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Full-Text Articles in Law

Without A Leggett To Stand On: Arguing For Retroactive Application Of West Virginia's Amended Flat-Rate Well Statute, Adam H. Wilson Sep 2021

Without A Leggett To Stand On: Arguing For Retroactive Application Of West Virginia's Amended Flat-Rate Well Statute, Adam H. Wilson

West Virginia Law Review

No abstract provided.


Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod Sep 2021

Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod

West Virginia Law Review

No abstract provided.


Standard Oil, Consolidated Coal, And The Roots Of The Resource Curse In West Virginia, Alison Peck Sep 2021

Standard Oil, Consolidated Coal, And The Roots Of The Resource Curse In West Virginia, Alison Peck

West Virginia Law Review

Despite its natural resource wealth, West Virginia today ranks last among all states in its residents’ overall sense of well-being, a puzzle that economists call “the resource curse.” Much of West Virginia’s wealth, in the form of coal, oil, and gas, left the state in the late nineteenth and early twentieth centuries before the state could tax it. This discouraging story was not inevitable. In 1905, a Morgantown lawyer named George C. Baker led an effort to tax coal, oil, and gas leases as personal property that nearly succeeded. Baker and his allies, Governor William M.O. Dawson and Tax Commissioner …


Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson Apr 2020

Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson

West Virginia Law Review

No abstract provided.


The Law Of Coal, Oil And Gas In West Virginia And Virginia, C. E. Goodwin Oct 2019

The Law Of Coal, Oil And Gas In West Virginia And Virginia, C. E. Goodwin

West Virginia Law Review

No abstract provided.


Pain In The Ash: How Coal-Fired Power Plants Are Polluting Our Nation's Waters Without Consequences, Amanda P. Demmerle Sep 2019

Pain In The Ash: How Coal-Fired Power Plants Are Polluting Our Nation's Waters Without Consequences, Amanda P. Demmerle

West Virginia Law Review

No abstract provided.


The Co-Tenancy Act And The Modernization Of West Virginia’S Oil And Gas Law, Jack Budig Sep 2019

The Co-Tenancy Act And The Modernization Of West Virginia’S Oil And Gas Law, Jack Budig

West Virginia Law Review

No abstract provided.


The King Is Dead, Patrick Mcginley Sep 2018

The King Is Dead, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.


Identity-Based Conflicts In Public Policy: The Case Of Hydraulic Fracturing Policy In Pennsylvania, Alison Peck Apr 2018

Identity-Based Conflicts In Public Policy: The Case Of Hydraulic Fracturing Policy In Pennsylvania, Alison Peck

Law Faculty Scholarship

Americans are experiencing a communication crisis in public policy-a crisis that has become especially acute since the November 2016 elections. Research shows that Americans increasingly treat their policy views as constitutive of their identities and separate themselves from other groups based on these identities. New solutions are needed in the lawmaking process to soften participants' hardening of their own identities and negative characterizations of other groups. This Article studies one controversy that has proven to be entrenched, if not yet intractable, in many jurisdictions: hydraulic fracturing. The Article examines advances made by scholars of conflict resolution and peace and conflict …


Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn Apr 2018

Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn

West Virginia Law Review

No abstract provided.


Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand Dec 2016

Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand

Law Faculty Scholarship

No abstract provided.


Statutory Pooling And Unitization In West Virginia: The Case For Protecting Private Landowners, James E. Mcdaniel Sep 2015

Statutory Pooling And Unitization In West Virginia: The Case For Protecting Private Landowners, James E. Mcdaniel

West Virginia Law Review

No abstract provided.


One Stick In The Bundle: Characterizing Nonparticipating Royalty Interests Under West Virginia Law, Andrew S. Graham, Allison J. Farrell, Lauren A. Williams, Amber M. Moore Dec 2014

One Stick In The Bundle: Characterizing Nonparticipating Royalty Interests Under West Virginia Law, Andrew S. Graham, Allison J. Farrell, Lauren A. Williams, Amber M. Moore

West Virginia Law Review

No abstract provided.


