Energy & Mineral Law Foundation
Winter Workshops on Energy Law
February 4-6, 2010
About the speakers . . .
Christopher K. Carr, Vinson & Elkins LLP, Washington, DC
Chris advises on a variety of environmental matters including those involving climate change,
transactional and regulatory matters, and environmental enforcement and litigation. Chris
recently served two years as senior counsel at The World Bank, where he acted as a legal advisor
to the Bank's Carbon Finance Unit on carbon credit transactions under the Kyoto Protocol. Chris
is a member of V&E's Climate Change practice group.
Mr. Carr earned his J.D. from Columbia University School of Law in1996 (Articles
Submissions Editor, Columbia Journal of Environmental Law; Co-Director,
Environmental Law Society, 1994 - 1995; Harlan Fiske Stone Scholar, 1994 - 1996;
Alfred S. Forsyth Award for excellence in environmental law studies). He received his
B.A. in English from Brown University, magna cum laude, 1988 (Phi Beta Kappa). He is
admitted to practice: Maryland, 1996; District of Columbia, 1997.
Mr. Carr is Vice Chair for Climate Change: Sustainable Development, Ecosystems and
Climate Change Committee, Environment, Energy, and Resources Section, American Bar
Association, 2007 - 2008; a Member: Environment, Energy, and Natural Resources
Section, District of Columbia Bar Association; and Co-chair, Climate Change
Committee, American Council on Renewable Energy.
Christopher K. Carr, Vinson & Elkins LLP, The Willard Office Building, 1455 Pennsylvania
Ave. NW, Ste. 600, Washington, DC. Phone: 202.639.6764. Email: ccarr@velaw.com.
Nick Carter, Natural Resource Partners L.P., Huntington, WV
Nick is President and Chief Operating Officer of Natural Resource Partners L.P. and its
subsidiaries (NRP) as well as Western Pocahontas Properties Limited Partnership and
New Gauley Coal Corporation. NRP is a publicly traded master limited partnership
(NYSE:NRP). These companies have extensive coal and surface holdings in Appalachia,
the Illinois Basin and the West. He and his staff of 45 professionals interface with the coal
and timber industries and the various associations and governmental entities related to
them. He is Chairman of the National Council of Coal Lessors, Past-Chairman of the
Huntington Regional Chamber of Commerce, the West Virginia Chamber of Commerce
and Junior Achievement of the Ohio Valley and is a board member of the National Mining
Association, American Coalition for Clean Coal Energy, Kentucky Coal Association,
West Virginia Coal Association, Indiana Coal Council, WV Clay Center for the Arts and
Sciences and Foundation for the Tri-State Community, Inc. He also serves on the board of
Community Trust Bancorp, Inc. (NASDAQ: CTBI), Vigo Coal, Inc. and Carbo*Prill, Inc.
Nick is a graduate of the 1989 Class of Leadership Kentucky and the 1993 Class of
Leadership West Virginia. He has served as Chairman of the Elder Board and as a youth
group leader at First Christian Church, Ashland, Kentucky. Prior to his current position,
Nick was with MAPCO Coal for eight years and before that was in private law practice in
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Lexington, KY. Nick holds B.S. and J.D. degrees from the University of Kentucky and an
M.B.A. from the University of Hawaii.
Nick Carter, President & COO, Natural Resource Partners L.P., 5260 Irwin Road, Huntington,
WV 25705. Phone: 304.522.5757. Email: ncarter@wpplp.com.
Abbie L. Cohen, Dechert LLP, Philadelphia, PA
Abbi L. Cohen, recognized as a leading environmental lawyer by Chambers USA,
focuses her practice on evaluating environmental liabilities associated with corporate,
real estate, and financing transactions – including with respect to renewable energy – and
providing both state and federal permitting and regulatory compliance advice. She has
assisted clients in siting and permitting industrial facilities, including resource recovery
and cogeneration facilities, as well as power plants.
Ms. Cohen has provided environmental advice with respect to more than a thousand
business transactions. She has assisted one of the leading U.S. rating agencies in
developing environmental assessment and insurance criteria and in evaluating the
potential impact of environmental conditions on mortgage-backed securities in numerous
transactions involving portfolios consisting of multiple properties. She has also advised
clients on structuring transactions to minimize environmental liabilities, negotiating
strategies, and in preparing relevant provisions in transaction documents in connection
with acquisitions, divestitures, and financings. She has participated in supervising
environmental consultants throughout North America, South America, Europe, and Asia.
Ms. Cohen participated on behalf of the Mortgage Bankers Association in EPA's
negotiated rulemaking on the "All Appropriate Inquiry" standard for the federal
superfund statute. She has been an active member of the BNA Environmental Due
Diligence Advisory Board. Ms. Cohen has also chaired the "Appropriate Inquiry" Task
Force and co-chaired an Environmental Insurance Task Force for the Mortgage Bankers
Association of America. She is a member of the Environmental Policy Committee of the
Real Estate Round Table as well as several other national real estate, energy, and
environmental organizations. In addition, Ms. Cohen actively participates on the
Environmental Committee of ASTM, the industry standard setting organization, which
has established a number of widely used environmental standards. She also lectures and
writes frequently on environmental topics in business transactions. Ms. Cohen is
recognized as a leading lawyer by the International Who's Who of Environmental
Lawyers and Best Lawyers in America as well as Chambers USA, a referral guide to
leading lawyers in the United States.
Ms. Cohen is a member of the Pennsylvania Bar.
Ms. Cohen is a graduate of Barnard College (B.A., high honors in economics, magna
cum laude, 1980), Phi Beta Kappa, and the University of Pennsylvania Law School (J.D.,
1983).
Abbi L. Cohen, Dechert LLP, Cira Centre, 2929 Arch Street, Philadelphia, PA 191043808. Phone: 215.994.2352. Email: abbi.cohen@dechert.com.
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Kelvin J. Dowd, Slover & Loftus LLP, Washington, DC
Mr. Dowd specializes in the representation of corporations, cooperatives, states and
municipalities in rail transportation and utility fuel supply and logistics matters. His
expertise extends to strategic development, commercial negotiation, arbitration, and
litigation in civil courts as well as before regulatory agencies.
Mr. Dowd has been active on behalf of electric utilities in most of the significant rail
merger and rail coal rate disputes arising before Surface Transportation Board and its
predecessor agency since the late 1970s. These include the ground-breaking San Antonio
rate litigation, the BN-Santa Fe, and UP-SP mergers, and litigated on settled coal rate
cases brought by utilities such as Dayton Power & Light, Arizona Electric Power
Cooperative, American Electric Power and Kansas City Power & Light Company. Mr.
Dowd represented the State of New York and Consumers Energy Company in connection
with the acquisition and division of Conrail. He also has assisted electric utilities in all
regions in connection with the development and implementation of strategies for the
economic procurement of fuel supply and transportation services, both for existing and
new generation resources.
Mr. Dowd has played a major role in the evolution of legal and regulatory standards
affecting the growth of the regional railroad industry. In addition to assisting
entrepreneurs in establishing new regional railroads, Mr. Dowd acted as lead counsel in a
number of cases before the STB and the federal Courts of Appeals which defined the
nature of the relationships between small railroads and their employees.
Among Mr. Dowd's published articles is "Break the Bottleneck: Recent Decisions Ensure
That Bottleneck Rates Remain a Problem on the Rails." (Legal Times, August 18,
1997)(co-authored with Robert D. Rosenberg). He is also a frequent presenter at rail
transportation and electric utility-related conferences.
Mr. Dowd received his B.A. from State University of New York at Albany and his J.D.
from American University.
Kelvin J. Dowd, Slover & Loftus LLP, 1224 Seventeenth Street NW, Washington, DC
20036. Phone: 202.347.7170. Email: kjd@sloverandloftus.com.
Peter C. Evans, GE Energy Infrastructure, Atlanta, GA
Peter C. Evans leads the Global Strategy and Planning team at GE Energy Infrastructure,
which is responsible for tracking and analyzing political, economic and regulatory policy
trends around the world and the related implications for GE Energy’s long-term strategy.
He oversees the Carbon, Fuels and Policy Centers of Excellence as well as scenario
planning projects for the business. Prior to joining GE, he was Director, Global Oil, and
Research Director of the Global Energy Forum at Cambridge Energy Research
Associates (CERA). He also worked as an independent consultant for a variety of
corporate and government clients, including Rio Tinto, American Superconductor
Corporation, US Trade Promotion Coordinating Committee, US Department of Energy,
the Organization for Economic Cooperation and Development, and the World Bank. Dr.
Evans has extensive international energy experience, including two years as a
Visiting Scholar at the Central Research Institute for the Electric Power Industry in
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Tokyo, Japan. His many articles and policy monographs include Japan: Bracing for an
Uncertain Energy Future (Brookings Institution, 2006), Liberalizing Global Trade in
Energy Services (AEI Press, 2002), and “International Conflict and Cooperation in
Government Export Financing” (Institute for International Economics, 2001). He also coauthored CERA’s global energy scenario study “Dawn of a New Age: The Energy Future
to 2030”. Dr. Evans holds a BA in Government and Public Policy from Hampshire
College, an M.C.P. in Economic Development and Regional Planning from MIT, and a
Ph.D. in Political Science from MIT.
Peter Evans, Director, Global Strategy and Planning, GE Energy Infrastructure, 4200
Wildwood Parkway, Atlanta, GA 30339. Phone: 678.844.7690. Email:
peter.evans@ge.com.
Jerry M. Eyster, GE Energy Financial Services, Stamford, CT
Jerry Eyster leads GE Energy Financial Services’ investment strategy efforts related to
greenhouse gas regulation and coal. He serves as GE Energy Financial Services’ liaison
to GE’s overall corporate team developing public policy positions on various issues,
including greenhouse gas regulation, and helps deal teams identify and evaluate
investment and financing opportunities.
