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Articles 31 - 60 of 86
Full-Text Articles in Oil, Gas, and Mineral Law
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.
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 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 …
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.
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.
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.
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 Pit And The Pendulum: The Senate And S. 1403, Robert J. Shostak
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
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
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
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
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
Changing Concepts In The Ad Valorem Severance Taxation Of Coal In West Virginia, John Kent Dorsey
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
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
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
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
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
Regulation Of Blasting Practices Under The Surface Mining Control And Reclamation Act Of 1977, Ralph C. Young
West Virginia Law Review
No abstract provided.
Unauthorized Work Stoppages--Carbon Fuel Co. V. Umw, Joseph E. Bernot
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
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
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
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
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
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 …
A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb
A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb
West Virginia Law Review
No abstract provided.