Pandora in the coal fields: environmental liabilities, acquisitions, and dispositions of coal properties

Journal Article · · W.Va. Law Rev.; (United States)

OSTI ID:5812890

McGinley, P C; Webber, B S

The environmental implications which parties engaged in coal property transaction need to consider and the consequences of ignoring environmental problems are the focus of this article. The authors examine potential liabilities inherent in the sale or lease transaction, and urge a rigorous review of the risks and benefits that includes a legal, technical-scientific, and economic analysis. Part of the analysis should be an audit of existing and potential environmental liabilities by legal counsel and technical experts in geology, mining, and hydrology. The results of the audit should affect the lease or sale provisions as they pertain to insurance, indemnity, warranties, minimum royalties, termination, force majure, and bonding. The environmental liabilities will affect the coal property price and the provisions for shifting financial responsibility.

• Research Organization: West Virginia Univ., Morgantown
• OSTI ID: 5812890
• Journal Information: W.Va. Law Rev.; (United States), Journal Name: W.Va. Law Rev.; (United States) Vol. 87:3; ISSN WVLRD
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
010900* -- Coal
Lignite
& Peat-- Environmental Aspects
017000 -- Coal
Lignite
& Peat-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
294001 -- Energy Planning & Policy-- Coal
COAL MINING
ECONOMIC ANALYSIS
ECONOMICS
ENVIRONMENTAL IMPACTS
LAND LEASING
LEASING
LEGAL ASPECTS
LIABILITIES
MINING
REGULATIONS
SALES