Administrative Law Section
Louis R. Monacell, chair
In June 2013 the Administrative Law Section had 510 members.
The budget for fiscal year 2012-13 was $6,475.
31st National Regulatory Conference
The section sponsored the 31st National Regulatory Conference, which was held May 16-17, 2013 at the College of William & Mary School of Law. The program was titled “The Big ‘What If,’ Planning For the Next Contingency.” The panels and speakers addressed legal issues arising from five major storms in the past several years and the resulting risks and opportunities in the electric, gas, and telecommunications industries. The conference also included panels on cyber and related threats and presented viewpoints on other significant future uncertainties and contingencies, including coming environmental regulations from the EPA and the growth in the use of natural gas as a fuel to generate electricity. The program was organized by Samuel R. Brumberg, of the Virginia Maryland & Delaware Association of Electric Cooperatives and vice chair of the section, and was approved for nine and a half hours of continuing legal education credits, including two hours of ethics.
Annual Meeting CLE Program
The section cosponsored a CLE program, “The Future of Coal,” with the Environmental Law Section at the Virginia State Bar annual meeting. Kristian M. Dahl of McGuireWoods L.L.P. spearheaded the section’s organization of the program. Coal industry, utility planning, and regulatory perspectives were presented on the panel.
Annual Brown Bag Luncheon CLE Program
On March 19, 2013, the section held its annual Brown Bag Luncheon CLE Program on “Best Practices in Administrative Appeals: A Judicial Perspective.” The program was organized and moderated by board member Mark C. Shuford of Spencer L.L.P. Speakers included the Honorable Robert P. Frank, Virginia Court of Appeals, and the Honorable T. J. Markow, Ret., Circuit Court of the City of Richmond.
The section published winter and summer editions of the Administrative Law Newsletter. Ashley B. Macko of McGuireWoods, L.L.P. served as the newsletter editor. The Winter 2013 issue had several articles, including articles addressing establishing a “prima facie case” and the burden shifting presumption, the appeal of EPA’s Cross-State Rule, and articles addressing the Virginia Supreme Court’s interpretation of the 2007 Electric Utility Regulation Act. The Summer 2013 issue contains several articles, including on perfecting an appeal of a rulemaking under the Administrative Process Act and FERC’s recent rulings applying Order 1000.
The section continued to maintain and update its website, including current and past issues of Administrative Law Newsletter, information concerning past National Regulatory Conferences, upcoming events, and a membership application.
Officers and new board members
This section elected officers and board members at its annual meeting, held during the NRC. New officers are Samuel R. Brumberg, chair; Kristian M. Dahl, vice chair; Ashley B Macko, secretary; and James G. Ritter, newsletter editor. Phillip R. “Duke” de Haas, William T. Reisinger, and Nancy F. Loftus also joined the board.