Open Access. Powered by Scholars. Published by Universities.®

Oil, Gas, and Mineral Law Commons

Open Access. Powered by Scholars. Published by Universities.®

West Virginia University

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 181 - 210 of 348

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

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, …


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.


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 …


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.


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 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.


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. …


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.


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.


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 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.


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.


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.


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 …


The Enactment Of The Surface Mining Control And Reclamation Act Of 1977 In Retrospect, Morris K. Udall Jun 1979

The Enactment Of The Surface Mining Control And Reclamation Act Of 1977 In Retrospect, Morris K. Udall

West Virginia Law Review

No abstract provided.


The Far Side Of Paradox: State Regulation Of The Environmental Effects Of Coal Mining, K. W. James Rochow Jun 1979

The Far Side Of Paradox: State Regulation Of The Environmental Effects Of Coal Mining, K. W. James Rochow

West Virginia Law Review

No abstract provided.


The Failure Of The Interim Regulatory Program Under The Surface Mining Control And Reclamation Act Of 1977: The Need For Flexible Controls, Robert J. Gage Jun 1979

The Failure Of The Interim Regulatory Program Under The Surface Mining Control And Reclamation Act Of 1977: The Need For Flexible Controls, Robert J. Gage

West Virginia Law Review

No abstract provided.


Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld Jun 1979

Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld

West Virginia Law Review

No abstract provided.


Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock Jun 1979

Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock

West Virginia Law Review

No abstract provided.


A Summary Of The Legislative History Of The Surface Mining Control And Reclamation Act Of 1977 And The Relevant Legal Periodical Literature, Robert A. Waters Jun 1979

A Summary Of The Legislative History Of The Surface Mining Control And Reclamation Act Of 1977 And The Relevant Legal Periodical Literature, Robert A. Waters

West Virginia Law Review

No abstract provided.


Judicial Review Of Regulations Promulgated Under The Surface Mining Control And Reclamation Act Of 1977--In Re Surface Mining Regulation Litigation, Joyce Fleming Ofsa, David E. Godwin Jun 1979

Judicial Review Of Regulations Promulgated Under The Surface Mining Control And Reclamation Act Of 1977--In Re Surface Mining Regulation Litigation, Joyce Fleming Ofsa, David E. Godwin

West Virginia Law Review

No abstract provided.


Regulation Of Blasting Practices Under The Surface Mining Control And Reclamation Act Of 1977, Ralph C. Young Jun 1979

Regulation Of Blasting Practices Under The Surface Mining Control And Reclamation Act Of 1977, Ralph C. Young

West Virginia Law Review

No abstract provided.


Approximate Original Contour And The Taking Issue--Virginia Surface Mining And Reclamation Association, Inc. V. Andrus, David Jividen Jun 1979

Approximate Original Contour And The Taking Issue--Virginia Surface Mining And Reclamation Association, Inc. V. Andrus, David Jividen

West Virginia Law Review

No abstract provided.


The Protection Of Hydrologic And Land Preservation Values Under The Surface Mining Control And Reclamation Act Of 1977: A Welcome Reform, David Wooley Jun 1979

The Protection Of Hydrologic And Land Preservation Values Under The Surface Mining Control And Reclamation Act Of 1977: A Welcome Reform, David Wooley

West Virginia Law Review

No abstract provided.


Unauthorized Work Stoppages--Carbon Fuel Co. V. Umw, Joseph E. Bernot Jun 1979

Unauthorized Work Stoppages--Carbon Fuel Co. V. Umw, Joseph E. Bernot

West Virginia Law Review

No abstract provided.


Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett Jun 1979

Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett

West Virginia Law Review

Public participation in the regulatory process has become increasingly common in recent years, especially in environmental matters. The West Virginia Surface Mining and Reclamation Act contains a number of devices by which citizens can present their views concerning proposed strip mines and can compel enforcement of the Act's provisions. The federal Surface Mining Control and Reclamation Act of 1977, by allowing citizen access to almost every phase of the regulatory process, opens even more avenues for participation than are currently available in West Virginia and other states. An invitation to citizens to take part in these regulatory and enforcement activities …


Legal Problems Relating To Ownership Of Gas Found In Coal Deposits, Patrick C. Mcginley Jun 1978

Legal Problems Relating To Ownership Of Gas Found In Coal Deposits, Patrick C. Mcginley

West Virginia Law Review

No abstract provided.


Unauthorized Work Stoppages--Stranger Pickets In The Coalfields, S. Benjamin Bryant Jun 1978

Unauthorized Work Stoppages--Stranger Pickets In The Coalfields, S. Benjamin Bryant

West Virginia Law Review

No abstract provided.