W. Va. Code » §22-3-1. Short title.
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W. Va. Code § 22-3-1 (2026)

Short title

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ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.

§22-3-1. Short title.

This article shall be known and cited as the Surface Coal Mining and Reclamation Act.

Notes of Decisions
Cited in 38 cases (3 in the last 5 years), 1996–2025 · leading case: Antco, Inc. v. Dodge Fuel Corp., 550 S.E.2d 622 (W. Va. 2001).
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Antco, Inc. v. Dodge Fuel Corp., 550 S.E.2d 622 (W. Va. 2001). · cites it 28× “Applicability of the West Virginia Surface Coal Mining and Reclamation Act Appellants ask us to review the conduct of the appellees in light of the West Virginia Surface Coal Mining and Reclamation Act ("WVSCMRA"), now found at W. Va.Code § 22-3-1, et seq. [8] Our Legislature…”
McElroy Coal Co. v. Michael & Patricia Schoene, 813 S.E.2d 128 (W. Va. 2018). · cites it 22× “surface from the breaking of said strata," prohibit a surface estate owner from pursuing a common law claim for loss of support arising from subsidence caused by the extraction of coal from below the surface? (2) Assuming the surface lands and residence of a landowner have been…”
Texas E. Transmission v. W. Va. Dept. of Env't Prot., etc. & Marshall Co. Coal v. Texas E. Transmission, 807 S.E.2d 802 (W. Va. 2017). · cites it 4× “13 Texas Eastern's third ground asserts that the circuit court's conclusion is inconsistent with key objectives of the West Virginia Surface Coal Mining and Reclamation Act, W. Va. Code § 22-3-1 et seq . Because our decision in these consolidated appeals is based upon our…”
Louden v. West Virginia Div. of Env't Prot., 551 S.E.2d 25 (W. Va. 2001). · cites it 6× “3 Finally, DEP contends that the circuit court erred in finding that Appellees made a significant contribution to a full and fair determination of the issues.”
In Re Flood Litig., 607 S.E.2d 863 (W. Va. 2004). · cites it 2× “Finally, it is clear that Congress left ample room for state regulation of the extraction and removal of natural resources like that involved herein in light of such state legislation as the Surface Coal Mining and Reclamation Act, W.Va. Code §§ 22-3-1 to 22-3-19. Therefore, we…”
Ohio Valley Env't Coalition v. Foal Coal Co., 274 F. Supp. 3d 378 (S.D. W. Va. 2017). · cites it 2× “W. Va. Code §§ 22-3-1 to -33; 46 Fed. Reg.”
In re Appalachian Fuels, LLC, 493 B.R. 1 (B.A.P. 6th Cir. 2013). · cites it 2× “WVDEP asserted its rights under (1) the West Virginia Surface Coal Mining and Reclamation Act, W. Va. Code §§ 22-3-1 through 22-3-32a (WVSCMRA); (2) the West Virginia Surface Mining Reclamation Rule, W.”
DK Excavating, Inc. v. Miano, 549 S.E.2d 280 (W. Va. 2001). · cites it 2× “In making its ruling, the circuit court relied on a 1997 amendment to the definition of "surface mining" under the West Virginia Surface Mining Control and Reclamation Act ("WVSMCRA"), West Virginia Code §§ 22-3-1 to -32 (1997) (Repl. Vol.1998), which exempts from such…”
Ohio Valley Env't Coalition v. Elk Run Coal Co., 24 F. Supp. 3d 532 (S.D. W. Va. 2014). · cites it 2× “W. Va.Code §§ 22-3-1 to -33; 46 Fed. Reg.”
Ohio Valley Env't Coalition, Inc. v. Alex Energy, Inc., 12 F. Supp. 3d 844 (S.D. W. Va. 2014). · cites it 2× “W. Va. Code § 22-3-1 et seq. Regulations passed pursuant to the WVSCMRA require permit holders to comply with the terms and conditions of their permits and all applicable performance standards.”
Ohio Valley Env't Coalition, Inc. v. Fola Coal Co., 82 F. Supp. 3d 673 (S.D. W. Va. 2015). · cites it 2× “W. Va.Code §§ 22-3-1 to -33; 46 Fed. Reg.”
Ohio Valley Env't Coalition v. Fola Coal Co., 120 F. Supp. 3d 509 (S.D. W. Va. 2015). · cites it 2× “W. Va.Code §§ 22-3-1 to -33; . 46 Fed. Reg.”
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