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Articles 1 - 30 of 85

Full-Text Articles in Law

West Virginia's Antidegradation Policy For State Waters: From Theoretical Construct To Implementation Procedures, M. Ann Bradley, Joseph M. Dawley Apr 2001

West Virginia's Antidegradation Policy For State Waters: From Theoretical Construct To Implementation Procedures, M. Ann Bradley, Joseph M. Dawley

West Virginia Law Review

No abstract provided.


Exhaustion Doctrine Should Not Be A Doctrine With Exceptions, Rebecca L. Donnellan Apr 2001

Exhaustion Doctrine Should Not Be A Doctrine With Exceptions, Rebecca L. Donnellan

West Virginia Law Review

No abstract provided.


So You Want To Ban Mountaintop Mining--You May Have To Put Your Money Where Your Mouth Is, Stephanie René Timmermeyer Apr 2001

So You Want To Ban Mountaintop Mining--You May Have To Put Your Money Where Your Mouth Is, Stephanie René Timmermeyer

West Virginia Law Review

No abstract provided.


Black Lung Update: The Evolution Of The Current Regulations And The Proposed Revolution, William S. Mattingly Apr 1998

Black Lung Update: The Evolution Of The Current Regulations And The Proposed Revolution, William S. Mattingly

West Virginia Law Review

No abstract provided.


Hiding Behind The Corporate Veil: Employer Abuse Of The Corporate Form To Avoid Or Deny Workers' Collectively Bargained And Statutory Rights, Grant Crandall, Sarah J. Starrett, Douglas L. Parker Apr 1998

Hiding Behind The Corporate Veil: Employer Abuse Of The Corporate Form To Avoid Or Deny Workers' Collectively Bargained And Statutory Rights, Grant Crandall, Sarah J. Starrett, Douglas L. Parker

West Virginia Law Review

No abstract provided.


Ownership Of Coalbed Methane Gas: Recent Developments In Case Law, Michelle D. Baldwin Apr 1998

Ownership Of Coalbed Methane Gas: Recent Developments In Case Law, Michelle D. Baldwin

West Virginia Law Review

No abstract provided.


The Federal Mine Safety And Health Act Of 1977: Preserving A Law That Works, J. Davitt Mcateer Jun 1996

The Federal Mine Safety And Health Act Of 1977: Preserving A Law That Works, J. Davitt Mcateer

West Virginia Law Review

No abstract provided.


The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann Jun 1996

The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann

West Virginia Law Review

No abstract provided.


Mine Accident Investigations: Does The Press Have A Right To Be Present, O. Marie Anderson Jun 1996

Mine Accident Investigations: Does The Press Have A Right To Be Present, O. Marie Anderson

West Virginia Law Review

No abstract provided.


Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown Jun 1995

Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown

West Virginia Law Review

No abstract provided.


Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley Jun 1995

Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley

West Virginia Law Review

No abstract provided.


Modification Of Benefits For Claimants Under The Federal Black Lung Benefits Program, Rita A. Massie Jun 1995

Modification Of Benefits For Claimants Under The Federal Black Lung Benefits Program, Rita A. Massie

West Virginia Law Review

No abstract provided.


Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan Jun 1995

Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan

West Virginia Law Review

No abstract provided.


Doing Environmental Justice In Appalachia: Lawyers At The Grassroots And The Aspiration Of Social Change, Dean Hill Rivkin Jun 1994

Doing Environmental Justice In Appalachia: Lawyers At The Grassroots And The Aspiration Of Social Change, Dean Hill Rivkin

West Virginia Law Review

No abstract provided.


Fire In The Hole To Longwall Shears: Old Law Applied To New Technology And Other Longwall Mining Issues, J. Thomas Lane Apr 1994

Fire In The Hole To Longwall Shears: Old Law Applied To New Technology And Other Longwall Mining Issues, J. Thomas Lane

West Virginia Law Review

No abstract provided.


Walkaround Rights For Miners' Representative Under Msha: A Compatible Statutory Scheme, Robert H. Stropp Jr. Apr 1994

Walkaround Rights For Miners' Representative Under Msha: A Compatible Statutory Scheme, Robert H. Stropp Jr.

West Virginia Law Review

No abstract provided.


Mine Safety And Health: A Formula For Continued Success, J. Davitt Mcateer Apr 1994

Mine Safety And Health: A Formula For Continued Success, J. Davitt Mcateer

West Virginia Law Review

No abstract provided.


Meeting The Challenge At The Mines: The Americans With Disabilities Act, Susan E. Chetlin, Mark E. Baker Apr 1994

Meeting The Challenge At The Mines: The Americans With Disabilities Act, Susan E. Chetlin, Mark E. Baker

West Virginia Law Review

No abstract provided.


