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This content is exclusive to EMLF members. You will be asked to log in to emlf.org when you click on the Read More buttons. If you need assistance resetting your password, please e-mail dawn@emlf.org.

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Happy Holidays from EMLF!

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EMLF wishes you a wonderful holiday season and blessings in the coming year. EMLF's office will be closed Friday, December 24 through Friday, December 31, 2021.

We will reopen for regular business on Monday, January 3, 2022. See you then!



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Annual Institute set for Amelia Island in June 2022

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The Energy & Mineral Law Foundation will hold its 43rd Annual Institute in Amelia Island, Florida from June 12-14, 2022.

As always, EMLF’s Annual Institute will provide two days of topical continuing legal education. As for the setting, Amelia Island is a popular resort, with sandy beaches, golf courses, boutique shops and historical sites that reflect Spanish, French and English control. It's a superb location for a family vacation that blends the beauty of the beach with exciting activities!

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The OSHA ETS Litigation Update

By Michael Moore,
Steptoe & Johnson

The OSHA Emergency Temporary Standard on Vaccination and Testing, which requires employers with more than 100 employees to either mandate vaccination on all employees or conduct weekly testing for those employees who are unvaccinated, was published in the Federal Register on November 5, 2021. Within several weeks, approximately 36 lawsuits were filed challenging it. On November 12, the Fifth Circuit issued the temporary stay order of the ETS, holding that the challenges to the regulations were likely to succeed on merits. Eventually, all these cases were consolidated, and the Sixth Circuit was chosen to decide the ultimate outcome for the regulations.

On November 23, OSHA filed an emergency motion requesting that the Fifth Circuit’s stay be dissolved or modified by the Sixth Circuit. On December 10, the parties completed their briefing on that motion. On December 15, the Sixth Circuit denied an en banc review.

Unexpectedly, on December 17, the Sixth Circuit dissolved the stay and, in so ruling, found that the government has a compelling interest in the public safety at large. The immediate ramification of this decision is that OSHA is now allowed to enforce the ETS issued on November 5 and require vaccination/testing for those employers with more than 100 employees. However, the petitioners have already filed a notification of emergency application to the Supreme Court of the United States for immediate stay of the agency action pending disposition of petition for review. 

OSHA has indicated that it will not begin enforcement of the ETS, which requires employers to either mandate COVID-19 vaccination or ensure that weekly testing is conducted, until January 10, 2022. Employers will be required to have a COVID-19 policy in place by January 10, 2022. Employers must then enforce their COVID-19 policies by February 9, 2022. 

Again, we should stay tuned for more updates on this as action is taken by the United States Supreme Court, which will ultimately have to consider whether the government can mandate vaccination policies on private employers.


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Call for Topics for the Annual Institute

EMLF is now accepting topic and speaker proposals for the 43rd Annual Institute, to be held June 12-14 in Amelia Island, Florida. Topics should cover some aspect of energy production (including coal and other minerals, oil and gas, and renewable sources) or power generation, including general corporate issues such as labor and employment, diversity and inclusion, financing and market trends, land use and acquisition, and other current legal issues. Topics are also needed that address attorney ethics, practice management, and mental health. Volunteers are needed to serve on the planning committee and as session coordinators.   

Topics must include a brief description of the subject to be covered, and where available, should include a title and proposed speaker. Speakers may self-submit topic proposals. 

To volunteer for the planning team or to submit topic proposals, please e-mail Anna at anna@emlf.org, or by using this online form.



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EMLF Member Spotlight: Daniel Craig

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Current law firm or association: Frost Brown Todd LLC
Law School: Duquesne University School of Law (2011)
Undergraduate: The Ohio State University (2008) 
Spouse: Dr. Elviira Craig 
Children: Helen (3) and Oliver (2) 
Current home town: Pittsburgh, PA   
Favorite bar or restaurant in Pittsburgh?  Why?: I love Morcilla, a Spanish tapas restaurant in Pittsburgh’s Lawrenceville neighborhood, because of the cozy atmosphere and incredible food.
EMLF Involvement: I have regularly attended EMLF programs since early in my career. I have co-authored several articles for the Annual Institute Proceedings over the years. My first speaking opportunity came early in 2021 at the Special Institute on Solar, where I sat on a panel discussing state regulation of solar energy development. In June I was inducted as a member of the Board of Trustees at the Annual Institute in Memphis. I recently drafted a white paper on Pennsylvania’s Regulation of Solar Energy Development that will be published in the upcoming Annual Institute Proceedings.

