Legal Opinion
Michael Schoene v. McElroy Coal Company
Court of Appeals for the Fourth Circuit
Decided July 18, 2017No. 16-1788UnpublishedCited by 1 opinion
1Opinion of the Court
Questions certified to the Supreme Court of Appeals of West Virginia by unpublished order. Judge Agee prepared the order in which Judge Keenan and Judge Harris join.
ORDER OF CERTIFICATION TO THE SUPREME COURT OF APPEALS OF WEST VIRGINIA
AGEE, Circuit Judge:
Pursuant to West Virginia’s Uniform Certification of .Questions of Law Act, W. Va. Code § 51-1A-1 et seq., we hereby respectfully request that the Supreme Court of Appeals of West Virginia exercise its discretion to answer the following question:(1)Under West Virginia law, does a deed provision (1902) transferring the right to mine coal…
2Cases cited9 opinions
- West Virginia - Pittsburgh Coal Co. v. StrongWest Virginia Supreme Court · 1947
- Griffin v. Coal Co.West Virginia Supreme Court · 1905
- Brown v. Crozer Coal & Land CompanyWest Virginia Supreme Court · 1959
- Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. West Virginia Coal Associationwest Virginia Mining and Reclamation Association, Intervenors/defendantsappellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief to the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated, Intervenors/defendantsappellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James w.weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. International Union, United Mine Workers of America, Intervenor/defendantappellant, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company, Intervenors/defendants-Appellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginiafriends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General,chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness division,u.s. Army Corps of Engineers, Huntington District, and Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. West Virginia Coal Association West Virginia Mining and Reclamation Association, Intervenors/defendantsappellants v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company, Intervenors/defendants-Appellants v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and West Virginia Coal Association West Virginia Mining and Reclamation Association Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici CuriaeCourt of Appeals for the Fourth Circuit · 2001
- Continental Coal Co. v. Connellsville By-Product Coal Co.West Virginia Supreme Court · 1927
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3Cited by1 opinion
- Michael Schoene v. McElroy Coal CompanyCourt of Appeals for the Fourth Circuit · 2018