EMLF: Coal Law Short Course

Monday August 3, 2009	WVU College of Law, Lugar Courtroom
9 a.m.-Noon	Ownership Mining Rights and Subsidence J. Thomas Lane, Bowles Rice McDavid Graff & Love, Charleston, WV	Lane
	Part 2 ~ Ownership Concepts of Private Ownership Ownership Theories: Surface and Hard Minerals; Oil and Gas; Absolute, Qualiﬁed and Non-ownership Signiﬁcance of Different Ownership Theories; Corporeal v. Incorporeal Distinction; Real Property or Personal Property Estates in Land and the Concept of Severance Methods of Severance Distinction: Deed, Lease or License Part 3 ~ Ownership Determination and Resolving Ambiguities “Surface” Conveyances and Implications “Mineral” Conveyances and Implications Coalbed Gas: Conﬂicting Decisions on Ownership Container Spaces: Ownership and Use Issues Fractional Interest Conveyances Interpretation of Instruments, Rules of Construction and Resolving Ambiguities Slander of Title: When Everything Goes Wrong
10:15-10:30 a.m.	Break
	Part 4 ~ Mining Rights and Easements Severed Ownership and Correlative Rights Coal and Hard Mineral Mining Rights: Implied and Express Reasonable and Necessary Rules Surface Mining Rights New Technology - General Longwall Mining Use of Container Space Effect of the Surface Mining Control and Reclamation Act (SMCRA) Part 5 ~ Surface Support and Subsidence Geology Common Law on Subsidence Longwall Mining Effect of Surface Mining Act Takings Issues
Noon-1 p.m.	Hosted Luncheon at Law School (Lobby)
1-2:30 p.m.	Conflicts, Trespass and Damage Claims Richard J. Bolen, Huddleston Bolen LLP, Huntington, WV	Bolen
	Part 6 ~ Conﬂicts General Principles Express and Implied Rights Correlative Rights Alternate Means (Accommodation) Doctrine Coal vs. Surface Coal vs. Oil and Gas Part 7 ~ Trespass and Damage Claims Trespass Deﬁned Waste Deﬁned Cases on Trespass and Waste Holdover Tenants and Damages Nuisance Claims Negligence and Damage Claims Liability for Condition of Land Part 8 ~ Statutory Actions and Protections Protection of Coal Seam Citizen Suits Under Surface Mining Act Five-Foot Rule
2:30-2:45 p.m.	Break
2:45-3:45 p.m.	Divided Ownership and Adverse Possession Professor Barlow Burke, American University, Washington College of Law, Washington, DC	Burke
	Part 9 ~ Divided Ownership Cotenants and Production Development and Accounting Concept of Waste Partition as a Remedy Successive Owners – Special Rules Other Statutory Remedies: Missing, Unknown or Abandoning Owners Part 10 ~ Adverse Possession Statutes Cases
3:45-4 p.m.	Break
4-5:30 p.m.	The Coal Lease, Post Lease Conveyances and Termination Thomas E. Meng, Stites & Harbison, Lexington, KY	Meng
	Part 11 ~ The Coal Lease The Coal Lease Distinction Between Sale and Lease Analysis of the Coal Lease: Term Clause; Royalty and Rental Clauses Implied Covenants: Commence Mining; Prosecute Mining Remedies for Default; Cure Part 12 ~ Post Lease Conveyances and Termination Assignment and Sublease Assignment and Sublease Prohibition Clauses Overriding Royalty Agreements Lease Termination
	Monday evening on your own