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EMLF Member Spotlight: Karen Greenwell

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Current association: Wyatt, Tarrant & Combs, LLP
Law School: University of Kentucky, 1985
Undergraduate: University of Kentucky, 1976
Spouse: Mary Ann Hatton
Children: Three cats and three dogs, including a 6-month-old Australian Shepherd puppy who is much more than I bargained for! NB: people with 6 indoor pets should not have light-colored rugs.
Home: 115 acres in Northern Madison County, Kentucky – no neighbors!
Favorite restaurant: Oh there are so many – the Mad Hatter on Sanibel Island; Astrid y Gaston in Lima, Peru;  Rules in London, England; The Berghoff  in Chicago to name a few!
EMLF Involvement: Presenter and Conference Chair 

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EMLF Accepting Scholarship Applications for 2022-2023


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Know a law student studying energy, environmental, natural resources or mineral law?

EMLF is accepting applications for the Law Student Scholarship Program through April 1, 2022. View the application and instructions here.

In addition, EMLF offers the Schetroma Travel Grant, which will fund student travel, accommodations, meals and registration to attend the 43rd Annual Institute in June. View the Schetroma Travel Grant application and instructions here. The deadline for applications is May 20, 2022. See the list of EMLF member schools here.

For the 2020-2021 academic year, EMLF presented 11 students from six member schools $29,000 in scholarships. To date, EMLF has presented a total of $700,000 in scholarships to students from member schools.

Email dawn@emlf.org for more information, and please share the scholarship opportunities with anyone you know who may be interested.
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Renew for 2022!  

Networking ‌

Renew or join EMLF in 2022, because membership just keeps getting better.

EMLF members get discounts on conferences in fantastic locations, access to white papers, hours of free on-demand CLE programming, opportunities to network and increased speaking and publishing opportunities as the Foundation adds virtual programming to its repertoire.

“Not only does EMLF remain a premier provider of continuing legal education, it is the best place to connect with colleagues and create business and personal relationships,” said EMLF Executive Director, Anna Fletcher. EMLF members also have the opportunity to serve on committees that shape the work of the Foundation, and move into leadership positions that shape the industry.

Check your mail for your renewal invoice, 2022 renewals are underway! Please note: employees of Sustaining and Supporting members who are not the member representative should not expect to receive an individual invoice. To visit EMLF's membership information page, click here.

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Reminder: EMLF's New Address

EMLF is now located in our permanent office space at 2365 Harrodsburg Road, Ste B215, Lexington, Kentucky, 40504. 2022 invoices have been mailed, so please share our address update with your accounting department contacts to ensure payments are sent to the correct address. For many years, EMLF's office was located at 340 South Broadway in Lexington, but it was sold in 2020 for condominium space.

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Mark Your Calendars for the AAPL/EMLF Joint Land Institute

The AAPL EMLF Joint Land Institute has been rescheduled for April 27-28, 2022, at the Pittsburgh Airport Marriott in Coraopolis. Conference co-chairs Sandy Fraley (Steptoe & Johnson) and Jerris Johnson (Paramount Field Services), along with Cindy Perdue (Steptoe & Johnson) and Greta Zeimetz and her team at AAPL have put together a great program. Registration is expected to open after the first of the year. Please contact Anna at anna@emlf.org for sponsorship opportunities.

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Upcoming Events

• EMLF Safety Institute, Department of Energy, Washington, DC March 22-23, 2022
• AAPL & EMLF Joint Land Institute, Pittsburgh, PA April 27-28, 2022
• EMLF Annual Institute, Amelia Island, FL June 12-14, 2022
• EMLF Fall Symposium, Lexington, KY October 11-13, 2022


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Anna Girard Fletcher
Executive Director
Energy & Mineral Law Foundation
2365 Harrodsburg Road, Suite B215
Lexington, KY 40504
859.231.0271
www.emlf.org
anna@emlf.org
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Legitimate communication that comes from from the EMLF office include the e-News (news at emlf.org); or from the staff: anna at emlf.org or dawn at emlf.org. You should be suspicious of other emails originating from different address; please contact the office (859.231.0271) if you have any concerns.
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