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Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop Dec 1980

Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop

West Virginia Law Review

No abstract provided.


Special Student Project: Developments Under The Surface Mining Control And Reclamation Act Of 1977, William Sunday Winfrey Ii, Cheryl Lee Davis, Larry W. Blalock, Lawrence W. Hancock, Allen R. Prunty Jun 1980

Special Student Project: Developments Under The Surface Mining Control And Reclamation Act Of 1977, William Sunday Winfrey Ii, Cheryl Lee Davis, Larry W. Blalock, Lawrence W. Hancock, Allen R. Prunty

West Virginia Law Review

The Surface Mining Control and Reclamation Act of 1977 (SMCRA) is one of the most significant enactments ever to affect the coal mining industry. In pervasive fashion, it is intended to control virtually every environmental aspect of surface mining as well as all surface effects of underground coal mining. The responsibility for establishing a regulatory program to refine and implement the Act is vested in the United States Department of the Interior. However, as individual regulatory plans are submitted by the states and approved by the Secretary of the Interior, the Act provides for an assumption by the states of …


A Comparative Study Of Miners' Training And Supervisory Certification In The Coal Mines Of Great Britain, The Federal Republic Of Germany, Poland, Romania, France, Australia And The United States: The Case For Federal Certification Of Supervisors And Increased Training Of Miners, J. Davitt Mcateer, L. Thomas Galloway Jun 1980

A Comparative Study Of Miners' Training And Supervisory Certification In The Coal Mines Of Great Britain, The Federal Republic Of Germany, Poland, Romania, France, Australia And The United States: The Case For Federal Certification Of Supervisors And Increased Training Of Miners, J. Davitt Mcateer, L. Thomas Galloway

West Virginia Law Review

The training of coal miners and their supervisors has long been recognized as an essential element for reducing the incidents of injuries and deaths in the mines. This article will address the topic of training and certification of miners and supervisors in American coal mines as compared to the training and certification requirements and programs of the United Kingdom, the Federal Republic of Germany, France, Romania, Poland, and Australia. Following a brief description of each country's coal mining industry, that country's training and certification program will be analyzed and compared with regard to the particular subjects of: (1) new miner …


Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen Jun 1980

Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen

West Virginia Law Review

No abstract provided.


Acquisition Of Coal Property Interests: Some Federal Tax Planning Observations, Aaron H. Haspel, Douglas Sumner Jun 1980

Acquisition Of Coal Property Interests: Some Federal Tax Planning Observations, Aaron H. Haspel, Douglas Sumner

West Virginia Law Review

No abstract provided.


Federal Income Tax Aspects Of The Disposition Of Coal Interests By A Corporation, Louis S. Southworth, James H. Nix Jun 1980

Federal Income Tax Aspects Of The Disposition Of Coal Interests By A Corporation, Louis S. Southworth, James H. Nix

West Virginia Law Review

No abstract provided.


The Survivors' 25-Year Presumption Under The Black Lung Benefits Reform Act Of 1977: A Case For Its Unconstitutionality, David J. Millstone, Maria J. Codnach Jun 1980

The Survivors' 25-Year Presumption Under The Black Lung Benefits Reform Act Of 1977: A Case For Its Unconstitutionality, David J. Millstone, Maria J. Codnach

West Virginia Law Review

Title IV of the Federal Coal Mine Health and Safety Act of 1969 [the Black Lung Act], as amended by the Black Lung Benefits Reform Act of 1977 establishes, inter alia, a new presumption intended to substantially assist widows and other dependent survivors of coal miners in gaining benefits for disability caused by coal workers' pneumoconiosis (more commonly known as black lung disease). Survivors of coal miners who died before March 1, 1978, with twenty-five or more years of coal mine employment accrued prior to July 1, 1971, are presumed to be entitled to benefits unless it is established that, …


The Pit And The Pendulum: The Senate And S. 1403, Robert J. Shostak Jun 1980

The Pit And The Pendulum: The Senate And S. 1403, Robert J. Shostak

West Virginia Law Review

No abstract provided.


