The 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…

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Federal Agencies Urged to Address Mining Rules: Two Opinions 

There 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…

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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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