Ms. Smith advises and represents private parties (corporations, unincorporated business entities, individuals, and trade associations) in legal matters arising under public and private contracts and federal statutes and regulations. She specializes in federal administrative and court litigation at both trial and appellate levels in the context of federal coal mine health, safety, and retirement statutes. She has also monitored proposed legislation and regulations on behalf of potentially affected parties and developed analysis and commentary in support of their positions.
A significant portion of our practice is devoted to coal mining-related employment and retiree issues arising under federal statutes such as the Coal Industry Retiree Health Benefit Act of 1992, the Black Lung Benefits Act, and the Federal Mine Health and Safety Act.
Since the passage of the Coal Act in 1993, Ms. Smith has appeared in over a dozen federal court cases on behalf of companies facing potential liability under the Coal Act. Examples include: Ass’n of Bituminous Contractors, Inc. v. Apfel, 156 F.2d 1246 (D.C. Cir. 1998) (definition of employer in the coal industry); Fawn Mining Corp. v. Hudson, 80 F.3d 519 (D.C. Cir. 1996) (definition of eligible beneficiary); Harmon Mining Co. v. Barnhart, 327 F.Supp. 2d (W.D. Va. 2004) (definition of related person); Holland v. Pardee Coal Company, 269 F.3d 424 (4th Cir. 2001) (validity of government’s late assignments); Holland v. Williams Mountain Coal Co. [Augusta Processing, Inc.], 256 F.3d 819 (D.C. Cir. 2001) (definition of successor); Massey Coal Co. v. Holland, 472 F.3d 148 (4th Cir. 2006) (definition of reimbursement for purposes of calculating premiums).
Ms. Smith has represented employers in numerous black lung claims. Most of these involve dispositions in the administrative setting, though a portion involve federal court litigation. She is currently appearing in a federal lawsuit concerning the Department of Labor’s policies on publishing its administrative decisions. Nat’l Ass’n of Waterfront Employers v. Chao, No. 07-2250 (D.D.C.). She has also represented employers in proceedings before the Mine Safety and Health Administration.
Prior to entering private practice, Ms. Smith was an attorney advisor in the U.S. Department of Labor. She recommended dispositions and drafted opinions and orders for an administrative appellate body and had a special assignment as law clerk to an administrative appeals judge.
Education University of Pennsylvania Law School Michigan State University, B.A.; Major: Mathematics
District of Columbia
Pennsylvania (presently inactive)
Admitted to the bar of the U.S. Supreme Court; the U.S. Courts of Appeals for the District of Columbia, Fourth, Sixth, Seventh, Tenth and Eleventh Circuits; U.S. District Court for the District of Columbia; and the U.S. Claims Court
Practice Areas Coal Industry Liabilities Corporation and Business Law Litigation
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