Federal Black Lung Update, William S. Mattingly Apr 1994

Federal Black Lung Update, William S. Mattingly

West Virginia Law Review

No abstract provided.


Coalbed Methane: Recent Court Decisions Leave Ownership Up In The Air, But New Federal And State Legislation Should Facilitate Production, Jeff L. Lewin Apr 1994

Coalbed Methane: Recent Court Decisions Leave Ownership Up In The Air, But New Federal And State Legislation Should Facilitate Production, Jeff L. Lewin

West Virginia Law Review

No abstract provided.


Rights Of Mine Access For Miners' Representatives: Has A Walk Around The Mine Become A Run Around The Law, Rosemary M. Collyer, J. Michael Klise Apr 1993

Rights Of Mine Access For Miners' Representatives: Has A Walk Around The Mine Become A Run Around The Law, Rosemary M. Collyer, J. Michael Klise

West Virginia Law Review

No abstract provided.


Labor Dispute Disqualification For Unemployment Compensation Benefits, Ken Matheny Apr 1993

Labor Dispute Disqualification For Unemployment Compensation Benefits, Ken Matheny

West Virginia Law Review

No abstract provided.


Federal Black Lung Update: The Standard Of Disability Causation For Federal Black Lung Benefits, Willaim S. Mattingley, Martin E. Hall Apr 1992

Federal Black Lung Update: The Standard Of Disability Causation For Federal Black Lung Benefits, Willaim S. Mattingley, Martin E. Hall

West Virginia Law Review

No abstract provided.


Longwall Mining And Smcra: Unstable Ground For Regulators And Litigants, Joshua I. Barrett Apr 1992

Longwall Mining And Smcra: Unstable Ground For Regulators And Litigants, Joshua I. Barrett

West Virginia Law Review

No abstract provided.


Unlocking The Fire: A Proposal For Judicial Or Legislative Determination Of The Ownership Of Coalbed Methane, Jeff L. Lewin, Hema J. Siriwardane, Samuel J. Ameri, Syd S. Peng Apr 1992

Unlocking The Fire: A Proposal For Judicial Or Legislative Determination Of The Ownership Of Coalbed Methane, Jeff L. Lewin, Hema J. Siriwardane, Samuel J. Ameri, Syd S. Peng

West Virginia Law Review

No abstract provided.


Controlled Group Liability Under The Multiemployer Pension Plan Amendments Act: Liability Without Limit, John R. Woodrum, Timothy B. Mcbride Apr 1988

Controlled Group Liability Under The Multiemployer Pension Plan Amendments Act: Liability Without Limit, John R. Woodrum, Timothy B. Mcbride

West Virginia Law Review

No abstract provided.


United Mine Workers Of America V. Faerber: Full Roof Bolting Required In Auger Mines, Peggy L. Collins Apr 1987

United Mine Workers Of America V. Faerber: Full Roof Bolting Required In Auger Mines, Peggy L. Collins

West Virginia Law Review

No abstract provided.


Preclusion Under Primacy: The Effect Of Prior State Determinations On Federal Oversight Enforcement Under The Surface Mining Control And Reclamation Act, John A. Macleod, Thomas C. Means Apr 1986

Preclusion Under Primacy: The Effect Of Prior State Determinations On Federal Oversight Enforcement Under The Surface Mining Control And Reclamation Act, John A. Macleod, Thomas C. Means

West Virginia Law Review

The enactment of the Federal Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) launched a new era in the regulation of surface coal mining and the surface effects of underground mining. SMCRA ended the era of exclusive state regulation, prompted in substantial part by the perceived failure of the states to do the job effectively. Instead, there was substituted a federal program of stringent environmental controls and performance standards, accompanied by a mechanism through which the states could regain regulatory predominance. A state that wanted to regulate surface coal mining operations within its borders could develop …


Black Lung Benefits Amendments Of 1981: Transfer Of Special Claims Under Section 205, James B. Stoneking Apr 1984

Black Lung Benefits Amendments Of 1981: Transfer Of Special Claims Under Section 205, James B. Stoneking

West Virginia Law Review

No abstract provided.


Recent Developments Under The Surface Mining Control And Reclamation Act Of 1977, Rebecca L. Stepto May 1983

Recent Developments Under The Surface Mining Control And Reclamation Act Of 1977, Rebecca L. Stepto

West Virginia Law Review

The body of case law construing the regulatory scheme of the Surface Mining Control and Reclamation Act of 1977 continues to expand. During 1982, courts considered venue, jurisdiction and constitutional issues, the prime farmland grandfather exemption and "second mining." This article examines the courts' continuing attempts to achieve the Act's purpose of "establishing a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations."