Agenda

Tuesday, October 10, 2023

8:00 p.m. – 10:00 p.m.

Networking Event: Hosted Welcome Reception

The Thirsty Fox 

The Old Fayette County Courthouse, 215 W. Main Street #50 (Upper Street Entrance)

Sponsored by:

Wednesday, October 11, 2023

General Session: Understanding the Challenges

7:30 a.m. – 8:30 a.m.

Continental Breakfast

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

Sponsored by:

8:45 a.m. – 9:00 a.m.

Conference Welcome

Mike Rush

Director of Title

EQT Corporation

9:00 a.m. – 9:30 a.m.

Keynote Address: Congressman Andy Barr

Representing Kentucky’s 6th District in the United States House since 2013, Andy Barr serves on the House Financial Services Committee, the House Foreign Affairs Committee, was recently appointed to the House Select Committee on the Strategic Competition between the U.S. and the Chinese Communist Party, and is a member of the Congressional Coal and Natural Gas Caucuses. 

9:30 a.m. – 10:45 a.m.

Keynote Panel: Powering Tomorrow: Perspectives from Energy Industry CEOs

An exclusive panel discussion featuring leading CEOs in the energy sector.  Our esteemed panel of CEOs will share their perspectives on a wide range of topics including the current state of the energy market and future projections, global energy challenges, regulatory and legal challenges, innovation and technology, community engagement, sustainability, and environmental, social, governance policies. Don’t miss the opportunity to engage with these influential CEOs as they share their perspectives, strategies, and visions for the energy industry in the years to come.

Additional panelists have been invited.

John R. Crockett III

President

LG&E KU

Kyle Mork

President and Chief Executive Officer

Greylock Energy

10:45 a.m. – 11:00 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!

11:00 a.m. – 11:45 a.m.

Mountain Valley Pipeline Litigation: Where we are. How we got here. And where all this may lead.

Having grabbed legal, political, and business headlines for years, the Mountain Valley Pipeline has been a focal point of the energy sector over that time. Today is no different. Of late, much ink has spilled on the political machinations and industry impact of the MVP. But in this presentation, we will focus on the (hopefully fun) story to tell from the litigation perspective. Specifically, we will delve into the exhilarating issues and developments at the appellate levels — both in front of the Fourth Circuit and the Supremes (sorry, no Diana Ross talking points) — that got us to where we are today. And once there, we will examine the current state of play and how the lasting trail of MVP litigation may impact tomorrow’s clients, cases, and concerns.

11:45 a.m. – 12:30 p.m.

Energy Law Case Update

A survey of recent court decisions affecting the energy industry.

12:30 p.m. – 1:45 p.m.

Lunch Break

Enjoy one of Lexington’s excellent downtown restaurants!

1:45 p.m. – 2:45 p.m.

Navigating Legal Frontiers in the Energy Industry: Insights from General Counsel

A panel discussion that delves into the dynamic landscape of the energy industry, as viewed through the lens of seasoned General Counsel. This engaging session brings together a diverse group of attorneys representing prominent companies within the energy sector. Through their collective expertise, they will explore the critical legal challenges, regulatory shifts, and strategic considerations that shape the future of energy.

Additional panelists have been invited.

Ben Sullivan 

Executive VP & General Counsel 

Diversified Energy

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. – 3:45 p.m.

The Increasing Use of a Very Old Weapon: Imminent and Substantial Endangerment Suits under RCRA

Environmental statutes are frequently used to launch litigation against the energy industry.  In particular, both the Clean Water Act and Surface Mining Control and Reclamation Act (“SMCRA”) have “citizen suit” provisions that allow private citizens to bring lawsuits over alleged permit violations and these provisions have been routinely used against the energy industry for decades.  More recently, environmental plaintiffs have sought to use a lesser-known tool: the “imminent and substantial endangerment” provision found in the Resource Conservation and Recovery Act (“RCRA”).  This provision allows courts to order injunctive relief (as well as payment of attorney fees) when solid or hazardous waste disposal “may” present an imminent and substantial endangerment to the environment.  Environmental plaintiffs have recently sought to use the liberal language of this provision (“may present”) to seek relief from defendants in the energy industry.  While these lawsuits have been met with mixed success, similar lawsuits will almost certainly continue into the future.  This presentation will describe the recent cases in this area as well as tips for defending cases in the future.

3:45 p.m. – 4:30 p.m.

Solar Horizons in Appalachia

Throughout Appalachia, solar development is on the rise. Edelen Renewables CEO, Adam Edelen, joins us to discuss solar project development on reclaimed coal mines, particularly his company’s Martin County and Starfire projects, and the opportunities that are available for solar in Appalachia, as well as the technical, regulatory, legal, and community challenges that present themselves.

4:30 p.m. – 5:30 p.m.

Ethics for the Rise of Artificial Intelligence in Practice

Recently, the legal community was shocked when a lawyer, seemingly blinded by the convenience or trendiness of ChatGPT, was caught citing non-existent cases fabricated by the A.I. tool. Of course, multiple ethical rules are implicated in such a scandal and this case arose during a time that A.I. was ubiquitous in legal marketing. An obvious question emerges: do we need new ethical rules for the use of A.I. in legal practice or does its use fit into our existing framework? This presentation will explore the layers to this question by examining cases, new and old, of a lawyer’s professional responsibility during times of technological evolution.