Lights Out In The Bakken: A Review And Analysis Of Flaring Regulation And Its Potential Effects On North Dakota Shale Oil Production, Monika U. Ehrman Dec 2014

Lights Out In The Bakken: A Review And Analysis Of Flaring Regulation And Its Potential Effects On North Dakota Shale Oil Production, Monika U. Ehrman

West Virginia Law Review

No abstract provided.


Local Regulation Of Hyraulic Fracturing, Jesse J. Richardson Jr. Dec 2014

Local Regulation Of Hyraulic Fracturing, Jesse J. Richardson Jr.

West Virginia Law Review

No abstract provided.


Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker Dec 2014

Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker

West Virginia Law Review

No abstract provided.


A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie Apr 2013

A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie

West Virginia Law Review

No abstract provided.


A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos Apr 2013

A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos

West Virginia Law Review

No abstract provided.


An Energy And Sustainability Roadmap For West Virginia, James M. Van Nostrand Apr 2013

An Energy And Sustainability Roadmap For West Virginia, James M. Van Nostrand

West Virginia Law Review

No abstract provided.


Upstream Oil And Gas Legal Frameworks: Brazil And The United States Compared, Gabriela Engler Pinto Apr 2013

Upstream Oil And Gas Legal Frameworks: Brazil And The United States Compared, Gabriela Engler Pinto

West Virginia Law Review

No abstract provided.


Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis Apr 2013

Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis

West Virginia Law Review

No abstract provided.


Significant And Substantial: The History And Continuing Evolution Of One Of The Mine Safety And Health Administration's Principal Enforcement Tools, Maxwell Multer Apr 2013

Significant And Substantial: The History And Continuing Evolution Of One Of The Mine Safety And Health Administration's Principal Enforcement Tools, Maxwell Multer

West Virginia Law Review

The cornerstone of the graduated enforcement scheme enacted to ensure safety in America's mines, significant and substantial has long been one of the Mine Safety and Health Administration's principal enforcement tools. In the 1969 Federal Coal Mine Health and Safety Act, Congress mandated that when a federal mine inspector issues a citation for a violation of a mandatory health or safety standard, the inspector must indicate whether the violation is one that "could significantly and substantially contribute to the cause and effect of a mine safety or health hazard." While Congress provided minimal guidance as to what it intended and …


The Legality Of Drilling Sideways: Horizontal Drilling And Its Future In West Virginia, Jason A. Proctor Sep 2012

The Legality Of Drilling Sideways: Horizontal Drilling And Its Future In West Virginia, Jason A. Proctor

West Virginia Law Review

No abstract provided.


Regulatory Takings In The Shale Gas Patch, Patrick Mcginley Apr 2011

Regulatory Takings In The Shale Gas Patch, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.


What We Owe Our Coal Miners, Anne M. Lofaso Jan 2011

What We Owe Our Coal Miners, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Coal Mine Safety: A Call For Comparative Law And Interdisciplinary Studies, Anne M. Lofaso Oct 2010

Coal Mine Safety: A Call For Comparative Law And Interdisciplinary Studies, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Hydraulic Fracturing Goes To Court: How Texas Jurisprudence On Subsurface Trespass Will Influence West Virginia Oil And Gas Law, Travis Zeik Jan 2010

Hydraulic Fracturing Goes To Court: How Texas Jurisprudence On Subsurface Trespass Will Influence West Virginia Oil And Gas Law, Travis Zeik

West Virginia Law Review

No abstract provided.


The Gift That Keeps On Giving: An Examination Of The Growing Problem Of Offshore Oil And Gas Royalty Relief, J. Todd Bergstrom Jan 2010

The Gift That Keeps On Giving: An Examination Of The Growing Problem Of Offshore Oil And Gas Royalty Relief, J. Todd Bergstrom

West Virginia Law Review

No abstract provided.


Approaching Coal Mine Safety From A Comparative Law And Interdisciplinary Perspective, Anne Marie Lofaso Sep 2008

Approaching Coal Mine Safety From A Comparative Law And Interdisciplinary Perspective, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.


Dedication, Joyce E. Mcconnell Sep 2008

Dedication, Joyce E. Mcconnell

West Virginia Law Review

No abstract provided.