Energy Law

12th Law of Shale Plays Conference

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Pittsburgh, Pennsylvania, USA

Registration Open

MCLE Credit will be available

The Westin Pittsburgh
1000 Penn Avenue
Pittsburgh, Pennsylvania 15222 

View Map

Registrar: +1.972.244.3403
IEL: +1.972.244.3421
Fax: +1.972.244.3401
E-Mail: iel@cailaw.org

Overview

Presented by the Institute for Energy Law and the Energy & Mineral Law Foundation, the 12th Law of Shale Plays Conference is focused on legal issues related to the shale plays in the United States. The conference brings together clients, attorneys, professional landmen, and other professionals to learn and discuss important cases, concepts, and trends.  In addition, the conference features multiple networking opportunities with other attendees.

Conference Co-Chairs

Travis L. Brannon
K&L Gates LLP
Pittsburgh, Pennsylvania

Leslie Miller-Stover
EQT Corporation
Pittsburgh, Pennsylvania

Tuition

Early registration pricing is available through August 11, 2021.

  • $595 - Regular Registration Fee (Regular Price: $645)
  • $480 - IEL Advisory Board Member (Regular Price: $530)
  • $480 - IEL Supporting or Sustaining Member Employee (Regular Price: $530)
  • $480 - IEL Young Energy Professional Member (Regular Price: $530)
  • $480 - EMLF Member (Regular Price: $530)
  • $480 - Government Employee (Regular Price: $530)
  • $125 - Full-time Law Professor (Regular Price: $125)
  • $125 - Law Student (Regular Price: $125)

Schedule and Faculty

Wednesday, September 1

7:45 a.m.


Registration

8:35 – 8:45 a.m.


Welcome, Overview and Introductions

8:45 – 9:15 a.m.


Energy Issues at the U.S. Supreme Court

Looking to catch up on the latest at the high court? Wondering what “the Nine” have said recently about the Clean Water Act, takings, CERCLA, and other issues of interest to those practicing in the energy space? Elbert Lin, co-chair of the Issues & Appeals practice at Hunton Andrews Kurth and a former law clerk to Justice Clarence Thomas, will cover recent highlights relevant to energy practitioners in a brisk 30 minutes, including insights into emergency stay applications on the so-called shadow docket and some prognostication about the future.

  • Elbert Lin, Hunton Andrews Kurth, Richmond, Virginia

9:15 – 10:15 a.m.


Continuing Changes for the Industry: A Federal and Appalachia Regulatory and Legislative Update

This session will focus on recent regulatory and legislative proposals, enactments and enforcements efforts affecting the energy industry.

ModeratorJoseph Ward, Frost Brown Todd LLC, Charleston, West Virginia

Panelists:

  • Amanda Shafer Berman, Crowell & Moring LLP, Washington, D.C.
  • Amanda Finn, Director – Government Relations, Ascent Resources, LLC, Columbus, Ohio

10:15 – 10:45 a.m.


BREAK

10:45 – 11:45 a.m.


How ESG is Influencing Day-to-Day Operations in Energy Sector Companies

This session will touch on the state of voluntary and mandatory ESG disclosure reporting, ESG issues in energy sector litigation, and how ESG issues are otherwise influencing merger and acquisition activity and employment issues in the energy sector.

  • F. Reid Avett, Womble Bond Dickinson, Washington, D.C.
  • Lisa Rushton, Womble Bond Dickinson, Raleigh, North Carolina
  • Lisë Stewart, EisnerAmper, Iselin, New Jersey

11:45 a.m. – 12:30 p.m.


Cybersecurity in the Energy Industry: How Prepared Is Your Business for the Impact of Ransomware?