Mr. Eyster has accumulated more than 30 years of experience analyzing environmental,
coal, and electric power issues. He has extensive experience in energy and
environmental consulting, having worked at Pace Global Energy Services, PA
Consulting, PHB/Hagler Bailly, Fieldston Consulting, and ICF. He served as vice
president of Corporate Development with A. T. Massey Coal Company and worked in
business development at Shell Coal International in London and Scallop Coal in New
York. He also worked for the Energy Information Administration as director of the
Electric Power Division. In the early 1990s, he served on the EPA Acid Rain Advisory
Board helping the agency draft regulations implementing the Acid Rain provisions of the
Clean Air Act.
Mr. Eyster graduated from Yale University, where he received a B.A. in Political Science
and Economics. He earned a M.B.A. from the Stanford Graduate School of Business.
GE Energy Financial Services’ 350 experts invest globally with a long-term view, backed
by the best of GE’s technical know-how and financial strength, across the capital
spectrum and the energy and water industries, to help their customers and GE grow. With
$17 billion in assets, GE Energy Financial Services, based in Stamford, Connecticut,
invests more than $5 billion annually in two of the world’s most capital-intensive
industries, energy and water.
Jerry M. Eyster, Senior Vice President, Investment Strategy, GE Energy Financial
Services, 120 Long Ridge Road 3B-1, Stamford, CT 06927. Phone: 203.357.6923.
Email: jerry.eyster@ge.com
Nicholas R. Glancy, Attorney at Law, Lexington, KY
Nicholas R. Glancy is an attorney in Lexington, Kentucky where his practice focuses on
coal transactions. He is a native of Ashland, Kentucky, and graduated from the
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University of Kentucky College of Law in 1980. Prior to forming Nicholas Glancy
PLLC, Mr. Glancy was a member of Frost Brown Todd, LLC. From 2006 to 2009 he
served as Chief Executive Officer of Rhino Energy LLC, a Lexington, Kentucky based
coal producer with operations in Kentucky, West Virginia, Ohio and Colorado. Mr.
Glancy currently serves as the non-executive Chairman of Rhino GP, LLC.
Before joining Rhino Energy, Mr. Glancy was as a founding member in 1997 of the law
firm of Sawyer & Glancy PLLC in Lexington, Kentucky. Prior to forming Sawyer &
Glancy, Mr. Glancy was a partner with the Lexington office of Greenebaum Doll &
McDonald from 1986 to 1997. Mr. Glancy is a member of the Kentucky Bar Association.
Nicholas R. Glancy, Attorney at Law, 444 East Main St., Suite 102, Lexington, KY 40507.
Phone: 859.255.8600. Email: nglancy@nglancy.com.
Vaughn R. Groves, Alpha Natural Resources, Abingdon, VA
Vaughn R. Groves is the Executive Vice President and General Counsel of Alpha Natural
Resources, Inc. (NYSE: ANR), one of the Appalachian region’s leading coal companies.
Prior to joining Alpha, Mr. Groves served as Vice President and General Counsel of
Pittston Coal Company from 1996 until October 2003, and as Associate General Counsel
of Pittston from 1991 until 1996. Before joining Pittston, Mr. Groves was associated
with the law firm of Jackson Kelly PLLC. Mr. Groves is also a mining engineer and
before obtaining his law degree, worked as an underground section foreman, construction
foreman and mining engineer for Monterey Coal Company, formerly a division of Exxon.
Vaughn R. Groves, Executive VP and General Counsel, Alpha Natural Resources, Inc.,
One Alpha Place, P.O. Box 2345, Abingdon, VA 24212. Phone: 276.619.4463. Email:
vgroves@alphanr.com.
Howard Gruenspecht, Energy Information Administration, Washington, DC
Howard Gruenspecht was named as Deputy Administrator of the Energy Information
Administration (EIA) in March 2003. Over the past 25 years, Howard K. Gruenspecht
has worked extensively on electricity policy issues, including restructuring and reliability,
regulations affecting motor fuels and vehicles, energy-related environmental issues, and
economy-wide energy modeling. Before joining EIA, he was a Resident Scholar at
Resources for the Future. From 1993 to 2000, Howard served as Director of Economic,
Electricity and Natural Gas Analysis in the Department of Energy's (DOE) Office of
Policy, having originally come to DOE in 1991 as Deputy Assistant Secretary for
Economic and Environmental Policy. His accomplishments as a career senior executive
at DOE have been recognized with three Presidential Rank Awards.
Prior to his service at DOE, Howard was Senior Staff Economist at the Council of
Economic Advisers (1989-1991), with primary responsibilities in the areas of
environment, energy, regulation, and international trade. His other professional
experience includes service as a faculty member at the Graduate School of Industrial
Administration, Carnegie-Mellon University (1981-1988), Economic Adviser to the
Chairman of the U.S. International Trade Commission (1988-1989), and Assistant
Director, Economics and Business, on the White House Domestic Policy Staff (19781979).
