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CREDENTIALS
Education: I received my law degree from the George Washington University National Law Center (J.D., 1989). I received my undergraduate degree, with honors, from Dickinson College (B.A., 1986).
Work Experience: I started my legal career with the law firm of Smith, Heenan & Althen, which subsequently merged with the law firm of Ogletree Deakins. At the firm, I practiced mine safety law with Mike Heenan and Bill Doran. Since I left the firm in 1992, I have been a sole practitioner.
Publications:
I have been published in numerous mining industry and safety publications on subjects related to the Mine Act. My professional publications include:
Speaking: I speak at numerous mine safety events. I present annually at the Critical Issues Conference sponsored by the International Society of Mine Safety Professionals (ISMSP), where I often teach professional development sessions for Certified Mine Safety Professionals (CMSP). I organized the First Western Mine Safety and Health Conference in 1994. In 2007, I was the only industry lawyer invited to present at the West Virginia Law School symposium, Thinking Outside of the Box: A Post-Sago Look at Coal Mine Safety.
Licenses: I am admitted to practice in the District of Columbia and have been since 1989. (I am not admitted in Maryland even though I sometimes receive overnight mail at my home address Maryland .)
Courts: Pursuant to 29 C.F.R. 2700.3(a), I am authorized to practice before the Federal Mine Safety and Health Review Commission. I am admitted to practice in the United States Court of Appeals for the District of Columbia Circuit, which hears the majority of the appeals in cases involving MSHA.
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I wrote and currently edit a comprehensive treatise on mine safety law. The MSHA Treatise has chapters on the following subjects:
The Mine Act 30 CFR
Mine Safety Caselaw
MSHA Policy
MSHA
Solicitor’s Office
FMSHRC
Jurisdiction
Operators & Contractors
MSHA Regulations
MSHA Standards
Required Plans Modifications Safeguards Violations Strict Liability Negligence Gravity Joint & Several Liability MSHA Inspections Special Investigations Accident Investigations 104(a) Citations Significant & Substantial Failure to Abate Orders Pattern of Violations Unwarrantable Failure Imminent Danger Civil Penalty Assessments Criminal Sanctions Individual Civil Penalties Withdrawal Orders MSHA Conferences ALJ Proceedings Commission Proceedings Appellate Proceedings Attorney’s Fees Recovery
The MSHA Treatise is available on a subscription basis on the MSHA Help Web site.
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