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West Virginia Law Review

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Articles 181 - 210 of 340

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

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.


Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck Jun 1978

Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck

West Virginia Law Review

On February 28, 1977, the Supreme Court of Pennsylvania decided the case of Commonwealth v. Barnes & Tucker Co. That decision resolved a lengthy controversy over the issue of responsibility for the abatement of acid mine drainage emanating from an inactive deep coal mine which was owned and once operated by Barnes and Tucker Co. The Supreme Court's decision, requiring the company to bear the responsibility for the treatment of the discharge, is significant. It illustrates not only the strength of Pennsylvania's commitment to a clean environment, but also the ability of the state to act in furtherance of that …


The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl Jun 1978

The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl

West Virginia Law Review

Few Americans will deny that if we are not already immersed in an energy crisis, we are at least on the brink of a very serious energy crunch. Consequently, it is critical that we reassess our present and future energy resources, our escalating consumption of finite reserves, and. our commitment to energy conservation. Pivotal to such an assessment is the development of our nation's vast western coal deposits and the vital part that federal coal can play in this tableau. Just one short year ago, the nation was primed to embark upon a new era of federal coal leasing as …


The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins Jun 1978

The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins

West Virginia Law Review

On February 15, 1978, Congress enacted the Black Lung Benefits Reform Act of 1977. The passage of this legislation followed months of congressional indecision over just how the existing black lung benefits system could be reformed. During this period, the financing of the program appeared to be the most divisive issue. That issue was finally resolved by the enactment in late January of the Black Lung Benefits Revenue Act of 1977. After this hurdle was cleared, the conference committee report on the reform act easily passed both houses.' The Act, which amended the Federal Coal Mine Health and Safety Act …


A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb Jun 1978

A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb

West Virginia Law Review

No abstract provided.


The Federal Mine Safety And Health Amendments Act Of 1977: Closure Encounters Of The Third Kind, Edmund J. Moriarty, Mark M. Pierce Jun 1978

The Federal Mine Safety And Health Amendments Act Of 1977: Closure Encounters Of The Third Kind, Edmund J. Moriarty, Mark M. Pierce

West Virginia Law Review

No abstract provided.


Prohibition Of Surface Mining In West Virginia, Patrick Charles Mcginley Jun 1976

Prohibition Of Surface Mining In West Virginia, Patrick Charles Mcginley

West Virginia Law Review

No abstract provided.


The Federal Water Pollution Control Act Amendments Of 1972 As Applied To The Surface Mine In West Virginia--Pollutant Discharge Permit Requirements, Lawrence W. Marquess Feb 1976

The Federal Water Pollution Control Act Amendments Of 1972 As Applied To The Surface Mine In West Virginia--Pollutant Discharge Permit Requirements, Lawrence W. Marquess

West Virginia Law Review

No abstract provided.


Enforcement Of Federal Coal Mine Health And Safety Regulations, Madison Mcculloch Jun 1975

Enforcement Of Federal Coal Mine Health And Safety Regulations, Madison Mcculloch

West Virginia Law Review

By now most people are aware of the fact that the federal government, through the Federal Coal Mine Health and Safety Act of 1969, invited itself to become a party to the business of mining coal. A mining disaster near Farmington, West Virginia, in 1968, causing the death of seventy-eight miners, was the prime mover for the enactment of this legislation. The Act was labeled by one of its authors as "not only one of the most important pieces of legislation of this or any other Congress it is one of the most complex pieces of legislation ever enacted." For …