IN-PERSON CLASSROOM SEMINARS

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Oil and Gas Contamination:Lawsuits, Regulations and Exemptions
In Partnership with Kinetic

A Two-Day Classroom Seminar

Legal disputes and administrative actions related to environmental contamination are part of doing business in the Oil and Gas industry. It's imperative that environmental professionals working in the oil patch understand (1) the type of disputes that arise, (2) the environmental regulations and the oil and gas exemptions that exist with-in those environmental regulations and (3) the legal pros, cons, and options associated with environmental audits and environmental baseline studies. This course provides the basis for environmental professionals to more fully comprehend regulations and exemptions and become more valuable to the companies and clients that they advise.

This course also examines the litigation process associated with oil-field contamination lawsuits and reviews how courts are deciding these environmentally centered cases.

What You Will Learn
  • How an environmental professional's work can help his or her client win the day
  • How and when to use documents, test results, trial exhibits and demonstrative aids
  • How to recognize and apply the oil industry exemptions found throughout the environmental statutes
What You Will Also Learn
  • How to qualify as an expert in court and before regulatory commissions
  • How to "sell yourself" (or your company) as the professional of choice
  • The extent to which environmental assessments should be used when buying or selling oil and gas properties
  • How and when environmental audits can be kept privileged and confidential
  • Questionable technical arguments that appeal to jurors
Seminar Agenda
Untitled Document

Agenda, Day 1: Overview: Regulation, Exemptions, Litigation and all the nuances in between

Common Contamination issues in the Oil Field.  Where the messes are and where to find them


Ownership of oil and gas rights and their influence on environmental complaints

  
Review of the stakeholders involved in oil-field environmental issues.  Who gets involved and what do they really want?


Factors influencing common law claims v statutory claims. When should a landowner bypass the oil company and go straight to court?


Negligence, trespass, and nuisance: How the environmental professional's work determines the outcome of these common law claims  


What can you do to help your client with fracking contamination allegations?


Understanding Naturally Occurring Radioactive Material from the oil-fields


How to get reluctant agencies involved in disputes (or keep them out)


What to do when the agency won't give you a written response to a verbal  agreement.  As an agency professional, how to respond to these overtures


How to use oil company environmental policies to your client's benefit


Depositions for environmental professionals; preparation and the main event 

  • What to expect and how to be good at the process and in your performance
  • How to help depose the "other guy"

Joint defense groups and conflicts of interest:  helping more than one client  

Protecting yourself and your company:  Using indemnity clauses to ensure bad results don't come back to you

 

Agenda, Day 2: Getting Down and Dirty

Testifying versus consulting expert?  Which should you be?  What's the difference?


When is it OK to send draft reports…and how to discuss them with your client


Offers to clean up:  How and when to make them and how to reject them


Being an expert witness:  What's involved and when should you do it


How clean is clean?  Risk based corrective action:  Scientists love it.  Landowners?....not so much…

Agency involvement:  when is it required?  When is it optional? When is it desirable? 

Waste: Review of EPA's "Green/Brown" Book for exploration and production waste.  Explore waste creation, whether waste is hazardous, and why it matters.  Analysis of the E&P exemption.  RCRA's "trump" provision.  If it's going to be recycled…was it ever a waste?  What if you donate the old equipment or material rather than throw it away?

When NOT to report releases of hazardous substances

Indemnity agreements, are you willing to pay for your client's mistakes?

Hazardous v. non-hazardous injection wells 

  • What can really go into the injection well…and discussion of undetected violations
  • Review of state permitting schemes Interaction between the states and EPA…how to be involved
  • Subsurface migration and trespass…how to evaluate and what to do about it
  • Mechanical integrity tests:  A new violation every day

Clean Water Act

  • What are Waters of the United States?
  • What if there's no water in the Creek when the spill reaches the creek bed?
  • When does the Army Corps of Engineers trump the EPA?
  • Ramifications of produced water reaching the ditch

Evidence:  When and how to gather it and how to protect it 

  • How consulting experts and lawyers can work to confidentially gather and analyze environmental data
  • When environmental audits make sense
  • How to conduct the environmental audit

Environmental Baseline studies

  • What level of study should be done…if any?
  • Factors to consider, and negotiate, when buying and selling properties
  • Confidentiality and nondisclosure agreements between all parties
Hotel and Seminar Information
This two day seminar will be held at the location listed below. The seminar will start promptly at 8:00 AM and will finish at 5:00 PM on day one and day two. The program includes continental breakfast, and lunch. Dress is business casual for all seminars.
COVID 19 Information: Please click here for the PGS Covid-19 policy. You can confirm each hotel's specific COVID 19 policy using the link(s) provided below.
Registration Fee and Discounts
The price for this comprehensive two-day seminar is $995 (USD).
Register online or Call (843) 212-4038.
  • Additional attendees and government employees receive a 10% discount.
  • Register 4 or more attendees and receive 20% Off. Special pricing is available for groups of 5 or more.
    If you want attendees to pay with separate credit cards or have other questions, please call (843) 212-4038 for assistance.
Payments and Cancellations
Payment is due prior to the start of the seminar by Visa, Master Card, American Express, or corporate check. Seminar fees will be charged to your credit card at the time of registration unless other arrangements have been made. Please make checks payable to "PGS Energy Training" 26 Teal Lane • Hilton Head Island, SC 29926. Cancellations will result in a credit that is good for 2 years which can be transferred to a colleague. Substitutions may be made at any time. For more information on PGS policies regarding administrative matters and complaint resolution, please contact our offices at (843) 212-4038.
Who Should Attend

•In House EHS Staff

•Environmental Consultants

•Agency and Regulatory Personnel

•Legal Professionals New to the Oil and Gas/Environmental Arena

•Lawmakers and Their Staff

•Experts called as Witnesses for Oilfield Contamination Cases

•Landmen

Prerequisites and Advance Preparation

This fundamental level group live seminar has no prerequisites. No advance preparation is required before the seminar.

Why Choose PGS?

PGS seminars are known for their clear explanations and in-depth content. Register for a PGS class today, and join the over 10,000 energy professionals who have already attended one of PGS's proven programs.

Program Level & Delivery Method
Intermediate level. CPE delivery method is "Group-Live."