The Colonial Pipeline incident in May 2021 underscored the susceptibility of the energy industry’s critical infrastructure to debilitating ransomware attacks and hacking attempts. The event highlighted the need for energy companies to continually evaluate cybersecurity measures. It also caused the government to implement additional compliance obligations for the industry. This presentation will discuss the steps businesses should take to prepare for the possibility of ransomware/hacking, best practices for thwarting these attempts, and required compliance measures. The presentation also will address vital cyber insurance and incident response considerations, which energy companies need to evaluate fully when assessing cybersecurity preparedness.

  • Shawn A. Morgan, Steptoe & Johnson PLLC, Bridgeport, West Virginia
  • Monté Williams, Steptoe & Johnson PLLC, Morgantown, West Virginia

12:30 – 2:00 p.m.


Networking Luncheon

2:00 – 2:45 p.m.


FERC Landowner Update

Gas pipelines are increasingly facing landowner, environmental and other challenges when attempting to develop infrastructure. The Supreme Court has ruled that eminent domain and condemnation are inextricably linked and absolutely granted through 7(h) of the Natural Gas Act. FERC plays a critical role in evaluating and granting these requests, but its decisions have faced increased scrutiny and recently had one of its certificate orders reversed (vacating a certificate). Come hear about recent cases, the challenges facing FERC and how it newly formed Office of Public Participation may impact the nation’s energy future.

  • Monique Watson, Steptoe & Johnson LLP, Washington, D.C.
  • Nils Nichols, Former FERC Official and Landowner, Washington, D.C.

2:45 – 3:30 p.m.


What Every Litigator Needs to Know About Bankruptcy

Bankruptcy is a part of life in every sector, and in certain cycles it can be quite prevalent in the oil and gas industry. But what does a litigator need to know to protect his client’s interests when a party in a litigation – or the litigator’s own client – files for bankruptcy protection? This session will explain some of the basics of the bankruptcy process and how they can overlap with ongoing litigations to provide a general base of knowledge for litigators.

  • Lucas Liben, Reed Smith LLP, Pittsburgh, Pennsylvania
  • Luke A. Sizemore, Reed Smith LLP, Pittsburgh, Pennsylvania

3:30 – 3:45 p.m.


BREAK

3:45 – 4:15 p.m.


A Greener Shale Patch

Is there room for the oil and gas industry in the Net-Zero movement? Yes, according to the growing number of companies lowering or eliminating carbon emissions from their own operations. Across the country, developers and midstream companies are investing in renewable self-generated power and clean tech to reduce their carbon intensity and meet their ESG goals. This presentation will discuss the current landscape, the major projects nationwide, and what is on the horizon for Appalachia.

  • Kara H. Herrnstein, Bricker & Eckler LLP, Columbus, Ohio
  • Freddy Sanches, Technical Manager, Enbridge Inc., Houston, Texas

4:15 – 4:45 p.m.


Midstream Litigation Update: Recent Litigation Affecting the Midstream Sector

This presentation will address recent lawsuits and opinions involving the midstream sector, including pipelines and midstream facilities. The overview will address the U.S. Supreme Court’s long-awaited opinion in PennEast Pipeline v. New Jersey involving a pipeline company’s right to exercise Federal imminent domain authority to condemn property owned by States. In addition, the presentation will address bankruptcy-related rulings involving midstream assets.

  • Gregory J. Krock, McGuireWoods, Pittsburgh, Pennsylvania

4:45 – 5:15 p.m.


Round-up of Recent Royalty Decisions.

Royalty litigation abounds in the Marcellus and Utica. In this session, we will take a quick look at some of the recent decisions in this area and see if there are any trends that can be garnered.

  • Jeremy Mercer, Porter Wright Morris & Arthur LLP, Pittsburgh, Pennsylvania

5:15 p.m.


NETWORKING RECEPTION

Thursday, September 2

8:25 – 8:30 a.m.


Introduction

8:30 – 9:45 a.m.


In-House Counsel Panel

This panel of senior industry lawyers will address the concerns of general counsel in operating and developing shale plays and getting products to market.

