House Bill 2073 was introduced on January 9, 2019 and was referred to the House Energy Committee. The stated purpose of the bill is to implement recommendations that were made as a result of studies that the legislature required when it passed the Natural Gas Horizontal Well Control Act. Importantly, the proposed law requires the continuous monitoring of air, noise,…[...]
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Ohio courts have struggled for the last 8 to 10 years with a tremendous amount of litigation related to its Dormant Mineral Act. The Act, in theory, allowed surface owners to reclaim previously severed oil and gas interests if the owner/holder of those severed mineral interests had not done certain things with their minerals over a 20-year period. Ohio has…[...]
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Litigation pending before the West Virginia Supreme Court could raise important questions about potential liabilities owed by landowners who signed oil and gas leases. In Hanover v. LML Properties, et al a company providing contract mining services filed a lien against the owners of the coal and land at issue when it was not paid by the company that hired it. The trial court…[...]
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With a new year, there are plenty of new experiences that lie ahead for everyone. New experiences can be scary. But imagine the new insight you’ll obtain by trying new things, just say YES! I discovered the Theory of Yes from an old TED Talk by Shonda Rhimes. She talked about this new theory she applied to her life and…[...]
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With the kickoff of the 2019 Legislative session underway, West Virginians will, once again, be hearing the drumbeat of calls for an intermediate appeals court – an entirely new layer of judges and courts to hear appeals from trial courts before an appeal can be heard by the West Virginia Supreme Court of Appeals (“WVSCA”). Under West Virginia’s historical courts…[...]
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In honor of Martin Luther King Day, I wanted to write a short tribute to Franklin Dorrah Cleckley. As an attorney, law professor and justice, he had a profound impact on generations of up-and-coming attorneys. He was a tireless advocate, beginning his career as a Navy JAG officer and then returning to his native West Virginia to practice law. In…[...]
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Now that we finally have a little bit of snow and some pretty cold weather, I am reminded of the blizzards and snow storms I have experienced during my lifetime. There are two that really stick out in my memory. The first one I remember was the winter of 1978 when we were hit with a blizzard on January 20th that no…[...]
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This tax season is the most exciting one in decades. We have our first chance to see the impact of the tax reform that President Trump signed into law at the end of 2017. The policy debate now gives way to the facts. Did the middle class really receive the tax cut they were promised? Or did all the benefits go to corporate America…[...]
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With the beginning of the new year, W-2 forms will soon be filling mailboxes. Upon review, some of you may ponder why you are not receiving overtime. Overtime laws are designed to prevent workers from being exploited by their employers. However, 40% of workers are exempt from overtime laws. Most states, including West Virginia, have closely based overtime laws on the Fair Labor…[...]
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During the holidays, I came across a cute galvanized recipe box online and purchased it for my daughter who loves to cook. As I scrolled through some recipe cards to go in it I wondered if she would really use this. By simply logging onto the internet, so many recipes are accessible and can be printed much more quickly than sitting down…[...]
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