The Sixth Circuit and Advance Notice – The Cavalry Never Showed Up After All

By Willa B. Perlmutter In my very first column for this publication, I wrote about the KenAmerican Resources case that was then pending in the U.S. Court of Appeals for the Sixth Circuit, based in Cincinnati. At the time, I wrote that I hoped the Sixth Circuit would take the opportunity to provide much-needed guidance on what exactly “advance notice”…

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A Sword and a Shield: Workplace Examinations Under the New § 56/57.18002

By Willa B. Perlmutter In my last column, I talked about MSHA’s plan to issue a new rule requiring surface mine operators to develop and implement written programs that would improve mobile equipment safety. The comment period closed in February and, at this writing, about a month later, MSHA hasn’t yet tipped its hand as to what, if anything, it…

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MSHA’s Proposed Mobile Haulage Rule – Let’s Look Under This Baby’s Hood

By Willa B. Perlmutter The latest big development in the MSHA regulatory space is a proposed rule that would require mine operators to develop and implement written programs that focus on improving the safety of surface mobile equipment. Back in 2018, because of the disproportionately high contribution of mobile equipment to mine fatalities, MSHA asked for input so it could…

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IIJA: What’s In It For Mining?

The Infrastructure Investment and Jobs Act (IIJA), passed Nov. 5, is the most important piece of transportation legislation since the Federal Aid Highway Act of 1956. At the core of the legislation is a five-year, $304 billion reauthorization of surface transportation programs. The bill also includes an additional $550 billion in new funding that is disbursed for building hard infrastructure.…

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Mandatory Vaccination Policies for Employees: What Can (and Should) We Do?

By Caroline J. Sundbaum and Willa B. Perlmutter, Stoel Rives LLP Just a few short months ago, we would have thought that COVID-19 was almost behind us and that it was only a matter of time before mine operators would no longer have to worry about the spread of the disease at their worksites. It looked like face masks and…

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Majority of Voters Want Government to Support Domestic Mining

The National Mining Association (NMA) released new polling showing that the vast majority of voters – including a majority of Democrats, Republicans and Independents – want to see the Biden administration and Congress support domestic mining projects to create jobs, secure our supply chains and reduce reliance on foreign countries for minerals we could be mining here at home.

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In the Wake of the Texas Power Crisis, Voters Want the U.S. to Maintain Fuel Diversity

The National Mining Association (NMA) issued the following statement on the bipartisan passage of Rep. John Curtis’s (R-Utah) amendment to the Protecting America’s Wilderness and Public Lands Act. The amendment passage ensures that a review must be done of the valuable mineral resources contained in and impacted by proposed land withdrawals.

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