ModeratorJennifer J. Hicks, Babst, Calland, Clements and Zomnir, P.C., Charleston, West Virginia

Panelists:

  • Cole Delancey, Assistant General Counsel, Cabot Oil & Gas Corporation, Pittsburgh, Pennsylvania
  • Christopher Rimkus, Assistant General Counsel, MPLX LP, Denver, Colorado

9:45 – 10:15 a.m.


Enforcement Rising: Considerations for Companies Facing Increased Scrutiny from State Attorneys General

State Attorneys General have ramped up enforcement in the areas of worker rights and environmental compliance. After announcing charges against several companies for violations of Pennsylvania’s Solid Waste Management Act and Clean Streams Law, PA’s Attorney General promised, “we’re not done yet. There will be more to come. You can rest assured that there will be more criminal charges.” The PA Office of Attorney General has also attempted to expand the reach of the Pennsylvania Unfair Trade Practices and Consumer Protection Law by charging two companies with engaging in unfair or deceptive practices in connection with securing surface mineral leases. A number of construction companies have also been charged with violating Pennsylvania’s Prevailing Wage Act and the federal Davis-Bacon Act for underpaying workers on prevailing wage projects.

In this environment of enhanced enforcement activity and possible criminal liability, companies must know what aspects of their business may be subject to scrutiny and how to respond if targeted by the State Attorney General.

  • Travis N. Gery, K&L Gates LLP, Harrisburg, Pennsylvania

10:15 – 10:30 a.m.


BREAK

10:30 – 11:30 a.m.


Updates on CCUS from the Commercial and Governmental Angles

This session will contain describe (i) governmental efforts in the Marcellus region (as well as other regions who are partnering with Marcellus states) to promote carbon capture, utilization and sequestration as well as certain regulatory impediments being solved and (ii) the commercial terms beginning to develop in CCUS transactions in various parts of the country.

  • Kristin M. Carter, P.G., C.P.G., Assistant State Geologist, Pennsylvania Geological Survey, Pittsburgh, Pennsylvania
  • Patrick K. Johnson, Bracewell LLP, Houston, Texas

11:30 a. m. – 12:30 p.m.


Too Hot to Handle: What Lawyers Should Do with Documents and Things Somebody Will Think They Shouldn’t Have

Inadvertently produced documents, mis-sent email, stolen documents, wiretapped phone calls, and misdirected faxes. What’s a lawyer to do?

At some point, many lawyers find themselves in possession of documents or information they shouldn’t have. Or that someone is likely to say they shouldn’t have. Will someone later say the documents are privileged, or work product, or trade secrets, or stolen?

Join us and hear a roadmap out of the morass – five questions to ask and four rules of the road that will help guide you and avoid trouble.

  • Lucian T. Pera, Adams and Reese LLP, Memphis, Tennessee

12:30 p.m.


Adjourn

CE Credits

MCLE Credit

IEL as registrar for the conference will directly apply for course accreditation in the following states: LA, KY, NM, OH, OK, PA, TN, TX, VA and WV. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. IEL conferences are typically accredited by all mandatory CLE states.

The program is approved by the State Bar of Texas for 10 hours, including 1 hour of ethics. Course ID Number: 174130007. Approved credit hours will vary by jurisdiction and are subject to each jurisdiction’s approval and credit rounding rules.

AAPL Credit

AAPL Credit will be available.

Hotel Information

Rooms available nights of: 2021 Aug 31 and 2021 Sep 2
Last Day to Book: 2021, Aug 11

Hotel(s) offering your special group rate:
  • The Westin Pittsburgh for 154 USD ++/per night

Book Hotel Online

Or call +1.412.281.3700 and refer to IEL – 12th Law of Shale Plays Conference.

Sponsorship Opportunities

Wi-Fi Sponsor (Exclusive) - $5,000

  • Name Reflected in Wi-Fi Access Code
  • Recognition in the Conference brochure, which will be sent to several thousand interested counsel and business leaders and will reach many thousands more through web announcements
  • Company/firm logo displayed in the Conference Program
  • Company/firm logo displayed on slides during breaks
  • Recognition on the Conference website
  • 3 complimentary registrants at the Conference
  • An opportunity to display company/firm materials at the event or at the conference.

