Mostrar mensagens com a etiqueta natural resource law. Mostrar todas as mensagens
Mostrar mensagens com a etiqueta natural resource law. Mostrar todas as mensagens

domingo, 28 de dezembro de 2014

Shale Gas Fracking: Protecting the Interests of Landowners




Teaching Students to Serve Future Clients

This week, I've been designing my class that will be a part of ASL's Introduction to Natural Resources Law course.  We are offering the course as a one-week intensive before regular classes start in January. Through it, we hope to encourage students to earn our Natural Resources Law certificate.  

My day-long class will focus on shale gas production in the Marcellus and Utica shale plays located in mostly Pennsylvania, West Virginia, Ohio, and New York.  The class will include an overview, presentations by a couple of guest speakers, and then a simulated negotiation of a mineral lease.  I am expecting it to provide good coverage of the topic and a fairly interesting way to spend an 8-hour day of class. I am trying to frame perspectives from the industry, the environmental protection community, and health officials.  

My slide show is almost done.  I've really enjoyed the required research and my discussions with experts in the field.  I still need to read a 185-page report recently issued by the New York State Department of Health in support of a ban of shale play production in the state.  

All this research is getting me back to my law practice roots.

When I graduated from law school in 1982, I practiced energy law in my first and second jobs. I first joined the energy practice group of the largest law firm in Oklahoma, a firm now called Hall Estill.  I practiced in the natural gas group and focused on intra-state gas production and transmission. The industry, however, was going through a sea change triggered by deregulation of interstate pricing by Congress in 1978.  That regulatory change, in turn, generated a production bubble as interstate natural gas prices rose. That bubble burst several years later.  Thus, I had the unusual opportunity to see a full market cycle unfold. 

I next moved to the energy department of what was then the third largest firm in the world -- Skadden Arps.  I practiced before the Federal Energy Regulatory Commission (FERC), although I also attended many Congressional committee hearings during this transition in the industry. Among other duties, I wrote a weekly update for a client about what was happening in the energy market. I remember the day when oil prices exceeded $60 per barrel. This was a huge event.  Until the late 1970s, oil had never exceeded $30 a barrel.

Of course, now the talk is about dropping oil prices -- with the cost moving below $60 for the first time since mid-2009.   I've included graphs showing these trends in my class slides, but can't share them here because I don't have a license to produce them.

As I write this post, another image popped into my head. During my college years, I worked as a gas station attendant in a rural town in Iowa.  I worked during the Arab oil embargo in 1973 and the later U. S. oil price controls.  I helped implement gas rationing.  I watched my boss wipe tears from his cheeks the day that he had to replace the meters in his gas pumps.  They did not go above 50 cents a gallon.  He was dumbfounded.  They had never needed to go higher for as long as he had owned the station.  In 1972, when I graduated from high school, gas sold for 36 cents a gallon ($1.36 in today's currency). 

Of course, this experience sparked my interest in energy.  I first approached it through the science by taking a number of geology classes while at Wash U.  In law school, I took courses in oil and gas law and regulated industries.  My law journal note covered a public utility issue.  Then, after law school, I practiced energy law for five years.  Later still, I was drawn to ASL because of the region's tie to coal production. 

I've still got a lot to learn in this new energy market, but I am thankful for my background in the field that kept me paying attention even when clients did not rely on my advice.

Finally, I have added to my blog role several blogs relating to shale play production, including one specifically designed to help mineral rights owners negotiate good deals.  That blog's administrator, Ronald B Stamets, will be one of my guest speakers for class. 

terça-feira, 15 de abril de 2014

Creating Your Purpose



Then, Living with Purpose

Tom Asaker, who blogs on business and marketing, takes a look at the difference between finding your purpose and creating it.