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Howard received his B.A. from McGill University in 1975 and his Ph.D. in Economics
from Yale University in 1982.
Howard Gruenspecht, Deputy Administrator, Energy Information Administration, EI-1,
1000 Independence Ave., S.W., Room 2H-027, Washington, DC. Phone: 202.586.6351.
Email: howard.gruenspecht@eia.doe.gov.
James Heller, Hellerworx, Inc., Chevy Chase, MD
Jamie Heller is President of Hellerworx, Inc., which he founded, and now works happily
from his home where he intends to stay. For more than 32 long years Jamie has been a
consultant in energy, environmental and transportation matters. He was formerly a Senior
Partner with PA Consulting, a UK-based management consulting firm, but had trouble
working for others so he left. Prior to that, he was the founder and President of Fieldston
Company, Inc., a Washington, D.C.-based economic consulting firm, Fieldston
Publications, publisher of business-to-business newsletters, and co-founder of Fieldston
Transportation Services, a railcar management services firm. In 1998, when in a fit of
irrational exuberance consulting firms went public, he sold all of the businesses.
His areas of focus are strategic planning, market analysis and contracting matters in the
energy, transportation and environmental fields with specialties in coal and
transportation. He has testified as an expert in numerous matters regarding coal markets,
transportation markets, and environmental concerns in the U.S. and abroad. Mr. Heller is
the author of two highly unprofitable books on coal and coal transportation. He has an
M.B.A. from Harvard Business School and an electrical engineering degree from
Northwestern University.
Jamie Heller, President, Hellerworx, Inc., 4803 FalstoneAvenue, Chevy Chase, MD
20815. Phone: 301.654.1980. Email: Jamie@hellerworx.com.
O. Eugene Kitts, International Coal Group, Scott Depot, WV
Gene Kitts joined International Coal Group in May 2005 as its Senior Vice President –
Mining Services where he has management responsibilities for new project design and
development, environmental compliance, safety, regulatory permitting, geology and
exploration, information technology and operations support.
Prior to joining ICG, Kitts was vice president of environmental and technical affairs for
Arch Coal’s Eastern Operations where among other duties he managed the design and
development of the Mountain Laurel Complex in Logan County, WV. He also
supervised the redesign and subsequent permitting activity for Arch Coal’s Spruce Mine
in what was thought to be a successful effort to resolve U.S. Environmental Protection
Agency objections. Before his tenure at Arch Coal, Kitts was a principal of Summit
Engineering, Inc., a regional mining engineering firm serving Central Appalachia.
Earlier in his career, Kitts held executive management positions with various Massey
Energy subsidiary companies.
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He has been active in issues related to coal mining and regulatory compliance for much
of his career and is currently the chairman of the West Virginia Coal Association’s
Environmental / Technical Committee.
A 1977 graduate of West Virginia University with a bachelor’s degree in civil
engineering, he is a registered professional engineer in West Virginia and Kentucky.
O. Eugene Kitts, Senior Vice President – Mining Services, International Coal Group,
Inc., 300 Corporate Centre Drive, Scott Depot, WV 25560. Phone: 304.760.2400.
Email: GKitts@intlcoal.com.
Kenneth E. McDonough, American Electric Power Service Corp., Columbus, OH
Ken McDonough is Assistant General Counsel – Real Estate for American Electric
Power in Columbus, Ohio. Ken heads up the Real Estate Practice in the AEP Legal
Department, and provides legal advice and support to AEP's real estate, right of way,
generation, and hydro operations. Ken is a graduate of Purdue University (B.A. – 1974)
and the Indiana University School of Law – Indianapolis (J.D. – 1978). Before joining
AEP in 1983, Ken was an attorney for Public Service Indiana from 1978 to 1983. Ken is
licensed to practice in Indiana and Ohio.
Kenneth E. McDonough, American Electric Power Service Corp., 1 Riverside Plaza, 29th
Floor, Columbus, OH 43215. Phone: 614.716.1696. Email: kemcdonough@aep.com.
C. David Morrison, Steptoe & Johnson PLLC, Clarksburg, WV
C. David Morrison, Steptoe & Johnson PLLC, is Chair of the firm’s Labor and
Employment Department. His office is located in Clarksburg, West Virginia. He has 28
years of experience in employment counseling, supervisory training and litigation in state
and federal court as well as before federal agencies such as the NLRB. In addition,
Mr. Morrison handles “deliberate intent” claims on behalf of employers in West Virginia.
Currently, Mr. Morrison is President of the Energy & Mineral Law Foundation, a
permanent member of the Fourth Circuit Judicial Conference, a member of the
Employment Law Committee of the West Virginia State Bar, and a member of the
Employment Law Section of the American Bar Association. He is also a member of the
Board of Directors of 20/10 Consulting, LLC and the Harrison County YMCA. He
chaired the Academic Excellence Committee for Harrison County Catholic Schools for a
number of years. He is a past member and executive committee member of the Board of
Trustees of Alderson-Broaddus College, where he served for 12 years. He has also
coached youth league sports for 27 different seasons.
