News & Analysis as of

Mining

Minerals Matters Autumn 2017

by DLA Piper on

Hello and welcome to the latest edition of Minerals Matters. A lot has happened since the last edition but the issues that affect business remain the same and certainty remains elusive and in many respects even harder to...more

8 For ‘18: 8 Things for Employers to Look For from OSHA and MSHA in 2018

by Fisher Phillips on

It’s that time of year again: for employers to celebrate the successes of the prior year and make plans and resolutions for the new one. But OSHA and MSHA are making New Year’s resolutions, too, and employers are well-advised...more

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

by Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

Energy Hot Topics at DLA Piper Africa Week (27 November - 1 December)

by DLA Piper on

The energy sector is a key driver of growth and development for the entire African continent. Energy infrastructure and investment is necessary in order to improve quality of life for people across the continent and to...more

EPA Declines To Issue CERCLA Financial Responsibility Rules For Hardrock Mining Industry But Leaves Open What It Might Do For...

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly referred to as Superfund, was enacted in December 1980, and Section 108(b) provides that the Environmental Protection Agency (EPA) shall...more

Environmental Protection Agency Will Not Pursue Financial Assurance Rule for Hardrock Mining

by WilmerHale on

On December 1, the Environmental Protection Agency (EPA) announced that it will not promulgate a final rule requiring hardrock mining facilities (i.e., facilities for the extraction, beneficiation, and processing of metals...more

EPA Reverses Course; Declines to Impose CERCLA Financial Responsibility Rules on the Hardrock Mining Industry

by Snell & Wilmer on

In a stunning change of course, the United States Environmental Protection Agency announced on December 1, 2017, that it would not issue final regulations imposing financial responsibility requirements on hardrock mining...more

EPA Determines No Need For Additional Superfund Financial Responsibility Rules For Hardrock Mining Industry

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) announced that it will not issue a final rule for the Obama-era’s proposed regulations for financial responsibility requirements for certain hardrock mining...more

A Win For The Mining Industry: EPA Declines To Impose CERCLA 108(b) Financial Responsibility Requirements

by Dorsey & Whitney LLP on

On December 1, 2017, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a final rule determining that imposing CERCLA 108(b) financial responsibility requirements on the hardrock mining...more

Use Of Impact Inspections Decreases At Metal/Non-Metal Mines

by Jackson Lewis P.C. on

The results from the September, 2017, MSHA impact inspections indicate a significant shift in enforcement practices and resources. The data shows that not only has the use of impact inspections in general receded over the...more

[Webinar] Miners’ and Mine Managers’ Rights - December 14th, 1pm ET

by Conn Maciel Carey LLP on

MSHA publishes and distributes information each year on miners’ rights in the workplace. The rights widely broadcast by the agency include the right to report hazards in the workplace to MSHA, to not be discriminated against...more

House Finance Committee Approves Legislation to Repeal Dodd-Frank Act Mine Safety Disclosure Requirements

The House Financial Services Committee took a first step toward repeal of the mine safety disclosure requirements on November 15, 2017, with its approval of H.R. 4289. This bill proposes to eliminate the requirement...more

Senate Confirms Trump Selection For MSHA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: President Trump’s selection for Administrator at MSHA has been confirmed this week by the Senate. In a 52-46 vote, David G. Zatezalo, of West Virginia, was confirmed by the U.S. Senate this week, on...more

Zatezalo Confirmed As The Assistant Secretary Of Labor For The Mine Safety And Health Administration

by Jackson Lewis P.C. on

On November 15th, 2017, David Zatezalo was confirmed as the new Assistant Secretary of Labor for the Mine Safety and Health Administration. The Senate voted 52 for and 46 against to confirm Mr. Zatezalo, as the vote went...more

How viable is hybrid energy in remote mining locations?

by DLA Piper on

Providing remote mining locations with a reliable and cost-effective energy source is an ongoing challenge, but technology may be on hand to provide an alternative solution. ...more

Senate Confirms David Zatezalo to Head MSHA

By a vote of 52-46, on November 15, 2017, the United States Senate confirmed David G. Zatezalo to be the new Assistant Secretary for Mine Safety and Health. Zatezalo takes the position last held by Joseph A. Main, former...more

[Webinar] MSHA Recordkeeping Requirements and Document Production - November 29th, 1:00pm ET

by Conn Maciel Carey LLP on

Recordkeeping requirements such as workplace exams are well-known and often discussed with MSHA inspectors, however these are far from the only records that MSHA requires operators to maintain. On top of knowing which records...more

Mobile Equipment Accidents Contribute To Metal/Non-Metal Fatalities in 2017

by Jackson Lewis P.C. on

During 2017, there have been multiple metal/non-metal fatalities involving mobile equipment. The most recent fatalgram posted on the MSHA website described an October 17, 2017 fatality involving an operator that was ejected...more

Arkansas Department of Environmental Quality Office of Land Resources Update: Kevin White (Deputy Director) Arkansas Environmental...

Mr. Kevin White undertook a presentation at the Arkansas Environmental Federation Convention/Tradeshow titled: Arkansas Department of Environmental Quality of Land Resources Update (“Presentation”) ...more

Mine Safety Agency Proposes Further Changes To The Examinations Of Working Places In Metal And Nonmetal Mines Final Rule

by Jackson Lewis P.C. on

On September 12, 2017, the Mine Safety and Health Administration (MSHA) published two proposed rules seeking to further amend the Examinations of Working Places in Metal and Nonmetal Mines final rule which was published on...more

Court of Appeal confirms jurisdiction over Zambia environmental damage claims against UK-domiciled parent and local subsidiary

by Dentons on

The Court of Appeal last week upheld jurisdiction over claims by Zambian citizens arising from discharges from a copper mine. In Lungowe & Ors v. Vedanta Resources Plc & Anor [2017] EWCA Civ 1528, Jackson, Simon and Asplin...more

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

by Hogan Lovells on

The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment...more

David Zatezalo Testifies Before Senate HELP Committee

by Jackson Lewis P.C. on

The Senate Committee on Health, Education, Labor and Pensions (HELP) questioned Donald Trump’s nominee to be the new head of MSHA, David Zatezalo, about small mine compliance assistance and technological advances within the...more

CFIUS’s Report and the Year Ahead for Foreign Natural Resource Investment

by Snell & Wilmer on

On September 21, 2017, the Committee on Foreign Investment in the United States (“CFIUS”) issued a public version of its most recent classified annual report to Congress on covered transactions for CY 2015. CFIUS is the...more

Currents - Energy Industry Insights - October 2017 #2

EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more

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