Canvas Bag (Limited to 3) - $4,000 each

  • Recognition in the Conference brochure, which will be sent to several thousand interested counsel and business leaders and will reach many thousands more through web announcements
  • Company/firm logo displayed in the Conference Program
  • Company/firm logo displayed on slides during breaks
  • Recognition on the Conference website
  • 2 complimentary registrants at the Conference
  • An opportunity to display company/firm materials at the event or at the conference.

Lanyard Sponsor (Exclusive) - $3,500 

  • Sponsor name contained on conference lanyard.
  • Recognition in the Conference brochure, which will be sent to several thousand interested counsel and business leaders and will reach many thousands more through web announcements
  • Company/firm logo displayed in the Conference Program
  • Company/firm logo displayed on slides during breaks
  • Recognition on the Conference website.
  • 2 complimentary registrants at Conference
  • An opportunity to display company/firm materials at the event or at the conferences.

Networking Luncheon - $3,000 each 

  • Recognition in the Conference brochure, which will be sent to several thousand interested counsel and business leaders and will reach many thousands more through web announcements
  • Company/firm logo displayed in the Conference Program
  • Company/firm logo displayed on slides during breaks
  • Recognition on the Conference website
  • Recognition at the Luncheon
  • 2 complimentary registrants at the Conference
  • An opportunity to display company/firm materials at the conference.

Breakfasts – Sep 1 or Sep 2 (Exclusive) - $3,000

  • Recognition in the Conference brochure, which will be sent to several thousand interested counsel and business leaders and will reach many thousands more through web announcements
  • Company/firm logo displayed in the Conference Program
  • Company/firm logo displayed on slides during breaks
  • Recognition on the Conference website
  • Recognition via signage at the Breakfast
  • 2 complimentary registrants at the Conference
  • An opportunity to display company/firm materials at the conference.

Networking Reception - $2,500 each

  • Recognition in the Conference brochure, which will be sent to several thousand interested counsel and business leaders and will reach many thousands more through web announcements
  • Company/firm logo displayed in the Conference Program
  • Company/firm logo displayed on slides during breaks
  • Recognition on the Conference website
  • Recognition at the Reception
  • 1 complimentary registrant at the Conference
  • 2 complimentary guests at Reception
  • An opportunity to display company/firm materials at the conference.

Exhibitor (Non-law firms) - $1,500 each

  • 1 complimentary registrant at the Conference
  • Space to display company/firm materials at the conference.
  • Company/firm logo displayed on Conference website

For more information about sponsorship opportunities, please contact Licia Maria Hogarth, Sponsorship Coordinator, at 972.244.3424.

Other Information

Press Policy

All IEL conferences are held under the Chatham House Rule. Participants, including journalists, are free to use any information received, but comments may not be attributed to any speaker identifi ed by name or affiliation.

Visa Information

If you require a letter of invitation to obtain a visa for this conference, payment of the registration fee must first be made.  If you apply and do not receive a visa, please send us a copy of the rejection letter from the consulate, and we will cancel your registration and issue a refund. Please email iel@cailaw.org for more details.

Nondiscriminatory Policy

The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status, sexual orientation, gender identity, or any other protected status in educational activities, scholarship programs or admissions.

Privacy Policy

We do not sell or rent information to any outside parties. By providing your information, you will receive postal and electronic communications from the Institute for Energy Law (IEL) of The Center for American and International Law (CAIL) in accordance with CAIL's Privacy Policy. If we co-sponsor a program with another organization, information may be shared between the parties. All such co-sponsors will be identified on the event details and registration page. At any point, you can opt-out or unsubscribe by selecting either link at the bottom of each email or call us at 972.244.3400.

Sponsor an Event

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Canvas Bag

Networking Luncheon

Networking Reception