Symposium

 

Symposium Mission Statement

 

"Act 13 in 3D: Drilling, Doctors, & Disclosure" will focus on the hotly contested Chemical Disclosure Provision of Act 13, the most recent amendment to Pennsylvania's Oil & Gas Act.    The symposium will provide a neutral venue for in-depth panel discussion by proponents and dissidents of the Bill, on behalf of the oil and gas, public health, legal and environmental industries.  All of our speakers will be invited to express their positions on the provision in light of their experience, and consider whether or not these seemingly divergent interests can be rectified through judicial and agency action.  As the symposium is in its initial phase, all topics are largely fluid and dependent upon the expertise and preference of our valued speakers.  This academic conference will represent and respect all perspectives in a bipartisan fashion and encourages fruitful participation from audience members. 

 

 

EXECUTIVE SUMMARY
"THE CHEMICAL DISCLOSURE PROVISION"
58 Pa.C.S. §3222.1

 

The Chemical Disclosure Provision requires that service providers and vendors who provide hydraulic fracturing additives directly to unconventional well operators, must supply the operators with specific chemical constituent information necessary to complete a chemical disclosure form.  The operator must then post this information on a public registry within sixty days.  This information is presumptively made available to the public.  However, if the provider, vendor, or operator, claim that the specific identity or concentration of a chemical, or both, is a trade secret or confidential proprietary information, this information will be protected. Such proprietary information will only be divulged at the request of a healthcare professional.  The healthcare professional must execute in writing (or verbally, in emergency situations), a confidentiality agreement stating that such information is needed for the purpose or assistance of diagnosing or treating a person who has been potentially exposed to a hazardous chemical.  The healthcare professional is then contractually bound to keep the information confidential after medical treatment is complete. 

 

 

Pittsburgh Journal of Environmental & Public Health Law

"Act 13 in 3D: Drilling, Doctors, & Disclosure"

Remedying Divergent Interests

The University Club, Oakland, Pittsburgh

February 28, 2013

SCHEDULE

11:30 a.m.–Noon           Registration and Lunch

 

INTRODUCTION TO PENNSYLVANIA ENERGY POLICY & THE CHEMICAL DISCLOSURE PROVISION

12–12:05 p.m.               

Welcome 

Alexandra Malatesta, Editor in Chief, Pittsburgh Journal of Environmental & Public Health Law, University of Pittsburgh School of Law Class of 2013

 

12:05–12:45 p.m.          

Keynote Address: The Truth about Gas Drilling and America's Energy Choices

John R. Hanger, Esq., Eckert Seamans LLC, 2014 Candidate for Pennsylvania Governor and Former Secretary, Pennsylvania Department of Environmental Protection

 

12:45–1:10 p.m.            

Legislative Review: Can You Keep a Secret?

T.H. Lyda, Esq., Burns White LLC

 

LITIGATING THE CHEMICAL DISCLOSURE PROVISION

1:10-1:35 p.m.                

Limiting Physician Information

Barry R. Furrow, Esq., Director, Health Law Program, Drexel University Earle Mack School of Law

 

1:35–1:50 p.m.                    

Doctor Restrictions Go to Court

Lauren M. Williams, Esq., Curtin & Heefner LLP

 

1:50–2:05 p.m.                  

Non-Disclosure, Non-Discovery

Jeffrey V. Mansell, Esq., Goldberg Persky & White PC

 

2:05-2:20 p.m.             

Why All Stakeholders Should Look to Science, Rather than Politics, for Answers

Chad A. Wissinger, Esq., Marshall Dennehey Warner Coleman & Goggin PC

 

2:20–2:35 p.m.              Coffee Break

 

INDUSTRY AND COMMERCIAL IMPLICATIONS

2:35–3 p.m.              

Finding Common Ground through the Exercise of Best Management Practices

Todd Normane, Esq., Associate General Counsel, Talisman Energy

 

3-3:15 p.m.              

Act 13 Disclosure: A Human Health Protection Paradox

Michael P. Joy, Esq., Reed Smith

 

3:15-3:25 p.m.              

Protecting Property Rights and Public Health in Pennsylvania

Jessica C. Tully, Esq., Steptoe & Johnson

 

3:25-3:35 p.m.              

Proprietary Prosecution

Jeffrey D. Roberts, Esq., Burns White LLC

 

PUBLIC HEALTH & ENVIRONMENTAL IMPACT

3:35–4 p.m.                  

Disclosure Provision Punts the Real Concerns

Bernard Goldstein, Emeritus Professor, University of Pittsburgh Graduate School of Public Health Department of Environmental and Occupational Health

 

4–4:15 p.m.             

Impacts upon a Targeted Public Health Response to Gas Drilling Activities

Raina Rippel, Director, Southwest Pennsylvania Environment Health Project 

 

4:15–4:30 p.m.            

Encouraging Data Transparency

Samantha Malone, Creator of fractracker.org

 

4:30–4:45 p.m.                  

Emergency Preparedness Hampered "Disclosure" Provision

Margaret Potter, Esq., Professor of Health Policy and Management and Associate Dean for Practice, University of Pittsburgh Graduate School of Public Health

 

4:45-5 p.m.                  

TBD

Oday Salim, Esq., Adjunct Professor of Energy Law and Supervisor of Environmental Law Clinic, University of Pittsburgh School of Law

 

5 p.m.                            

Closing Remarks

William M. Carter Jr., Dean, University of Pittsburgh School of Law

 

~Networking Reception to Follow~

 

This event is generously sponsored in part by Burns White LLC.

 

 

Symposium Speakers