Mr. Morrison has been recognized by Chambers USA as a “leading lawyer” for
employment law since 2004, has been listed in “Best Lawyers in America” for
employment, labor law and mining law since 2005, and has been identified as a West
Virginia “Super Lawyer” in employment law since 2006. He has presented over 75
seminars, and has served as an adjunct lecturer on both trial advocacy and pre-trial
strategies at West Virginia University College of Law. He also coached the West
Virginia College of Law National Moot Court Team for four years.
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C. David Morrison, Steptoe & Johnson PLLC, Chase Tower, Sixth Floor, 229 Main Street,
Clarksburg, West Virginia 26301. Phone: 304.624.8113. Email: david.morrison@steptoejohnson.com.
Jill K. Mulligan, Senior General Attorney, BNSF Railway Company
Jill K. Mulligan is a Senior General Attorney for BNSF Railway Company. Prior to
joining the BNSF Law Department in 2007, Jill practiced law with the transportation law
group at Steptoe & Johnson, LLP, a large international firm based in Washington, D.C.
She is a member of the bars of the District of Columbia and the State of Illinois.
Jill provides commercial legal advice to members of BNSF marketing department,
including the equipment, price management and business unit operations groups, on
matters ranging from contract negotiations and regulatory compliance to commercial
disputes. She also represents BNSF in promoting sound regulatory policy and initiatives
before the Surface Transportation Board (STB) in economic regulatory rulemaking and
adjudicatory proceedings, including rate reasonableness proceedings. She also handles
mediation, arbitration and litigation arising from BNSF’s commercial transportation
arrangements, with a primary focus on the agricultural and coal business units.
Jill serves on the Board of the Association of Transportation Law Professionals and is a
co-chair of the Railroads Committee of the ABA Section on Public Utility,
Communications and Transportation Law. Jill received Bachelors Degrees in History
and Political Science from the University of Illinois and her J.D. from Harvard Law
School where she was the Secretary of the Harvard Women’s Law Journal. Prior to
attending law school, Jill served on the Washington D.C. staff of U.S. Representative
Bruce F. Vento (Minn. 4th District).
Jill K. Mulligan, Senior General Attorney, BNSF Railway Company, 2500 Lou Menk
Drive, Fort Worth, TX 76131. Phone: 817.352.2353. Email: Jill.Mulligan@BNSF.com.
Kirsten L. Nathanson, Crowell & Moring LLP, Washington, DC
Kirsten L. Nathanson is a partner in the Washington, D.C. office of Crowell & Moring
LLP and a member of the firm's Environment & Natural Resources Group. Her practice
primarily involves environmental litigation, enforcement defense, risk assessment, and
regulatory counseling under all major federal environmental and public lands statutes,
with litigation experience involving the Clean Water Act, Clean Air Act, Endangered
Species Act, NEPA, FLPMA, SMCRA, and CERCLA. Her current work includes serving
as national coordinating counsel to a major corporation in its toxic tort litigation and
defending a wind energy project in a citizen suit under the Endangered Species Act.
She has represented national trade associations and individual regulated entities in
nationwide regulatory challenges, Administrative Procedure Act litigation, EPA civil and
criminal enforcement actions, CERCLA cost recovery actions, brownfield
redevelopments, and citizen suit litigation. Her experience includes federal district court
trial practice and federal appellate oral arguments. She also represents corporations
involved in complex multi-party Superfund sites, including the Berry's Creek Study Area
and the Lower Passaic River Study Area, both in New Jersey. She is admitted to practice
before the U.S. Supreme Court and numerous federal appellate and district courts
nationwide.
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Kirsten currently serves as the Vice President and President-Elect of the Energy &
Mineral Law Foundation and also leads the Crowell & Moring Women Attorneys'
Network. She obtained her B.A. cum laude from the University of Pennsylvania and her
J.D. with high honors from the George Washington University Law School, where she
was an editor on the Law Review and a member of The Order of the Coif.
Kirsten L. Nathanson, Crowell & Moring LLP, 1001 Pennsylvania Avenue, NW,
Washington, D.C. 20004-2595. Phone: 202.624.2887. Email: knathanson@crowell.com.
Roger L. Nicholson, International Coal Group, Inc., Scott Depot, WV
Roger L. Nicholson is the Senior Vice President, General Counsel and Secretary of
International Coal Group, Inc., a leading Central and Northern Appalachian coal producer
with complementary operations in the Illinois Basin. International Coal Group, Inc. is
publicly traded on the New York Stock Exchange.
Prior to joining ICG in April 2005, Mr. Nicholson was a member of Jackson Kelly,
PLLC. His practice focused on energy and natural resource transactions. Before joining
Jackson Kelly, PLLC in April 2002, Mr. Nicholson served as Vice President, Secretary
and General Counsel of Massey Energy Company, a New York Stock Exchange listed
company.
