By Joe C. Matteo and Willa B. Perlmutter Have you ever wondered if polluted water that leaks from a settling pond into groundwater and eventually reaches a river is a “discrete” source of pollution? Or why it matters? You can likely envision a scenario where a mining operation has settling ponds that leak into groundwater before eventually entering a waterway.…
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When life hands you an imminent danger order, pay attention
By Willa B. Perlmutter One of my very favorite clients recently sustained a self-inflicted and completely avoidable (and expensive) wound. Since I can’t go back and prevent it from happening, I hope that maybe I can keep the rest of you from falling into the same trap. Let’s talk about what happened. One morning, I received an email from my…
Read MoreThe legal right to mine
By Ramona Monroe and Wade Foster At its most basic level, to explore for minerals and develop a mine, a mining company must have three fundamental legal rights: (i) access to minerals (and secure mineral tenure), (ii) access to capital and (iii) governmental and social licenses. A well-trained mineral lawyer or landman who understands the industry is critical at each…
Read MoreEnd of summer to-do list: Pay mining claim maintenance fees
By Eric L. Martin For many Americans, the last half of August brings into intense focus all that the end of summer entails: back to school, Labor Day barbeques, etc. However, to those in the western U.S. mining industry, the last half of August also implicates the critical task of ensuring that unpatented federal mining claims do not become automatically…
Read MoreIt’s here! It’s finally here! MSHA’s proposed rule on silica exposure
By Willa B. Perlmutter Here’s a fun fact. Going back as early as 1998, the federal Mine Safety and Health Administration (MSHA) has promised the mining industry it would issue a rule that addresses workplace exposures to respirable crystalline silica at mine sites around the country. (By “rule,” I really mean “regulation.” In other words, a binding requirement issued under…
Read MoreWait…What? A Potentially Dangerous Development in § 105(c) Retaliation Cases
By Willa B. Perlmutter In my last column, I talked about a coming shift in the analysis the Federal Mine Safety and Health Review Commission will use when it considers retaliation cases brought by the Secretary of Labor or by miners under § 105(c) of the Mine Act. For those of you that missed that column, here’s the deal: until…
Read MoreThe more things change, the more they remain the same…maybe
By Willa B. Perlmutter A couple of weeks ago, I attended a conference on occupational safety and health law sponsored by the American Bar Association for lawyers from the government, labor and private employers. (Admit it. The idea of hanging out with a bunch of lawyers for five days in a hotel ballroom thrills you, doesn’t it?) The first day…
Read MoreWe have to know what we’re doing, because they don’t always get it
By Willa B. Perlmutter Let me tell you about an experience I had with a Labor Department lawyer earlier this month. It was one of those experiences that made me realize how important it is for those of us in the mining industry to have a good working knowledge of the Mine Act and how enforcement is supposed to work.…
Read MoreFive mine safety predictions for 2023
By Arthur Wolfson and Christopher Peterson As the calendar turns to a new year, the Mine Safety and Health Administration (MSHA) appears to have found its footing – and that means mine operators need to be on their toes in 2023. After a presidential administration change, retirements throughout the inspector ranks, and an anemic regulatory agenda, MSHA now appears to…
Read MoreLessons learned after a mine accident
A few weeks back, one of my clients had an accident at its crusher. From a legal perspective, the details aren’t terribly important. Two guys were hurt, one very seriously. He spent a week in the hospital and faces a long road of rehab ahead. The site supervisor sustained less serious injuries, but he too spent a couple of nights…
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