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MARY
LOU SMITH, PARTNER
(202) 296-5680 ext. 314
email: mlsmith@haspc.com
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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.
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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).
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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.
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Prior
to entering private practice, Ms. Smith was an attorney
advisor in the U.S. Department of Labor (1982-1984). 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.
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Education
University of Pennsylvania Law School, 1981
Michigan State University, B.A. 1978; Major: Mathematics
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Bar
Membership
o District of Columbia
o 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
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Practice
Areas
Coal Industry Liabilities
Corporation and Business Law
Litigation
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