The Mine Safety & Health Administration (“MSHA”) has finally published its final rule on Safety Programs for Surface Mobile Equipment. This final rule has been a long time coming. MSHA originally published a Request...more
In the aftermath of a 2018 U.S. Supreme Court ruling that repealed the federal ban on state-sponsored sports wagering, the sports wagering market has proliferated across the United States at an expedited pace. Since the...more
Last year the Upper Tribunal held that holders of concurrent leases that are subject to pre-existing Telecoms Code agreements cannot be treated as a ‘party to the agreement’, effectively sterilising their ability to terminate...more
Maritime operators should diligently enact and follow policies and procedures on personal leave and drinking ashore. In a recent decision from the U.S. District Court for the Middle District of Louisiana, the court refused to...more
The Massachusetts legislature has approved a bill that will create a framework for legalized sports betting. Betting will be conducted through a combination of existing brick-and-mortar casinos, slots parlors, and racing...more
Buying, maintaining and using a recreational boat is always a pricey diversion. As inflation rises and costs mount for boat operation, owners will look for ways to reduce the overall expenses associated with this activity....more
The standard of care is an important provision in any operating, management or services agreement because it sets forth the expectations of the parties as to how the contract should be carried out. It also functions as the...more
Summary of government’s response to the January 2021 consultation “Access to Land: changes to the Electronic Communications Code”, published on 24 November 2021 The UK government has announced plans to fine-tune the 2017...more
The 93rd Arkansas General Assembly convened for regular session on January 11th. The pre-filing of bills and resolutions began on November 16th. Senate Bill 262 proposes to amend Subchapter 9 of Chapter 6 of Title 8...more
Over the last few years, the convergence of life sciences companies and traditional real property developers has led to the emergence of an alternative real estate asset class known increasingly as “propsci.” While this is...more
As U.S. state governments reopen their communities for business, increased energy consumption and waste generation resulting from practices to prevent the spread of COVID-19 seem inevitable. As office employees reenter the...more
Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more
The Upper Tribunal has, reluctantly it is fair to say, found that telecoms operators in situ under agreements granted under the old Code but which expired before the new Code came into force have no Code protection and are...more
Effective June 20, 2020, the Federal Reserve updated its Term Sheet and Frequently Asked Questions (the “Updated FAQs”) describing the Main Street Lending Program (the “Program”) to expand the number of businesses that may be...more
Rick Wynne: The JOAs are very common; they allow co-owners of undivided fractional interests to use a single operator, but they also are particularly vulnerable in a bankruptcy because they’re normally executory contracts...more
California environmental agencies recently issued a draft vapor intrusion guidance document that will significantly impact the investigation and remediation of environmentally impacted properties by owners, operators and...more
In response to public feedback to the initial terms of the Main Street Lending Program (the “Program”), the Federal Reserve Board announced on April 30, 2020, an expansion of the loan options available to businesses and an...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) has issued a new edition (January 2020) of its quarterly newsletter. DEQ describes the newsletter as providing...more
In late 2017, midstream services providers (each, a “Midstream Provider”) began in earnest to offer forms of additional upside compensation to oil and gas lessees/operators (each, an “Upstream Shipper”) in exchange for...more
The Upper Tribunal has considered for the first time the relationship between the new Electronic Communications Code and the Landlord and Tenant Act 1954, ruling that an operator in occupation under a lease protected by the...more
On May 29, 2019, Nevada’s governor approved a new privacy law, Senate Bill 220 (“SB 220”). SB 220 amends existing state law that requires operators of websites and online services (“Operators”) to post privacy notices on...more
On June 11, 2019, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating the Mine Safety and Health Administration’s (“MSHA”) 2018 rule (“2018 Amendment”) entitled,...more
On May 29, 2019, Nevada Governor Steve Sisolak signed into law SB 220, which amends Nevada’s security and privacy law to require an operator of a website or online service for commercial purposes to permit consumers to...more
The United States Environmental Protection Agency (“EPA”) added a December 17, 2018, letter to its Resource Conservation and Recovery Act (“RCRA”) Compendium (“Compendium”) addressing the terms “owner” or “operator.” The...more