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West Virginia University

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Articles 151 - 180 of 348

Full-Text Articles in Oil, Gas, and Mineral Law

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.


Jurisdiction And Exemptions Under The Surface Mining Control And Reclamation Act Of 1977, John M. Hedges Apr 1984

Jurisdiction And Exemptions Under The Surface Mining Control And Reclamation Act Of 1977, John M. Hedges

West Virginia Law Review

No abstract provided.


Forfeiture: General State Of The Law And Movement To Further Confine Its Application In The Coal Lease, Linda Rae Arimez Apr 1984

Forfeiture: General State Of The Law And Movement To Further Confine Its Application In The Coal Lease, Linda Rae Arimez

West Virginia Law Review

Recent case law developments in Ohio and West Virginia have narrowed the application of forfeiture in obtaining the termination of a coal mining lease for breach of express and implied covenants. This Note examines the law of forfeiture generally, and later discusses these recent cases and their ramifications.


Federal Regulation Of Coal Mine Waste Disposal: A Blueprint For Disaster, Thomas J. Fitzgerald Apr 1984

Federal Regulation Of Coal Mine Waste Disposal: A Blueprint For Disaster, Thomas J. Fitzgerald

West Virginia Law Review

No abstract provided.


Coal Resource Development--Toward A Rational Policy, J. Davitt Mcateer Apr 1984

Coal Resource Development--Toward A Rational Policy, J. Davitt Mcateer

West Virginia Law Review

No abstract provided.


Federal Tort Liability For Negligent Mine Safety Inspections, W. Eugene Basanta May 1983

Federal Tort Liability For Negligent Mine Safety Inspections, W. Eugene Basanta

West Virginia Law Review

No abstract provided.


The Federal Black Lung Program: A 1983 Primer, John S. Lopatto Iii May 1983

The Federal Black Lung Program: A 1983 Primer, John S. Lopatto Iii

West Virginia Law Review

No abstract provided.


The Coal Depletion Allowance Deduction, Martin J. Mcmahon Jr. May 1983

The Coal Depletion Allowance Deduction, Martin J. Mcmahon Jr.

West Virginia Law Review

No abstract provided.


Rail Rates For Coal Transportation: An Icc Decision Costly To Shippers, Ben David Shiriak May 1983

Rail Rates For Coal Transportation: An Icc Decision Costly To Shippers, Ben David Shiriak

West Virginia Law Review

No abstract provided.


Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn May 1983

Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn

West Virginia Law Review

No abstract provided.


United States Steel Corp. V. Hoge: A Judicial Decision Which Fails To Solve The Coalbed Gas Ownership Problem, Steven P. Mcgowan May 1983

United States Steel Corp. V. Hoge: A Judicial Decision Which Fails To Solve The Coalbed Gas Ownership Problem, Steven P. Mcgowan

West Virginia Law Review

In the past decade the search for new and alternative energy sources has brought to the forefront a number of legal problems which have restricted the ability of industry to produce certain resources. Coalbed gas is one potential energy source whose development has been significantly impeded by legal questions. Ironically, the technical problems in coalbed gas exploitation, which in the past appeared insurmountable, have become secondary to the more complicated ownership issue. The uncertainty surrounding the ownership of coalbed gas rights has hampered development of this vital energy source. Surface owners and gas lessees have attempted to lay claim to …


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."


Recent Developments In Black Lung Litigation--Rebuttal Of The Interim Presumption, Tony Cicconi May 1983

Recent Developments In Black Lung Litigation--Rebuttal Of The Interim Presumption, Tony Cicconi

West Virginia Law Review

No abstract provided.


Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith May 1983

Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith

West Virginia Law Review

No abstract provided.


West V. National Mines: Creation Of Private Nuisance By Use Of Public Property, Gene W. Bailey Ii Jan 1983

West V. National Mines: Creation Of Private Nuisance By Use Of Public Property, Gene W. Bailey Ii

West Virginia Law Review

No abstract provided.


Commerce Clause V. Coal Severance Taxation, Wray Voegelin Aug 1982

Commerce Clause V. Coal Severance Taxation, Wray Voegelin

West Virginia Law Review

No abstract provided.


Recent Decisions Under The Federal Mine Safety And Health Act Of 1977, Wray Voegelin Aug 1982

Recent Decisions Under The Federal Mine Safety And Health Act Of 1977, Wray Voegelin

West Virginia Law Review

No abstract provided.


The Federal Surface Mining Control And Reclamation Act Of 1977--First To Survive A Direct Tenth Amendment Attack, Dennis Abrams Aug 1982

The Federal Surface Mining Control And Reclamation Act Of 1977--First To Survive A Direct Tenth Amendment Attack, Dennis Abrams

West Virginia Law Review

On June 15, 1981, the Federal Surface Mining Control and Reclamation Act became the first federal environmental law to survive direct tenth amendment challenges in the United States Supreme Court. These challenges, asserted by the sovereign states of Virginia and Indiana, have perhaps signaled the end of a very uncertain beginning for SMCRA. In Virginia Surface Mining and its companion case, Hodel v. Indiana, the Court put to rest the notion that SMCRA violates the Constitution by infringing upon powers reserved to or preserved for the states by the tenth amendment. This note looks at the coal mining industry and …


A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D. Jun 1981

A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.

West Virginia Law Review

No abstract provided.


Accidents: Causation And Responsibility In Law, A Focus On Coal Mining, J. Davitt Mcateer Jun 1981

Accidents: Causation And Responsibility In Law, A Focus On Coal Mining, J. Davitt Mcateer

West Virginia Law Review

No abstract provided.


The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman Jun 1981

The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman

West Virginia Law Review

No abstract provided.


A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons Jun 1981

A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons

West Virginia Law Review

No abstract provided.


Safety In The United Kingdom's Deep Coal Mines, John L. Collinson Jun 1981

Safety In The United Kingdom's Deep Coal Mines, John L. Collinson

West Virginia Law Review

No abstract provided.


Independent Contractor Safety In The Mines: A Review And Analysis Of Regulatory History With Proposals For Change, Diane C. Chernoff Jun 1981

Independent Contractor Safety In The Mines: A Review And Analysis Of Regulatory History With Proposals For Change, Diane C. Chernoff

West Virginia Law Review

No abstract provided.


The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query Jun 1981

The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query

West Virginia Law Review

To be successful, attorneys must acquire certain basic skills and knowledge in their respective areas of expertise. Additionally, attorneys must participate in continuing legal education to maintain these basic skills and knowledge. This is especially true for federal black lung attorneys due to the dynamic nature of the law in this area. Federal black lung law has changed dramatically since the orginial enactment of Title IV of the Federal Coal Mine Health and Safety Act of 1969. Since its passage in December 1969, the Act has been substantially amended twice, first by the Black Lung Benefits Act of 1972 (BLBA), …


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.


Coal: The Coming Decade, Jennings Randolph Jun 1980

Coal: The Coming Decade, Jennings Randolph

West Virginia Law Review

No abstract provided.


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.


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 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.