Emily Toler Scott is a Senior Counsel in Conn Maciel Carey LLP’s Washington, DC office. She supports the MSHA • Workplace Safety Practice, as well as its OSHA and Labor and Employment Practices.. 

 

Emily represents and advises mine operators in litigation and interactions with the Mine Safety and Health Administration (MSHA). She also represents employers during investigations into retaliation complaints and related litigation, and in appellate litigation.

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For more than a decade, Emily worked at the U.S. Department of Labor (DOL), Office of Solicitor, where she litigated Mine Act enforcement and retaliation cases at trial and on appeal, defended challenges to MSHA standards and regulations, and advised MSHA headquarters and district offices, giving her special insight into agency policymaking and enforcement. As the Counsel for Appellate Litigation, Emily directed all MSHA-related appellate litigation, including more than 100 appellate cases before the Federal Mine Safety and Health Review Commission, federal appellate courts, and the Supreme Court.

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Emily began her career at DOL as an Honors Attorney, where she litigated enforcement cases under the Mine Act, OSH Act, and ERISA, and whistleblower cases under the Asbestos Hazard Emergency Response Act and Clean Air Act. Then, as a Senior Trial Attorney in the Division of Mine Safety and Health, Emily settled a complex case about the use of electronic surveying equipment in underground coal mines, providing a template for a new safety standard, and persuaded the D.C. Circuit to deny a petition for a writ of mandamus challenging MSHA’s decision not to issue a COVID-19 emergency temporary standard.

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Emily achieved favorable results in more than 50 published decisions.

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In her free time, Emily enjoys tackling home improvement projects (with varying degrees of success). Emily lives in West Virginia with her husband, son, and three beagles.