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In this webinar, we will examine MSHA's priorities, rulemaking, enforcement tactics, and emphasis programs from 2024. We'll review the interactions between the agency and operators during the final year of the Biden...more
The Mine Safety and Health Administration (“MSHA”) released its long-anticipated silica rule on Tuesday, April 16, 2024. (See the rule here) The rule is aimed at reducing miners’ exposure to respirable crystalline silica,...more
We have an important update to share about the status of MSHA’s Respirable Crystalline Silica rulemaking, officially proposed as Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection....more
The United States Court of Appeals for the District of Columbia (“Court”) issued a July 19th decision addressing the United States Environmental Protection Agency’s (“EPA”) decision to not develop financial responsibility...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 October 31, 2018, the Securities and Exchange Commission (the “SEC”) adopted new property disclosure requirements for mining company registrants. The new rules, codified in Subpart 1300 of Regulation S-K, aim to replace...more
In a little-noticed “information collection” notice, MSHA asked for public comment about whether its petition for modification process is necessary, practical, or burdensome. Last week, Husch Blackwell’s Mining Coalition...more
On April 9, 2018, the Mine Safety and Health Administration (MSHA) will publish its final rule on “Examinations of Working Places in Metal and Nonmetal Mines” in the Federal Register. The rule will go into effect on June 2,...more
California’s State Mining and Geology Board had a busy 2017 with ongoing rulemakings to implement SMARA reform enacted in 2016. The Board’s 2018 will be busy and one to closely watch too, in particular, because the Board...more
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
One of the most difficult and costly aspects of developing mining projects in the United States is the permitting requirements under the Clean Water Act (CWA). The Trump administration is currently undertaking a rulemaking...more
On September 12, the Mine Safety and Health Administration (MSHA) published in the Federal Register two proposed rules on Examinations of Working Places in Metal and Nonmetal Mines, reopening the rulemaking to consider two...more
As we begin a new calendar year and look ahead to a new administration, industry should continue to stay informed as to MSHA’s regulatory agenda and enforcement initiatives. While MSHA will soon have new decision makers in...more
The U.S. Environmental Protection Agency (“EPA”) has recently announced that it would take steps to finalize rules establishing financial responsibility requirements for hard rock mines under section 108(b) of the...more
A U.S. District Court has handed a victory to Oxfam America in its efforts to compel the SEC to complete rulemaking on the Dodd-Frank mandate regarding resource extraction disclosures (Section 1504). ...more
In This Issue: - Fifth Circuit Reins In Trend of Expanding ESA Liability for Remote Harm - Japan's Pivotal Role in the Global LNG Industry's 50-Year History - Government of Greece to Launch New Licensing...more