July 10, 2024
On June 28, 2024, the Supreme Court of the United States overruled Chevron v. Natural Resources Defense Council and with it the so-called “Chevron deference.” We detailed the holding of Loper Bright Enterprises v. Raimondo in an article here. Today, we are going to discuss what the Loper decision means for operators moving forward.
Briefly, Chevron deference required courts to defer to an…
June 28, 2024
On June 28, 2024, the Supreme Court issued a highly-anticipated decision in the twin cases of Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce, which will now make it more difficult for federal agencies to issue rules and regulations that aim to carry out statutory mandates of Congress. The 6-3 decision overrules the 1984 decision Chevron v. Natural Resources Defense…
April 16, 2024
On Tuesday, April 16, 2024, the Mine Safety and Health Administration (“MSHA”) released its final rule aimed at reducing miners’ exposure to respirable crystalline silica, otherwise known as silica dust or quartz dust. The final rule largely adopts the version MSHA proposed last year that modifies the limits of exposure to crystalline silica and increases existing protections against other…
July 5, 2023
On June 30, 2023, the Mine Safety and Health Administration (“MSHA”) made publicly available a proposed rule that would amend existing federal standards with respect to occupational exposure to respirable crystalline silica, or silica dust. The stated purpose of the proposed rule is to better protect miners against occupational exposure to silica dust and improve respiratory protection for all…
August 11, 2022
In an effort to reduce accidents and fatalities within the mining industry, the Mine Safety and Health Administration (MSHA) recently implemented an “Enhanced Enforcement Program” aimed at truck drivers and supervisors.[1] The program will be part of regular surface and underground mine inspections, with the added potential for special assessments for cited violations listed within the program.…
August 10, 2022
On June 8, 2022, the Mine Safety and Health Administration (MSHA) launched the “Silica Enforcement Initiative” to better protect miners from health hazards related to repeated over-exposure to respirable crystalline silica (silica dust).[1] The new program focuses on four areas for improvement: mine inspections, silica sampling, compliance assistance for mines, and the reinforcement of on-site…
May 17, 2022
On May 11, 2022, the Sixth Circuit Court of Appeals affirmed a decision by the Federal Mine Safety Health & Review Commission (“Commission”) that a mine operator provided advanced notice of an MSHA inspection during events that occurred in April 2012. KenAmerica Resources, Inc. v. Sec’y of Labor, 2022 WL 1483988 (May 11, 2022).
Factually, the case involved a situation where MSHA received an…
September 10, 2021
On September 9, 2021, the Federal Mine Safety and Health Administration (“MSHA”) published a new proposed rule requiring mine operators to develop and implement written safety programs for their powered haulage equipment used at surface mines and surface areas of underground mines (“surface mobile equipment”).
Who is impacted by the proposed rule?
The newly proposed rule applies to both operators…
July 23, 2020
In June, the United Mine Workers of America, International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC filed a petition for a writ of mandamus on June 15, 2020, to require the Mine Safety and Health Administration (“MSHA”) to act in response to COVID-19. The petition invoked the extraordinary…
June 25, 2020
The United Mine Workers of America, International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC filed a petition for a writ of mandamus on June 15, 2020, to require the Mine Safety and Health Administration (“MSHA”) to take action in response to COVID-19. Attachment 1 The petition invokes the…
April 17, 2020
On April 16, 2020, MSHA held its (rescheduled) quarterly stakeholder call to address regulatory and enforcement updates across the industry. As with most other recent updates from government agencies, the MSHA call was dominated by conversations surrounding the agency’s response to and regulatory actions regarding the novel coronavirus or COVID-19. However, there were substantive updates on…
March 20, 2020
For clients and friends of Jackson Kelly PLLC
Volume 16, Number 4
©2019 Jackson Kelly PLLC
The Mine Safety and Health Administration (“MSHA”) is expected to issue extensions to complete annual refresher training. While we await formal guidance, it is expected that 30-day extensions will be granted for mine operators to meet the annual refresher training expiration dates.…
July 10, 2024
On June 28, 2024, the Supreme Court of the United States overruled Chevron v. Natural Resources Defense Council and with it the so-called “Chevron deference.” We detailed the holding of Loper Bright Enterprises v. Raimondo in an article here. Today, we are going to discuss what the Loper decision means for operators moving forward.
