NSSGA’s Legal Symposium 2016

Management of Risk for the Future of Stone, Sand & Gravel Operators

Wednesday, March 23, 2016

Omni Hotel


NSSGA’s 2016 Legal Symposium will again deliver insightful updates on critical legal issues confronting representing stone, sand and gravel producers.  Whether it is reflections from a distinguished federal jurist….how to be proactive in thwarting cyber-attacks….trends in government regulation of land use and miner safety….or a look out at what the future holds in litigation…NSSGA’s Legal Symposium will stand as the one stop needed for legal professionals – and, really, all of those concerned with management of risk. As always, continuing education credits will be awarded to attendees.  The Legal Symposium will consist of the following presentations (more to be announced later):


Reflections from the Bench *

The Honorable Janis Jack

Uncovering fraudulent tort claims about a decade ago was big news.  Federal district court judge Janis Jack, will speak on her wide-ranging experience on the bench with a focus on her experience in having famously uncovered thousands of fraudulent tort claims disguised as silicosis cases in multi-district litigation in 2005.  Judge Jack, nominated in 1993 by President Bill Clinton for the Southern District of Texas, will tell the riveting story of how she was able to uncover the fraud perpetrated on defendant companies.  Judge Jack earned her undergraduate degree at the University of Baltimore, and law degree from the South Texas College of Law.

* This is to be presented at the Convention’s Closing General Session on Wednesday, March 23, 2016, immediately preceding the Legal Symposium, and is considered a formal portion of the Symposium.


Cyber-Security and Ways to Prevent and Recover From Assaults

Erik Dullea, Jackson-Lewis

Guidance on: 1) types of cyber-attacks; 2) different kinds of perpetrators; 3) status of federal laws and regulations, and 4) how to proactively defend against attacks will be presented by Erik Dullea, of counsel at Jackson-Lewis.  Erik holds the rank of Commander in the U.S. Naval Reserve, and spent the early part of his career in the U.S. Navy, flying attack and fighter jets from Naval Aircraft Carriers in the Pacific Ocean and Persian Gulf, before transitioning into military intelligence.  He is the Commanding Officer of a Joint Intelligence Operations Center supporting U.S. Pacific Command.  Erik earned his undergraduate degree at Cornell University and law degree at the University of Denver.


Update on Key Mine Safety Issues

Dan Wolff, Crowell & Moring

Key aspects of MSHA’s recent regulation and enforcement have included: 1) agency emphasis on workplace fatalities at M/NM mines and related Rules to Live By standards; 2) stepped-up inspections, scrutiny of records, and enforcement; and 3) best practices for maintenance of records and protecting confidential information.  All will be addressed by Dan Wolff, a trial and appellate court litigator at Crowell & Moring.  Dan’s practice encompasses enforcement defense in a number of areas of environmental and natural resources law, as well as occupational safety and health laws and regulations affecting the firm’s industrial and mining clients.  Dan earned his undergraduate degree at University of Wisconsin and law degree at the University of Dayton.


Permitting: Five Strategies to Reduce Legal Risk

Mark Harrison, Harrison, Temblador, Hungerford & Johnson, LLP

Mark Harrison will discuss how to apply five strategies to reduce legal risks in permitting. These are: project entitlement scoping, endangered species, technical consultants, project design and cultural resources. Mark’s specialty is providing clear, thoughtful, defensible, and cost-effective strategy guidance in complex permitting, environmental, and regulatory contexts.  Mark earned his undergraduate degree from the University of California, Berkeley and law degree from the University of California, Davis.


What is on the Horizon for Stone, Sand, and Gravel in Litigation, Regulation, and Legislation,? 

David Landin, et. al. Hunton & Williamsshutterstock_269073566

David Landin of Hunton & Williams, and moderate the roundtable presentations in topical sections by Lori Jarvis, Bill Wehrum, and others.  Topics include:  the current threat of asbestos and silica regulation, and their morphing through definitional changes; the continuing trend to “medical geology” as it ignores bioavailability in favor of mere presence, including heavy metals; naturally occurring radioactive materials, and others.  What now with TSCA, and executive orders by a departing POTUS?  Landin earned his undergraduate degree from the University of Virginia and law degree from the University of Virginia School of Law.


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