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West Virginia Law Review

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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 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."


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.


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.


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.


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. …