The Current State Of Grievance Arbitration In The Coal Industry, Larry W. Blalock Jun 1980

The Current State Of Grievance Arbitration In The Coal Industry, Larry W. Blalock

West Virginia Law Review

The arbitration process provides for settlement of disputes through adjudication outside the normal judicial system. In many instances arbitration resolves disputes arising under the terms of a collective bargaining agreement. This type of labor arbitration is referred to as rights arbitration, or more commonly, grievance arbitration. A second type of arbitration, referred to as interest arbitration, is concerned with settling the unresolved terms of the collective bargaining agreement itself. This note will focus solely on grievance arbitration. Grievance arbitration has proliferated, particularly in American industry, in the wake of the United States Supreme Court's 1960 decisions in the Steelworker's Trilogy. …


A Common Sense Approach To Coal's Role In Resolving America's Energy Crisis, John D. Rockefeller Iv Jun 1980

A Common Sense Approach To Coal's Role In Resolving America's Energy Crisis, John D. Rockefeller Iv

West Virginia Law Review

No abstract provided.


Coal: The Coming Decade, Jennings Randolph Jun 1980

Coal: The Coming Decade, Jennings Randolph

West Virginia Law Review

No abstract provided.


Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly Jun 1980

Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly

West Virginia Law Review

Since the enactment of the Federal Coal Mine Health and Safety Act1 (FCMHSA) in late 1969, occupational pneumoconiosis, "black lung disease," has been compensable under federal law. These federal black lung benefits are coordinated with state workmen's compensation or occupational disease laws to provide death or disability benefits for coal miners suffering from the disease. Black lung benefits are provided at federal cost under Part B of Title IV of the FCMHSA with respect to claims which arose before July 1, 1973 (Part B benefits)." Benefits are payable directly or indirectly by coal mine operators under Part C of Title …


Clementine In The 1980'S (Eeo And The Woman Miner), Thomas H. Barnard, Brenda J. Clark Jun 1980

Clementine In The 1980'S (Eeo And The Woman Miner), Thomas H. Barnard, Brenda J. Clark

West Virginia Law Review

No abstract provided.


A Tax Incentive Approach To The Depletion Allowance Dilemma, Thomas E. Bulleit Jr. Jun 1980

A Tax Incentive Approach To The Depletion Allowance Dilemma, Thomas E. Bulleit Jr.

West Virginia Law Review

No abstract provided.


Federal Income Tax Treatment Of The Acquisition And Disposition Of Coal Interests: An Examination Of I.R.C. 631(C), John C. Coggin Iii Jun 1980

Federal Income Tax Treatment Of The Acquisition And Disposition Of Coal Interests: An Examination Of I.R.C. 631(C), John C. Coggin Iii

West Virginia Law Review

No abstract provided.


A New Program For The Management Of Federal Coal Reserves, Guy R. Martin Jun 1980

A New Program For The Management Of Federal Coal Reserves, Guy R. Martin

West Virginia Law Review

No abstract provided.


The Rockefeller Amendment: Its Origins, Its Effect And Its Future, Dennis M. Abrams Jun 1980

The Rockefeller Amendment: Its Origins, Its Effect And Its Future, Dennis M. Abrams

West Virginia Law Review

No abstract provided.


Sixty Year Annotated Index Of Coal Related Articles In The West Virginia Law Review Jun 1980

Sixty Year Annotated Index Of Coal Related Articles In The West Virginia Law Review

West Virginia Law Review

No abstract provided.


Changing Concepts In The Ad Valorem Severance Taxation Of Coal In West Virginia, John Kent Dorsey Jun 1980

Changing Concepts In The Ad Valorem Severance Taxation Of Coal In West Virginia, John Kent Dorsey

West Virginia Law Review

No abstract provided.


A Constitutional Analysis Of The Surface Owner Consent Provisions In The Tennessee Surface Mining Law And The West Virginia Oil And Gas Conservation Act, James M. O'Brien Jun 1980

A Constitutional Analysis Of The Surface Owner Consent Provisions In The Tennessee Surface Mining Law And The West Virginia Oil And Gas Conservation Act, James M. O'Brien

West Virginia Law Review

No abstract provided.


Evidentiary Requirements To Prove A Claim For Black Lung Benefits: Impact Of The Black Lung Benefits Reform Act Of 1977, F. Thomas Rubenstein Jun 1980

Evidentiary Requirements To Prove A Claim For Black Lung Benefits: Impact Of The Black Lung Benefits Reform Act Of 1977, F. Thomas Rubenstein

West Virginia Law Review

No abstract provided.