Mr. Nicholson is admitted to practice law in Kentucky and West Virginia. He is a
Trustee-at-Large of the Energy and Mineral Law Foundation. He earned a B.S. in
economics from Georgetown College and a J.D. from the University of Kentucky.
Roger L. Nicholson, Senior VP, Sec. & General Counsel, International Coal Group, Inc.
300 Corporate Centre Drive, Scott Depot, WV 25560. Phone: 304.760.2616. Email:
RNicholson@intlcoal.com.
Kurt Oehlberg, FBR Capital Markets, New York, NY
Kurt Oehlberg is a Managing Director in Energy & Natural Resources Investment
Banking at FBR Capital Markets & Co. and is responsible for the coal and mining
investment banking activities of the firm which include Mergers & Acquisitions advisory
work, equity and debt capital raising and general corporate finance advisory.
He has enjoyed (sometimes) a 25 year career as an investment banker and his experiences
encompass advising such energy and mining clients as BP, Rio Tinto, Anglo American,
Newmont, Arch Coal, Consol Energy, AEP, Pittston, Mobil and Transco Energy, among
others. His experiences include meaningful involvement in more than 50 completed coal
M&A transactions as well as other financing and advisory assignments in coal, coal bed
methane, coal transportation, mining equipment manufacturing, hard rock mining, oil &
gas exploration and production; and include both U.S. and international assignments.
Prior to joining FBR Capital Markets in late 2008, Mr. Oehlberg spent 10 years as a
Managing Director covering the mining and natural resources sector as an investment
banker for Rothschild, Inc, and for 14 years prior to that, in similar mergers &
acquisitions advisory capacities with Chase Securities/Chase Manhattan.
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Kurt Oehlberg, Managing Director, Energy & Natural Resources, FBR Capital Markets,
299 Park Avenue, New York, NY. Phone: 212.381.9214. Email: koehlberg@fbr.com.
Michael J. Quillen, Alpha Natural Resources, Inc., Abingdon, VA
Michael J. Quillen is executive chairman of the board. Prior to the merger with
Foundation Coal, Mr. Quillen served as Alpha’s chief executive officer and was a
member of Alpha’s board of directors since Alpha’s formation in November 2004.
He served as Alpha’s president until January 2007 and was named chairman of the board
of directors in October 2006. Mr. Quillen joined Alpha’s management team as president
and the sole manager of Alpha Natural Resources, LLC, Alpha’s top-tier operating
subsidiary, in August 2002, and has served as chief executive officer of Alpha Natural
Resources, LLC since January 2003. He also served as the president and a member of the
board of directors of ANR Holdings, LLC, Alpha’s former top-tier holding company,
from December 2002 until ANR Holdings, LLC was merged with another of Alpha’s
subsidiaries in December 2005, and as the chief executive officer of ANR Holdings, LLC
from March 2003 until December 2005. From September 1998 to December 2002,
Mr. Quillen was executive vice president — Operations of AMCI Metals and Coal
International Inc., a mining and marketing company (“AMCI”). While at AMCI, he was
also responsible for the development of AMCI’s Australian properties. Mr. Quillen has
over 30 years of experience in the coal industry starting as an engineer. He has held
senior executive positions in the coal industry throughout his career, including as vice
president — operations of Pittston, president of Pittston Coal Sales Corp., vice president
of AMVEST Corporation, vice president — operations of NERCO Coal Corporation,
president and chief executive officer of Addington, Inc. and manager of Mid-Vol
Leasing, Inc. Mr. Quillen serves on the board of directors and as a member of the
compensation committee, ethics, environment, safety and health committee and the
finance committee of Martin Marietta Materials, Inc., a leading producer of construction
aggregates in the United States.
Michael J. Quillen, Executive Chairman, Alpha Natural Resources, Inc., One Alpha Place,
P.O. Box 2345, Abingdon, VA 24212. Phone: 276.619.4410. Email: mquillen@alphanr.com.
Marco M. Rajkovich, Jr., Rajkovich, Williams, Kilpatrick & True, PLLC, Lexington, KY
Marco Rajkovich is a member of the Lexington, Kentucky law firm of Rajkovich,
Williams, Kilpatrick & True, PLLC and concentrates his practice in the areas of mine
safety and health, mineral and energy and administrative law. He is a Licensed
Professional Engineer – Mining, a Licensed Professional Land Surveyor and Certified
Underground Mine Foreman in Kentucky. Prior to his law career, he was with U.S. Steel
Mining Company, Inc. serving in various positions in engineering as well as production.
Marco is a 1977 graduate of the University of Kentucky College of Engineering where he
earned a Bachelor of Science degree in Civil Engineering with the Mining Option and
was a member of Chi Epsilon Civil Engineering Honorary. He is a 1987 graduate of the
University of Kentucky College of Law where he was a member of the Journal of
Mineral Law & Policy.