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!

Thursday, October 12, 2023

7:00 a.m. – 8:00 a.m.

Networking Event: Run/Walk

Join conference attendees for a run/walk around Lexington’s downtown!

7:30 a.m. – 8:30 a.m.

Continental Breakfast

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

Track One: Ushering in the New

8:30 a.m. – 9:15 a.m.

Hot Topics in Carbon Capture

An overview discussion of three hot topics for the future of CCS: real property, regulatory (Class VI and primacy), and financial (federal funding, tax credit, and the Inflation Reduction Act).  Be sure to join EMLF for a deep dive into these topics at our virtual Special Institute on Carbon Capture later this fall.

9:15 a.m. – 9:45 a.m.

The Future of Rare Earth and Critical Minerals 

Ramaco Resources Chief Administrative Officer joins us to discuss Ramaco’s rare earth projects, as well as generally the legal, technical, and geopolitical realities and future projections for critical mineral development.

9:45 a.m. – 10:00 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!

10:00 a.m. – 10:45 a.m.

Navigating Solar Decommissioning Policy

As the number of solar installations in the U.S. soar to new heights, states must prepare for the scenario of mass decommissioning, as tens of millions of panels will soon reach the end of their lifespan. The presentation takes a broader view of what the solar decommissioning policy landscape looks like today and the diverse types of state policy models; subsequently undergoing a closer analysis of some of the largest solar markets in the nation and their approaches.

10:45 a.m. – 11:15 a.m.

PHMSA LDAR Rulemaking: What’s Proposed and What’s Next

On May 18, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a proposed rule in the Federal Register that includes significant changes to the reporting requirements in 49 C.F.R. Part 191 and safety standards in 49 C.F.R. Parts 192 for gas pipeline facilities. PHMSA proposed these changes primarily to address certain provisions in the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020, including a congressional mandate to establish new leak detection and repair (LDAR) requirements for gas distribution lines, transmission lines, and certain gathering lines. In this session, Keith Coyle will provide an overview of the key provisions in the proposed LDAR rule and discuss the next steps in the rulemaking process. Mr. Coyle will also discuss the potential for subsequent administrative and judicial review of any final LDAR rules prescribed by PHMSA.

11:15 a.m. – 12:00 p.m.

Politics at Work

As we enter the presidential election season, passions and opinions often run high. May employees openly take positions contrary to an employer’s interests? May they engage in campaigning at work? May employers engage in campaign activities at work? May employers force employees to support the candidates of the employers’ choice? May employers force employees to support proenergy candidates? May employers force employees to support pro-energy legislation or pro-energy organizations and agendas? There are a myriad of issues that arise in the context of campaign activities at and away from work. This presentation will review these questions and include how the rising use of social media by employees may also impact the employer on such issues. 

Track Two: Bolstering the Basics

8:30 a.m. – 9:15 a.m.

Gaining an Edge in an Economic Downturn: Suggestions on How to Prepare

As the direction of the global economy is in question and as energy prices continue to fluctuate, companies need to be prepared for an economic downturn globally and/or in its own business. This discussion will address protective methods such as how to contractually protect your company from the bankruptcies of others, collection methods, lender workouts, bankruptcy options, preparing for increased litigation and safety complaints, and WARN notices and reductions in force planning.

David Morrison

Member

Steptoe & Johnson, PLLC

9:15 a.m. – 9:45 a.m.

SALT Issues for the Energy Sector

This discussion will provide an overview of the significant state and local taxes affecting various parts of the energy sector, including points for legal counsel to consider or be aware of in the context of transactions, operations, audits and defense of tax assessments.   The discussion is designed to assist participants in becoming more conversant in state and local tax topics and will provide examples from various states.  The discussion, among other things, will likely acquaint participants with:

• Available sales and use tax exemptions for exploration and production activities.
• Available tax exemptions covering pollution control devices for oil and gas operations and disposal wells.
• Severance taxes.

9:45 a.m. – 10:00 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!

10:00 a.m. – 10:45 a.m.

Gathering Agreements 101

10:45 a.m. – 11:15 a.m.

Survey of Statutory and County-Level Notice and Record Title Requirements in M&A Context

Filing county-level notice of mergers or corporate name changes is an often overlooked component of transactions.  Failure to make the necessary filings exposes parties to multiple risks, including notice deficiencies and real estate tax issues.  This discussion will cover state statutory requirements for county-level filings to provide notice of mergers or corporate name change along with best practices for preserving property rights at the county level in the M&A context.  

Benjamin C. McKinney

Member

Steptoe & Johnson, PLLC

11:15 a.m. – 12:00 p.m.

Restrictive Covenants and Cross-Border Drilling: Unique Issues Impacting Oil and Gas Development

With land for oil and gas development increasingly in demand, companies are encountering increasingly complex legal and technical issues. Restrictive covenants, including covenants that may be imposed by federal law upon political subdivisions, may have significant impacts on oil and gas development, including prohibiting development entirely or limiting the use of the surface and/or subsurface to certain uses.  Producers are also looking to drill longer and longer laterals for purposes of economic and operational efficiencies. This presentation will address the current law regarding restrictive covenants and their potential impact on oil and gas development, including a discussion on how producers might pursue that development even where a covenant might otherwise serve to prevent it, and issues that arise when the producer wants to pursue development by drilling laterals across state boundaries.