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Articles 151 - 180 of 340
Full-Text Articles in Oil, Gas, and Mineral Law
Rail Rates For Coal Transportation: An Icc Decision Costly To Shippers, Ben David Shiriak
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
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
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
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."
Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith
Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith
West Virginia Law Review
No abstract provided.
Recent Developments In Black Lung Litigation--Rebuttal Of The Interim Presumption, Tony Cicconi
Recent Developments In Black Lung Litigation--Rebuttal Of The Interim Presumption, Tony Cicconi
West Virginia Law Review
No abstract provided.
West V. National Mines: Creation Of Private Nuisance By Use Of Public Property, Gene W. Bailey Ii
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
A New Program For The Management Of Federal Coal Reserves, Guy R. Martin
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
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.
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
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
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
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
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
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
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. …