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Marco is an author and frequent speaker at various mining industry conventions,
meetings and seminars and a guest lecturer at the University of Kentucky College of
Engineering, College of Law and the Chase Law School of Northern Kentucky. He is a
contributor to The Coal Mining Reference Book (1997) and co-author of The Kentucky
Environmental Law Handbook, Government Institutes (1991, 1993). Marco is authorized
by the Kentucky Board of Licensure of Professional Engineers and Land Surveyors as an
instructor on ethics and minimum technical standards and has given national
presentations on ethics for the National Society of Professional Engineers.
Throughout his career, Marco has been involved in representation of mining and landholding companies in several mine explosions, disasters, major accident litigation and
mineral law issues in both federal and Kentucky state courts, and administrative tribunals,
some of which have gained national prominence. He has argued cases in front of the
Federal Mine Safety and Health Review Commission and the Court of Appeals of
Kentucky.
Marco has served as an officer and director of the Kentucky Engineering Foundation, a
member of the Executive Committee and Trustee of the Energy & Mineral Law
Foundation, a director of the Kentucky Coal Association and member of the KCA Health
and Safety Committee, Co-Chair of the Justice Committee of the Kentucky Appalachian
Advisory Council, Chair of the Governance Committee and member of the Financial
Council for the Catholic Diocese of Lexington, a lifetime appointee as Defender of the
Bond for the Tribunal of the Catholic Diocese of Lexington, Kentucky, Mission Network
Director of Regnum Christi, Emeritus Member of Legatus, Knight of the Equestrian
Order of the Holy Sepulcher of Jerusalem, director of Thy Kingdom Come Network, the
2008 Achievement in Mining Award for the Kentucky Society of Professional Engineers,
six-time recipient of the KSPE President’s Award, Chair of the Professional Engineers in
Mining Practice Group of KSPE, named in Best Lawyers in America, member of the
Kentucky Geological Survey Advisory Board, member of the Jessamine County Joint
Planning Commission, the NRCC Business Advisory Council 2005 Honorary Chairman
for Kentucky, the NRCC 2005 Business Man of the Year, NRCC 2006 Congressional
Medal of Distinction, Kentucky Bar Association Lifetime Fellow, Kentucky Colonel,
Kentucky Coal Baron, a Kentucky Superlawyer and a member of several national, state
and local mining industry organizations.
Marco M. Rajkovich, Jr., Rajkovich, Williams, Kilpatrick & True, PLLC, 2333 Alumni Park
Plaza, Suite 310, Lexington, KY 40517. Phone: 859.245.1059. Email: rajkovich@rwktlaw.com.
David G. Ries, Thorp Reed & Armstrong, LLP, Pittsburgh, PA
Mr. Ries is a partner in the Pittsburgh firm of Thorp Reed & Armstrong, LLP. He
focuses his practice in the areas of environmental, commercial and technology litigation.
He chairs the firm’s Technology Committee and has used computers in his practice since
the early 1980s. Mr. Ries has more than 30 years of experience in these areas of litigation
and has frequently lectured and written in this specialized area. He has recently addressed
in his practice and teaching such current issues as admissibility of expert opinions,
discovery of electronic evidence, environmental forensics, courtroom technology,
information security and records management requirements.
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Professionally he is active with many organizations, including: The Energy & Mineral
Law Foundation (President); International Society of Environmental Forensics; National
Ground Water Association; ASTM Committee E5O and Subcommittee E50.05
(developing standards for environmental forensics investigations); Air and Waste
Management Association; International Technology Law Association; Information
Systems Security Association; and Disciplinary Board of the Supreme Court of
Pennsylvania (Hearing Committee Chair and Member 1997-2003).
Mr. Ries attended Boston College, graduating Magna Cum Laude in 1971 and later
obtained his J.D. from Boston College as well. While there he was a member of the
Boston College Industrial and Commercial Law Review.
Mr. Ries is admitted to practice in the Commonwealth of Pennsylvania, the U.S. District
Court for the Western District of Pennsylvania, the U.S. Court of Appeals for the Third
Circuit, the U.S. District Court for the Western District of Michigan, the U.S. Court of
Appeals for the Sixth Circuit, and the U.S. District Court for the Eastern District of
Michigan. He is a member of the Pennsylvania Bar Association (Environmental, Mineral
and Natural Resources Law and Civil Litigation Sections); the Allegheny County Bar
Association (Chair, Technology Utilization Committee, past Chair, Environmental Law
Section; Member, Civil Litigation and Federal Court Sections); American Bar
Association (TECHSHOW Board; Section of Environment, Energy and Resources,
Litigation Section, Law Practice Management Section, Science and Technology Law
Section, and Information Security Committee).
David G. Ries, Thorp Reed & Armstrong, LLP, One Oxford Centre, 301 Grant St., 14th
Floor, Pittsburgh, PA 15219-1425. Phone: 412.394.7787. Email: dries@thorpreed.com.