Briefly, Chevron deference required courts to defer to an…
June 28, 2024
On June 28, 2024, the Supreme Court issued a highly-anticipated decision in the twin cases of Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce, which will now make it more difficult for federal agencies to issue rules and regulations that aim to carry out statutory mandates of Congress. The 6-3 decision overrules the 1984 decision Chevron v. Natural Resources Defense…
April 16, 2024
On Tuesday, April 16, 2024, the Mine Safety and Health Administration (“MSHA”) released its final rule aimed at reducing miners’ exposure to respirable crystalline silica, otherwise known as silica dust or quartz dust. The final rule largely adopts the version MSHA proposed last year that modifies the limits of exposure to crystalline silica and increases existing protections against other…
July 5, 2023
On June 30, 2023, the Mine Safety and Health Administration (“MSHA”) made publicly available a proposed rule that would amend existing federal standards with respect to occupational exposure to respirable crystalline silica, or silica dust. The stated purpose of the proposed rule is to better protect miners against occupational exposure to silica dust and improve respiratory protection for all…
August 11, 2022
In an effort to reduce accidents and fatalities within the mining industry, the Mine Safety and Health Administration (MSHA) recently implemented an “Enhanced Enforcement Program” aimed at truck drivers and supervisors.[1] The program will be part of regular surface and underground mine inspections, with the added potential for special assessments for cited violations listed within the program.…
August 10, 2022
On June 8, 2022, the Mine Safety and Health Administration (MSHA) launched the “Silica Enforcement Initiative” to better protect miners from health hazards related to repeated over-exposure to respirable crystalline silica (silica dust).[1] The new program focuses on four areas for improvement: mine inspections, silica sampling, compliance assistance for mines, and the reinforcement of on-site…
May 17, 2022
On May 11, 2022, the Sixth Circuit Court of Appeals affirmed a decision by the Federal Mine Safety Health & Review Commission (“Commission”) that a mine operator provided advanced notice of an MSHA inspection during events that occurred in April 2012. KenAmerica Resources, Inc. v. Sec’y of Labor, 2022 WL 1483988 (May 11, 2022).
Factually, the case involved a situation where MSHA received an…
September 10, 2021
On September 9, 2021, the Federal Mine Safety and Health Administration (“MSHA”) published a new proposed rule requiring mine operators to develop and implement written safety programs for their powered haulage equipment used at surface mines and surface areas of underground mines (“surface mobile equipment”).
Who is impacted by the proposed rule?
The newly proposed rule applies to both operators…
July 23, 2020
In June, the United Mine Workers of America, International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC filed a petition for a writ of mandamus on June 15, 2020, to require the Mine Safety and Health Administration (“MSHA”) to act in response to COVID-19. The petition invoked the extraordinary…
June 25, 2020
The United Mine Workers of America, International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC filed a petition for a writ of mandamus on June 15, 2020, to require the Mine Safety and Health Administration (“MSHA”) to take action in response to COVID-19. Attachment 1 The petition invokes the…
April 17, 2020
On April 16, 2020, MSHA held its (rescheduled) quarterly stakeholder call to address regulatory and enforcement updates across the industry. As with most other recent updates from government agencies, the MSHA call was dominated by conversations surrounding the agency’s response to and regulatory actions regarding the novel coronavirus or COVID-19. However, there were substantive updates on…
March 20, 2020
For clients and friends of Jackson Kelly PLLC
Volume 16, Number 4
©2019 Jackson Kelly PLLC
The Mine Safety and Health Administration (“MSHA”) is expected to issue extensions to complete annual refresher training. While we await formal guidance, it is expected that 30-day extensions will be granted for mine operators to meet the annual refresher training expiration dates.…
