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Supreme Court’s Perez Decision Shines the Light on Federal Agencies’ Authority to Use “Interpretations” (Often called Shadow...

Over the last three decades, federal agencies have increasingly used “interpretations” to “explain” what a formal regulation means, rather than to go through the more expensive, complicated and slow process of changing the...more

Changing MSHA Penalties: What’s on the Horizon for Mine Operators?

The Mine Safety and Health Administration (MSHA) is in the process of reviewing proposed new civil penalty regulations following multiple hearings in which stakeholders offered their comments. Civil penalties for safety...more

Broader Regulation of Offshore Contractors on Horizon

On November 12, 2014 the Bureau of Safety and Environmental Enforcement (BSEE) strongly signaled a forthcoming review of its offshore facility decommissioning regulations and regulatory authority over contactors. While the...more

CalPERS’ Commitment to Infrastructure (Real Assets Annual Program Review, November 2014)

On November 17, 2014, the California Public Employees’ Retirement System (CalPERS), the largest U.S. public pension fund with approximately $300 billion in assets, conducted its annual real assets program review. CalPERS’...more

Sixth Circuit Dismisses Whistleblower’s Claims Made By Job Applicant

This week, the U.S. Court of Appeals for the Sixth Circuit ruled that a job applicant lacks standing to bring whistle-blower claims under the Energy Reorganization Act and the False Claims Act (“FCA”) because those laws’...more

Illinois Supreme Court Debates Scope of Whistleblower Statute

During the September term, the Illinois Supreme Court debated an important question about the scope of the state Whistleblower Act: does a plaintiff state a claim under the statute by alleging that the defendant falsified...more

Mine Fatalities: Causes, Prevention, and MSHA Enforcement

A number of fatal mine accidents occurred in the United States between January 1 and September 22, 2014. Coal Mines - - Four underground employees on foot were crushed by equipment in operation. - Two...more

The Latest Update on Aviation Regulatory Matters Involving DOT, FAA, TSA, and Other Federal Agencies

Congressional Action Impacting Aviation - Senate Commerce Committee Chairman Requests Airline Information on Ancillary Service Fees, Consumer Privacy Protection: Senator John D. Rockefeller, IV, chairman of the...more

Labor Letter, March 2013: MSHA's Still Making Its POV List, But No Longer Checking it Twice

Staying Off MSHA’s “Naughty List” - The Mine Safety and Health Administration (MSHA) recently released a Final Rule that significantly changes the way the Agency charged with protecting America’s miners enforces one of...more

OSHA Still Interested in Oil and Gas Industry

One of the biggest fines paid in the history of the U.S. Occupational Safety and Health Administration (OSHA) came from the oil and gas industry. ...more

Safety First: Consider On-Site Consultation

Although only tangentially related to oil and gas operations, the recent pipeline rupture and resulting fire near Charleston, West Virginia highlights the importance of safety inspections and the costs incurred when accidents...more

Labor Letter, January 2013: Preventing Discrimination Complaints Under The Mine Act: Six Steps To Protect Your Company

The Mine Safety and Health Administration (MSHA) recently announced what many mine operators and independent contractors have experienced for the past several years – a heightened focus on, and tremendous increase in, the...more

MSHA/OSHA Report - November 2012

In This Issue: - MSHA Update ..End of Temporary Reinstatement - That Was Not Temporary - OSHA Update ..Wanted: Regulatory Agendas for 2012 Please see full report below for more information....more

End Of Temporary Reinstatement - That Was Not Temporary

Margo Lopez and Denise Giraudo in our Mine Safety Practice Group are to be highly congratulated for an extraordinary victory that favors the entire mining industry. In Vulcan Construction Materials v. Federal Mine Safety and...more

PA Tax Law News -- December 2012

In This Issue: PA Supreme Court Affirms Sales Tax Exemption for “CHEP” Pallets; Promoting Employment Across Pennsylvania Act; Fuel Tax Update; Delaware & New Jersey Abandoned & Unclaimed Property Developments; Filed a...more

CIS Legal Update - September 2012

In This Issue: - p1 Presidential Decree Tightens Government Control Over Russian Strategic Sector Companies - p2 ETFs Finally Come to Russia - p2 RF Legislation Expands Government Control Over...more

MSHA/OSHA Report - August 2012

In This Issue: Safety and Health Enforcement Developments: - MSHA Update - OSHA Update ..OSHA's Oil & Gas Flame Resistant Clothing Memo Held to Be Improper Rulemaking ..Final Electric Power Transmission and...more

U.S. OSHA Issues Hazard Alert Regarding Silica Exposure in Fracking Operations

The U.S. Occupational Safety and Health Administration (“OSHA”) and the National Institute for Occupational Safety and Health (“NIOSH”) have issued a hazard alert to employers engaging in hydraulic fracturing – or “fracking”...more

Ontario Announces Summer Safety Inspection Blitz Of Crane Safety And Surface Mines And Quarries

The Ontario Ministry of Labour recently announced a summer safety inspection blitz targeting construction sites with mobile and tower cranes, as well as surface mines and quarries, as part of its Safe at Work Ontario...more

The Dangers of Misclassifying Landmen: Is The Government’s New Settlement Program Too Good To Pass Up?

The days of the lone landman driving around the back roads taking leases and visiting courthouses have become a thing of the past. Though there are still a few independent landmen that fit this mold, clients have demanded...more

The Canadian Oil Sands - A Backgrounder: Challenges

Oil sands projects and developers are exposed to various risks and challenges, including: • Cost Overruns and Delays. Many oil sands projects have encountered cost overruns and delays. Historically, some fully...more

The Canadian Oil Sands - A Backgrounder: Current Issues in the Oil Sands

Underutilized U.S. Refining Capacity and Transportation - Figures released by the United States Energy Information Administration (EIA) indicate that utilization rates at major U.S. crude processing plants are low – the...more

Fire Retardant Clothing Is Not, Per Se, Required to Be Worn by Employees in the Oil and Gas Industry

On June 6, 2012, a decision much anticipated by the oil and gas industry was rendered (the Decision). The Decision has clarified whether fire/flame retardant/resistant clothing (FRC) is always required to be worn by workers...more

Hydraulic Fracturing: A Future Source of Silicosis Claims?

In April 2012, Eric Esswein, an industrial hygienist from the National Institute for Occupational Safety and Health, made a statement at a conference sponsored by the Institute of Medicine that was guaranteed to attract the...more

McAfee & Taft RegLINC - May 2012

In This Issue: - 2 GAO issues report on safety of federally unregulated gathering pipelines - 3 Advisory bulletin issued to natural gas cast iron distribution pipelines - 3 PHMSA’S FY 2013 budget focuses on hiring...more

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