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 MoreBy 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 MoreBy 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 MoreBy 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 MoreBy 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 MoreBy 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 MoreBy 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…
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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…
Read MoreThere is a push right now to address U.S. mining laws and as you might imagine, there are two sides to the story. Tribal, conservation and community groups representing millions of people filed formal comments with federal agencies calling for more protective hardrock mining rules and legislation, including requiring mineral recycling to protect people and the environment. The comments are…
Read MoreBy 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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