Late last month the Seventh District Court of Appeals in Ohio upheld the appropriation of private land for a pipeline that will carry pure propane and pure butane, ruling that such fractionated natural gas liquids still constitute “petroleum” under Ohio’s eminent domain laws. The case is now on appeal to the Ohio Supreme Court, but … Continue Reading
According to data released on October 11, 2016 by the US Department of Labor’s Mine Safety and Health Administration (MSHA), the fiscal year of 2016 was the “safest year in mining history.” Assistant Secretary of Labor for Mine Safety and Health, Joseph A. Main, announced at the National Mine Health and Safety Academy in Beaver, West Virginia that between … Continue Reading
As the mining industry continues to feel the impacts of low commodity prices, bankruptcy and successorship issues have become increasingly relevant. Historically, bankruptcy has provided for the purchase of an insolvent entity’s assets without the third-party purchaser incurring the undue risks of taking on the debtor’s liabilities. Indeed, this very mechanism has allowed for new … Continue Reading
What was recently a hot topic within the regulatory community, conversations about Occupational Safety & Health Administration (OSHA) and Mine Safety & Health Administration (MSHA) whistleblower, retaliation, and discrimination claims have seemingly fallen by the wayside. But don’t be fooled. Two recent developments demonstrate that these US Department of Labor agencies continue to find novel … Continue Reading
On June 21, 2016, the US District Court for the District of Wyoming set aside the US Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal and Native American lands, finding that BLM lacked Congressional authority to promulgate the regulations. “Congress has not delegated to the Department of Interior the authority to regulate … Continue Reading
On June 8, 2016, the US Mine Safety and Health Administration (MSHA) published the following two documents in the Federal Register, seeking information and comments from industry stakeholders: (1) a proposed rule addressing “Examinations of Working Places in Metal and Nonmetal Mines (MNM)”; and (2) a Request for Information (RFI) on “Exposure of Underground Miners to Diesel Exhaust.” … Continue Reading
On May 12, 2016, the US Mine Safety and Health Administration (MSHA) held a stakeholders’ meeting entitled “Improving Compliance: Reemphasizing Rules to Live By and the Exam Rule.” The meeting discussed the current status of safety and compliance in the mining industry and future plans that MSHA has for outreach and enforcement of safety standards. Key points … Continue Reading
On 11 April 2016, the Environment Agency granted the necessary environmental permits to allow the UK-based company Third Energy UK Limited to carry out hydraulic fracturing, or “fracking” as it has become known, for shale gas at the so-called KM8 Well, an existing borehole in North Yorkshire. Despite opposition, the Environment Agency maintains that the … Continue Reading
On March 14, 2016, two new federal rules went into effect that could change the way in which the Endangered Species Act (ESA) is implemented throughout the United States. The U.S. Fish & Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) finalized these rules to update the regulatory provisions on which the agencies … Continue Reading
US EPA has agreed to promulgate financial assurance rules for hard rock mining companies by December 1, 2017. Specifically, the agencies requirements will apply to facilities which extract or process metals (e.g., copper, gold, iron, lead, magnesium, molybdenum, silver, uranium, and zinc). The financial assurance requirements will obligate companies performing environmental cleanup to provide a … Continue Reading
On December 17, 2015, the US Departments of Labor (“DOL”) and Justice (“DOJ”) signed a memorandum of understanding in an effort to more effectively prosecute workplace safety crimes under the Occupational Safety and Health Act (“OSH Act”), the Mine Safety and Health Act (“Mine Act”), and the Migrant and Seasonal Agricultural Worker Protection Act (“MSPA”). … Continue Reading
Taxpayers in Western Australia have been left to foot the bill after Jirsch Sutherland, liquidator for the Kimberley Diamond Company Pty Ltd (“KDC”), used a legal loophole to handball expensive mining leases back to the Department of Mines and Petroleum (“DMP”). Care and maintenance costs for KDC’s Ellendale diamond mine amount to $100,000 (AUD) a … Continue Reading
Congress is moving quickly on multiple fronts in response to the August 2015 spill at the abandoned Gold King Mine in Colorado. Republicans in the House held a hearing on a package of mining reform bills proposed by Rep. Lamborn (R-CO), Rep. Hice (R-GA), and Rep. Hardy (R-NV) that would, respectively, promote private sector remediation … Continue Reading
The Obama administration recently released a presidential memorandum (Memorandum)—a tool the executive branch uses to direct the actions of government officials and federal agencies—designed to encourage private and non-profit sector investment in natural resources restoration and public-private partnerships. The Memorandum aims to instill a policy of first avoiding and then minimizing adverse effects to natural resources. … Continue Reading
This month, in Perez v. Mortgage Bankers Association, the US Supreme Court overturned the D.C. Circuit’s Paralyzed Veteran doctrine, rejecting nearly 20 years of precedent requiring federal agencies to abide by notice-and-comment rulemaking procedures when they substantially alter an “interpretive” rule. However, the decision also hints that even broader changes may be afoot. Writing in … Continue Reading
The Mine Safety and Health Administration (MSHA) is rolling out an aggressive fatality prevention initiative in response to a spike in fatalities at metal and non-metal (MNM) mines over the last sixteen months. Since October 2013, 37 MNM miners have lost their lives, more than double the number of MNM fatalities in the previous three … Continue Reading
When asked for comment on the recent opinion by the U.S. Court of Appeals for the Third Circuit in Shamokin Filler Co. v. Fed. Mine Safety and Health Review Comm’n, which held that a coal processor was subject to the jurisdiction of the Mine Safety and Health Administration (MSHA) instead of the Occupational Safety and Health Administration (OSHA), Squire Patton … Continue Reading
