. – 1:15 p.m.

Lunch Break

Special Networking Event: Join the Women’s Energy Network for a fellowship lunch.  All conference attendees are welcome- regardless of gender.  Additional cost of $45 payable with registration or by separate method of payment upon request.  

Sponsored By:

1:15 p.m. – 1:30 p.m.

EMLF Announcements and Scholarship Recognition

1:30 p.m. – 2:15 p.m.

Artificial Intelligence Application in the Energy Industry

A look at how energy companies can implement artificial intelligence in their processes, and the potential legal ramifications.

2:15 p.m. – 2:45 p.m.

Energy Regulation Post Chevron

Chevron has been a mixed bag in the energy and environment space, allowing aggressive agency action but also protecting deregulatory efforts. This discussion covers the following considerations:

• If Chevron is overruled, what does that look like and what are some potential examples of how things would come out differently?
• What are the drawbacks for industry if Chevron is overruled?
• How might the Supreme Court resolve these issues without overruling Chevron altogether, and what would be the implications then?

John Moran

Partner

McGuireWoods

2:45 p.m. – 3:00 p.m.

Hosted Break

Join your colleagues in the conference lobby for a refreshment break!

If you would like to sponsor this break, please e-mail Anna at anna@emlf.org!

3:00 p.m. – 3:30 p.m.

Energy Law Case Update

A survey of recent court decisions affecting the energy industry.  This discussion covers recent notable decisions in the Appalachia region.  Specifically, the discussion will address how the law was interpreted in these cases and how these decisions affect the energy industry.

3:30 p.m. – 4:30 p.m.

Ethics of Your Allegations and the $1 Counterclaim

This topic will explore an attorney’s obligations when filing suit, identifying claims and quantifying damages in energy projects, including the risks and rewards of using the $1 counterclaim (exemplified by certain A-list celebrity disputes) as a strategic means to expose the lack of foundation to the allegations against them.

Emma Wolfe

Partner

K&L Gates

4:30 p.m. – 5:30 p.m.

In-House Counsel Panel: Insights from Female Lawyers in Energy Companies

Discover the diverse perspectives and invaluable contributions of female lawyers in the energy sector through our insightful panel discussion. In this session, we’ll explore the professional journeys of accomplished female legal professionals who have made significant strides within energy companies.  Our panelists will offer practical insights into overcoming challenges and seizing opportunities in their roles, offering valuable lessons for aspiring legal professionals.  Panelists will also discuss legal issues facing the industry, and their preferred relationships with outside counsel.

Additional panelists have been invited.

Caroline Clark

Director, Governmental Affairs

LG&E KU

5:30 p.m. – 7:30 p.m.

Hosted Happy Hour

Join your fellow conference attendees right outside the doors for a cocktail and light hors d’oeuvres!

Sponsored by:

If you would like to sponsor this reception, please e-mail Anna at anna@emlf.org!

7:00 p.m. – 10:00 p.m.

Dinearounds

Sign up to join other conference attendees at a table at one of several local restaurants. A great opportunity to get to know new people and enjoy delicious food!  Sign up information will be sent to registrants prior to conference. Dinearound meal cost is not included in conference registration fee.

Tuesday, June 11, 2024

7:00 a.m.

Registration Area Opens Ogletree Ballroom

7:15 a.m.

Fitness Networking Event

Join conference attendees for a morning fitness activity.

8:00 a.m. – 9:00 a.m.

Continental Breakfast

If you would like to sponsor this breakfast, please e-mail Anna at anna@emlf.org!

Track One

Madison Ballroom

9:00 a.m. – 9:45 a.m.

Green Lights and Red Tape: Permitting Renewable Projects in Appalachia 

In Appalachian permitting, complexity is a feature, not a bug. Kara and Aaron will unravel the permitting landscape, share lessons learned as renewable energy has come into its own, and highlight what regulatory changes are worth celebrating (or worrying about) in the region.

9:45 a.m. – 10:30 a.m.

EPA’s Methane Reduction Rule

The latest on the EPA’s methane reduction rule and what it means for your operations.

10:30 a.m. – 10:45 a.m.

Hosted Break

Join your colleagues in the conference lobby for a refreshment break!

If you would like to sponsor this break, please e-mail Anna at anna@emlf.org!

10:45 a.m. – 11:30 a.m.

Best Practices for Managing Root Cause Investigations

Best practices and practical tips for managing root cause investigations, particularly those associated with pipeline failures.  This presentation will also include an examination of the extent to which attorney-client and work product protections under state and federal law apply to internal investigation written reports or analyses as there is currently a split in the Circuits concerning the protection afforded by the work product doctrine.

Keith J. Coyle

Shareholder

Babst Calland

11:30 a.m. – 12:15 p.m.

Trade Secret Litigation in the Oil Patch

Spilling the secrets of trade secret litigation. Two seasoned trial lawyers with significant experience handling complex business disputes in the energy industry, Marty and John will explain why in house and outside counsel should care about trade secret litigation, how to avoid it in the first instance, and how to succeed if litigation cannot be avoided.

Marty Truss

Member

Steptoe & Johnson

Track Two

Cumberland Ballroom

9:00 a.m. – 9:45 a.m.

Making the Most of your MSA Protections: Insurance and Indemnity for the Energy Industry

In this presentation, we delve into the critical aspects of Master Service Agreements (MSAs) pertaining to protections, indemnity, and insurance within the context of energy companies.  By examining indemnity clauses, liability limitations, and insurance requirements, we elucidate the mechanisms for risk allocation and mitigation inherent in these agreements and offer strategic insights into structuring MSAs to ensure comprehensive protection for energy companies.

9:45 a.m. – 10:30 a.m.

Alternatives to Traditional Insurance Coverage and Surety Bonding

An exploration of innovative alternatives to traditional surety bonding for energy operations, offering insights into emerging financial instruments and risk management strategies, discussing the feasibility, benefits, and potential challenges associated with each alternative, empowering stakeholders to make informed decisions that align with both regulatory requirements and sustainable business practices in mineral extraction.

10:30 a.m. – 10:45 a.m.

Hosted Break

Join your colleagues in the conference lobby for a refreshment break!

If you would like to sponsor this break, please e-mail Anna at anna@emlf.org!

10:45 a.m. – 11:30 a.m.

Considerations in the Legality of Drone Surveillance in Mineral Development and Mining Operations

Tom Lane

Partner

Bowles Rice

11:30 a.m. – 12:15 p.m.

Legal Issues Relating to Extraction of Lithium from Brine

As market potential for brine improves, legal questions abound regarding ownership and mineral-extraction rights. This discussion will cover recent litigation regarding ownership of brine in the oil-and-gas context, as well as updates on ongoing legislative and regulatory efforts to tackle issues related to lithium extraction from brine.

Nicholas Shum

Partner

Vinson & Elkins