He says:
[P]urpose isn't discovered.
It's created.
It isn't a carefully considered and crafted image.
It's a bold statement.
A way of believing and behaving that grows and evolves and enhances people's lives.
Purpose isn't something we pull out of our brands.
It's something we passionately build into them.
Out of our experiences and values.
                            * * *
Purpose means progress.
It's movement towards a more ethical and meaningful way of being.
Purpose creates a new world.
I teach at a purpose-driven school.  We exist to create opportunities for Appalachians who are often the first member in their immediate families to attend college or professional school.  On to that purpose, we have layered  our commitment to community service and to producing graduates who will return to their communities to provide leadership and public service.  Add to that, our purpose of changing the problem-solving paradigm by teaching students Alternative Dispute Resolution, while continuing to offer courses that will make them fearless courtroom advocates.

More recently, we have built a Natural Resources Law program that rivals any program east of the Mississippi River.  In doing so, we mindfully created a program that encouraged broad discussions from many points of view about coal, fracking, renewable energy, and environmental issues surrounding any decision we make in this area of law and policy.  These conversations can be lively.  Many of our students have family members who have worked in coal production.  One of our first students was a disabled coal miner.  We have graduates working for gas production companies.  They bring their work experiences back to campus during some of these classroom conversations.

My Dean gave me a great opportunity to bring several aspects of our school's purpose together in my Environmental Dispute Resolution course.  I am teaching it for a second year.  The students are learning group facilitation/consensus building skills, values, and processes.  We focus on several difficult local issues, most recently whether to site a wind farm on a ridge of the Appalachian Mountains about an hour from campus.

In that simulation, I have used 2L students to serve as neutral fact-finders for the 3L students in the course. Those 2Ls have given presentations on the risk of wind farms to crop dusters, bats, and birds.  They have discussed the risks of wind farms to cultural sites, to aviation safety, and to communication systems, including TV, radio, cellular, and aviation radar.  Most recently, two students discussed the economic impact of the proposed wind farm on the local tax base, tourism, and property values.

Last week, we talked about the difficulty of holding all this information "gently" while the group begins to see how all the puzzle pieces might fit together.

Last year, students gave the course good evaluations.  This past Thursday, this year's students provided evaluations.  I hear several of them provided long written comments.  I look forward to reading them after I submit grades for the course.  I want to make the course better because it expresses my purpose for teaching and it expresses the purpose of my little mission-driven school.

Photo: 2013 students listening to a presentation about the archaeological, historic, and Native American cultural sites in the area.

sábado, 12 de abril de 2014

ShalePlay App Keeps Energy Clients Current











Positioning your Law Firm 
as an Expert




Blogger Mark Beese, at Attorney at Work, reports on several presentations given at the recent conference of legal marketing professionals.  This story about "valuable free content" offered to energy law clients caught my eye.  
Paul Grabowski, CMO of Bracewell Guiliani, gave a behind-the-scenes tour of what it takes to produce an award-winning mobile app. Targeting energy companies, Bracewell’s free “ShalePlay” app provides a stream of news, analysis and legal commentary on the hydraulic fracturing industry segmented by geographic shale “plays” throughout the U.S. 
The process of creating the app took 14 months, and was a cross-disciplinary collaborative effort of in-house staff, attorneys and outside designers that required strong project management and a good budget. More than 10 software tools were involved in development, design and usage metrics. 
Grabowski’s lessons learned? 
  • Create a useful tool for clients that shares information or resources — not a brochure or directory of your firm.
  • Make it simple and fun to use.
  • Limit self-promoting content to 10 percent.
  • Innovation and creativity in law firms are fertile soil for skepticism, group-think and Murphy’s Law. Be prepared for surprises, delays and cost overruns.
ShalePlay, which received a 2014 LMA “Your Honor” award, has been promoted through multiple channels, including industry conferences and email promotions. Word of mouth, however, seemed the main driver of the thousands of downloads in its first week of release. 
The fracking glossary and news feeds have been such a valuable resource, some clients and prospects have made the app required reading for landmen and energy executives.
The iTunes Store description provides: "Requires iOS 6.0 or later. Compatible with iPhone, iPad, and iPod touch. This app is optimized for iPhone 5."

sábado, 1 de fevereiro de 2014

Appalachian School of Law is in the Super Bowl!




