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Donna Pryor has written an article outlining President Biden’s new OSHA executive order that was published on Safety Law Matters, directing OSHA to issue revised guidance to employers on workplace safety during the COVID-19 pandemic.

The Assistant Secretary of Labor for MSHA was also directed to consider whether any emergency temporary standards on COVID-19

Partner Megan Caldwell recently published “Trump Makes Last Minute Push to Boost Coal, But Biden Presidency’s Vow to Decarbonize Power Generation Causes Concern” in Coal Age, discussing recent and anticipated changes impacting the coal industry as the Trump administration ends and Biden kickstarts his ambitious clean energy agenda.

Read the article here.

Shelter-in-place strategies to prevent the spread of the coronavirus (COVID-19) has disrupted the U.S. workplace. However, unlike a typical office environment, mines cannot operate without employees on property. In order to prepare for the outbreak, every employer should spend some time assessing the risk to their workforce and confirming whether or not they have reason

After Congress passed the Safe Explosives Act to address explosives safety and security following 9/11, the law and the regulations promulgated in its wake applied broadly to everyone who acquires or uses explosives. Since ATF’s regulations weren’t specifically written for mining and ATF personnel are not usually drawn from the mining industry, there easily could

D.C. Circuit Upholds USEPA Decision to Not Require Financial Assurance Under CERCLA for Hardrock Mining

We have previously blogged (in June 2019 and 2017) on a proposed rule released during the final days of the Obama Administration which required hardrock mines to provide financial assurance demonstrating they are able to fund the costs associated with the future cleanup of the mines under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the federal statute designed to address releases of hazardous substances and the cleanup of hazardous waste sites nationwide. In December 2017, the USEPA stated its intention not to issue the final rule, finding that there was no need for any CERCLA financial assurance mechanism for operating hardrock mines based on existing federal and state programs as well as modern mining practices. Several environmental organizations filed suit in the U.S. Court of Appeals for the D.C. Circuit, challenging the USEPA’s decision not to issue the rule.
Continue Reading Updates on CERCLA Financial Assurance Requirements for Industry Sectors

Mark Savit recently published an article in Coal Age about the effect of MSHA regulations on the ability of the mining industry to take advantage of improving technology in the safety arena. Read it here.