George A. Rusk, Ecology & Environment, Inc., Lancaster, NY
Mr. Rusk has an extensive background in environmental law, specializing in the
review/analysis of federal and state environmental laws and regulations concerning
hazardous and solid waste, the control of toxic substances; occupational safety and
health; obtaining permits and evaluating environmental impacts associated with hard rock
and coal mine development and energy projects involving synthetic and alternative fuel
development, clean coal technology, and carbon-dioxide capture and sequestration
(CCS); assessing and quantifying functional impacts on headwater streams and natural
resource damages; developing restoration and compensatory mitigation programs
associated with current and historic mining operations and surface impoundment releases;
responding to enforcement actions resulting from the release of hazardous substances;
and implementing emerging greenhouse gas initiatives and trading programs. Directly
involved in project work, he directs permitting and environmental review activities on
large complex projects involving Integrated Gasification Combined Cycle (IGCC) and
OxyCoal Combustion power generation, CCS, wind and Liquid Natural Gas; coordinates
matters involving litigation and regulatory agency proceedings; tracks federal and state
energy and tax incentive programs; implements and oversees environmental due
diligence and regulatory compliance audits; and develops statutory and regulatory
recommendations to address liability and permit concerns associated with new policy
initiatives involving emerging issues such as CCS, greenhouse gas emissions and energy
efficiency.
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Mr. Rusk serves as Vice President of Ecology & Environment, Inc., which is an
international environmental consulting firm that specializes in climate change issues.
Recent project work includes the evaluation of carbon credit potential of energy project
in Europe, the assessment of coal mine mouth power plants fueled by CBM in China, the
permitting of clean coal combustion power plants, transmission lines, natural gas
pipelines and renewable wind, solar and geothermal projects; and the evaluation of
environmental, geological integrity, human health risk and liability concerns associated
with CCS.
Mr. Rusk earned his B.A. in Political Science at Yale University and his J.D. from State
University of New York at Buffalo.
George A. Rusk, Ecology & Environment, Inc., 268 Pleasant View Drive, Lancaster, NY
14086. Phone: 716.684.8060. Email: grusk@ene.com.
Sara G. Smith, Smith Management Group, Lexington, KY
Sara Smith is the President of Smith Management Group. She analyzes project risk
management, provides ongoing analysis of legal developments in the environmental
arena and directs interpretation of environmental regulations. Ms. Smith provides
consulting services to SMG clients with regard to project development, regulatory issues
and interface withagencies.
Ms. Smith received the first legal fellowship granted by the Institute for Mining and
Minerals Research under Title III of the Federal Surface Mining and Reclamation Act.
Prior to her legal practice, Ms. Smith worked as a title abstractor for an oil & gas
exploration and development company and as a surveyor. Ms. Smith has developed
experience as a transactional attorney, a certified mediator and as the senior manager for
Smith Management Group.
Ms. Smith's experience includes the following: principal responsible for development of
Kentucky's Energy Project Site Bank for renewable, nuclear and coal gasification energy;
assists clients with compliance with environmental, health & safety issues and regulations
– of environmental reports and plans for legal implications; Environmental Consultants
Advisory Board, DPIC (Chairman of Education Committee) 1994-2002; organizer and
facilitator for Kentucky’s Workgroup on Legal Issues of Carbon Sequestration; Advisory
Board, Center for Applied Energy Research, University of Kentucky, 2009; attorney for
seven years for corporate, banking, licensing and environmental issues at Kentucky's
largest legal firm.
Ms. Smith graduated from the University of Kentucky College of Law with Highest
Distinction. She earned her B.A. in American Studies at Temple University, summa cum
laude.
Ms. Smith is a Certified Mediator and is member of the Kentucky Bar.
Sara G. Smith, Smith Management Group, 1405 Mercer Road, Lexington, KY 40511.
Phone: 859.231.8936. Email: saras@smithmanage.com.
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Andrew D. Weissman, Energy Business Watch, FTI Consulting, Inc., Washington, DC
Andy, the Editor-in-chief and publisher of Energy Business Watch, is an expert on the
U.S. and global oil and natural gas, electricity and coal markets, commodities trading and
pricing, electric utility industry restructuring, regulatory policy, innovative deal
structuring, Clean Air Act issues, power supply planning and the emerging technologies
needed to provide alternative sources of energy. Andy helped pioneer the market for
trading emissions credits in the U.S, negotiating most of the early, trail-blazing deals.
Andy is nationally recognized for his expertise in the growing imbalance between supply
and demand in the U.S. and global oil and natural gas markets, the likely price impacts of
these imbalances, and the implications for the strategic plans of market participants. With
many of Andy’s earlier predictions having been borne out, his analyses of the natural gas
market are now widely sought out by senior executives of major energy companies,
investment firms, large energy users and senior government officials.
Andy is an honors graduate of Harvard Law School and member of the District of
Columbia Bar. He resides in Washington, DC.
Andrew D. Weissman, Editor-in-Chief & Publisher, Energy Business Watch; Senior
Energy Advisor, FTI Consulting, Inc., 1101 K Street NW, Suite B100, Washington, DC
20005. Phone: 202.312.9100.
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