Ad Featuring 
our 
Educational Program



Dear ASL Community:


Thanks to the generosity of one of our founding Trustees, Joe Wolfe, the Appalachian School of Law will be featured in a Super Bowl commercial.

The 30-second spot will air during the second half of the game on WEMT, the Fox affiliate in Bristol, Virginia: http://www.wcyb.com/fox-tri-cities/super-bowl-xlviii/-/23965940/-/expsyf/-/index.html.

I have the honor of introducing the commercial, which features a photo montage of the law school and our students, and which emphasizes our focus upon community service, non-traditional students and natural resources law. At the insistence of the Other Professor Harris, it also features the ASL Softball Team.


After the Super Bowl, the spot will air extensively for several weeks, both on WEMT and on its sister station, WCYB, the NBC affiliate in Bristol.

I hope that you can catch the commercial during the game, but, in case you miss it, I’ll be posting a video online later.

And, for all of you ASL folks: if you happen to see Joe Wolfe, be sure to thank him. These commercials ain’t cheap.


Stewart Harris
Professor of Law
Appalachian School of Law

sexta-feira, 20 de dezembro de 2013

ASL's First January Intersession: Course Offerings





Appalachian School of Law 
Offers Two Courses 
Over the Winter Holiday Break 



January Intersession



Introduction to Natural Resources Law

ASL will offer this 2-credit hour course on its campus the week prior to the resumption of January classes (January 6-10, 2014). This intensive course will run from 9:00 a.m. to 4:00 p.m., Monday through Thursday, and 9:00 a.m. to noon on Friday. 

The course will familiarize students with the legal, business, and environmental aspects of the natural resources law. Although broadly covering natural resources, the course will include a basic introduction to the U.S. legal and governmental system relating to environmental, natural resource, and energy laws, including hard mineral law, oil and gas law, water law, environmental law, energy policy, land use law, renewable energy law, and issues related to climate change and sustainability. 

Four faculty members will co-teach the course. More specifically, they have designed the course to commit one-day to each of the following topics: energy law and policy, mineral law, natural resources law, and environmental law. And, the co-faculty will all attend the panel discussion scheduled for the final day.


Professor Pat Baker, one of the co-faculty members for this course and the Director of the Natural Resources Law Center, explained:  

The Natural Resources Law Program proudly continues to innovate and offer specialized classes that provide our students with real world exposure to today’s energy issues, problems, and solutions. This course is just another step in our commitment to creating the policy makers and lawyers of tomorrow.
Lawyerpreneur


ASL will also offer this 2-credit hour course on its campus the week prior to the resumption of January classes (January 6-10, 2014). This intensive course will run from 9:00 a.m. to 4:00 p.m., Monday through Thursday, and 9:00 a.m. to noon on Friday. 

The Lawyerpreneur course helps bridge the gap between academic study and a career in the legal field by having students work on legal problems that lawyers and professionals in law-related fields are asked to solve. 

Students will work individually and collaboratively in teams, acting similarly to junior associates at a law firm.  They will identify client goals and develop sound ideas and work product that address those goals. 

Just like in the real world, the instructor, who has significant private practice experience, will expect students to complete tasks within time-intensive constraints.  The professor, student peers, possibly guest evaluators and clients will assess students.  Students will also engage in self-assessment.

Students will use legal research, writing, analysis, and oral communication skills, combined with practical judgment and ethical/moral considerations to help clients resolve problems in creative, innovative, and legally sound ways. Students will also develop an appreciation for the skill-set needed to be an effective advocate and will learn how to think like a lawyer, a business person, and an entrepreneur. Students should expect to bounce between tasks of varying complexity within very short windows of time.

To Register:

To register for any of the courses, please complete this registration form and/or contact our Admissions Office at admissions@asl.edu or at 1-800-895-7411. 

Current ASL JD and Master's (MLS) students should not use this registration form. Instead, please contact the Registrar, Eric von Kleist at ekleist@asl.edu,  for registration and pricing information.

quarta-feira, 4 de dezembro de 2013

Law Practice Areas: What's Hot?







"What Hot's and What's Not in the Legal Profession"

Red Hot practice areas?  Energy, regulatory, health care.

Hot practice areas?  Financial services, IPOs, litigation, labor and employment, intellectual property, real estate, and corporate.

Getting Hot?  Interns rights, privately held and family business, education, elder law, and ADR.

So says Bob Denny in his 25th trends report released on December 3, 2013.

Bob Denny, founder of Bob Denny Associates, Inc., identifies trends in the legal profession at least once a year.  His last report came out in June 2013.

His consulting firm, founded in 1974, provides management, marketing and strategic planning services to over 800 companies, professional firms, and non-profit organizations throughout the United States, as well as in Canada and the Caribbean.

His report also identifies practice areas seeing less action (cooling off), the hot geographic areas for law, marketing and business development trends, and other trends and issues.

Historical Trends (2007-2013)

I've followed these reports closely since 2007, when I started using them to suggest to students that taking my ADR course reflected good judgement. ADR-related practice areas (ADR, mediation, and post-arbitraiton litigation) have made the "hot" lists (red hot, hot, or getting hot) four times in the six years I have tracked (2007 to 2012) the reports.  ADR practice appears again on the most recent report along with the comment that "the high cost of litigation has reawakened interest in mediation and arbitration."


Energy and environmental law (including global warming and alternative energy) have appeared on the hot lists of the reports seven times for the years 2007-2012, and "energy" appears again on the 2013 report as "red hot."   Denny also explains that Ohio, West Virginia, and Western Pennsylvania are hot geographic areas "due to energy, particularly the Utica Shale Play."

Litigation and related practice areas (commercial litigation, complex litigation, asbestos litigation, and nursing home litigation) appear on a hot list in every report since 2007.

Regulatory practice, identified as "red hot" in the latest report, did not begin to appear on the hot list until 2009, but then has stayed red hot or hot every year since.

Similarly, health care did not make an appearance on a hot list until 2009, but then made the hot list the last four years, including 2013.

Labor and employment law has appeared on one of the hot lists for five years, plus appearing on the hot list in the latest report.

This news is all good for students and prospective students at ASL.  We have a unique ADR program, a growing natural resources, energy and environmental law program, and a well-established, award-winning, advocacy program.  ASL offers a certificate in each practice area -- ADR, Natural Resources, and Advocacy -- which helps our students develop deep competency and a credential that helps them market themselves.

ASL's Professor Isaac has begun building a robust curriculum in employment law, including workers' compensation, and has tied the curriculum to the ADR options available to disputants.  And, ASL will launch a health care curriculum in the Spring 2014 semester

domingo, 6 de outubro de 2013

Pro Bono Legal Service Opportunity: The Great Eastern Trail Project


Appalachian School of Law Students 
Help Build the Great Eastern Trail

Students at the Appalachian School of Law organized to help with the title work associated with building the Great Eastern Trail Project. In August of 2007, the trail groups involved in the effort incorporated as the Great Eastern Trail Association and held an organizational meeting in Virginia in November of 2007.

Project organizers intend to establish an organizational structure that will encompass the entire length of the trail and to begin filling in the gaps in the trail.

About the GET Project

The Great Eastern Trail (GET) Association, working with American Hiking Society and local trail partners, is creating America's newest long-distance hiking trail. 

This path runs for 1800 miles across nine states.  It runs roughly parallel to the Appalachian Trail, but follows the ridges on the Western side of the Appalachian Mountains.  Its path takes it close to Buchanan County and the law school. 


The Great Eastern Trail provides a premier hiking experience on a series of existing trails that are being linked to each other from Alabama to the Finger Lakes Trail in New York.

Benton MacKaye’s original vision for an Appalachian Trail (AT) in the 1920's showed a network of “braided” trails running the length of the Appalachian Mountains. In 2000, Lloyd MacAskill, of the Potomac Appalachian Trail Club, published an article in the Appalachian Trailway News calling attention to the existing trails to the west of the AT and saying, “Don’t look now, but parts are already in place."

Existing volunteer trail clubs, augmented -- where necessary -- by new volunteer groups, provide the work needed to complete the trial.  They work closely with governmental entities, but the GET Association continues to emphasize volunteerism.

GET will primarily host hikers. Parts of existing trails -- where local public land managers welcome non-motorized riding activities -- will host equestrians and mountain bikes. The Trail, however, will not host motorized vehicles. Organizers intend to avoid roads entirely.


ASL Student Volunteerism

Students of the Appalachian School of Law assisted the GET Trail Project by ascertaining the ownership of real estate in Buchanan County that would become part of the trail.  After students accurately determined the current owners of the various estates in a piece of land, GET could then secure rights of way and easements needed to place the trail segments on these properties.

In Buchanan County, VA -- as with many other mineral rich areas -- the estates in a majority of the lands are divided by a mineral severance. Therefore, any given piece of land will have both a surface owner and a separate mineral owner. Further, other interested parties may have obtained a right of way, thus granting them access to certain portions or to all of the property in question.

The Title Search Process

This project requires students to learn and use title search skills applicable in many legal contexts -- real estate law, estate planning, and natural resource law. 

In determining property ownership, students reviewed records from at least three sources:  the offices of the Buchanan County Treasurer, the Circuit Clerk, and the Commissioner of Revenue.

Typically, the student starts with the records of the County Treasurer’s Office. Tax records usually reveal ownership of a piece of property.

Next, the student talks with the staff of the Circuit Clerk's Office. The Circuit Court and its clerks maintain real estate documents, including deeds, leases, or deeds of trust. Using the Grantor-Grantee indexing system -- used for collecting and sharing records of the ownership of real estate -- a student searches the Grantee index. For deeds issued from 1976 to present, public computers in the deed room catalog these records. For older deeds, a student resorts to the musty old books kept in this office. In the case of a devise by will or the death of an owner without a will, a student researches the Will Index. A will or list of heirs will stand as the conveying document. In that case, the student locates the previous deed to the decedent as a reference for the current owners.

Next, the student determines who has any other rights in or on the property. Typically, students must identify the mineral rights owners and leasehold owners in this coal-rich part of the United States.

Finally, the Commissioner of Revenue’s Office -- located on the first floor of the Buchanan County Courthouse -- keeps track of all the real estate dealings and personal property in the county.  It sends this information to the Treasurer’s Office for taxing purposes. Personnel in this office "know practically where everything is and certainly who should be paying taxes on what." In addition, they will have helpful information about tax exempt entities owning property, like a church and government agency, which does not show up in tax record searches.

If anyone knows the status of this local project, or the faculty members serving as advisors, please let me know.

Other Pro Bono Legal Service 
Opportunities at ASL

The Appalachian School of Law offers three pro bono service programs. Students can also participate in the Court Appointed Special Advocates (CASA) program, profiled here, or a tax form preparation program called VITA, profiled
here.

Postscript

Doug Adkins, an ASL alumnus and current Director of our Writing Center provided this update:
The Great Eastern Trail project is still in the purview of Buchanan County. However, currently the county has shifted the project to include an All-Terrain Vehicle trail system. The reason for this is the economic impact that it may have on the community. The officials of the county believe that an ATV trail would be a bigger draw for tourism. The student aspect is still the same, and I'm currently working with several ASL students. They assist not only in the title research, but legal research as well.
Related Posts Plugin for WordPress, Blogger...