April 2020 This article summarizes operational changes the Mine Safety and Health Administration (“MSHA”) will make in response to the COVID-19 pandemic. These changes were discussed in MSHA’s April 16, 2020 Quarterly Stakeholder Call. To begin…
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March 23, 2020 This is an update to our March 20 article. Governor Newsom’s Executive Order N-33-20 requires “all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of…
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February 2020 In just the last year this firm litigated and successfully defended two Section 105(c) complaints filed under the federal Mine Safety and Health Act (the “Mine Act”). (30 USC § 801, et seq.) This section prohibits mine operators fr…
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30 CFR § 56/57.18002 April 2018 On April 9, 2018, the Mine Safety and Health Administration (MSHA) published its final Workplace Examination rule (the “Final Rule”). The Final Rule is the culmination of MSHA’s nearly two-year effort to revise…
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Harrison, Temblador, Hungerford & Guernsey LLP has a new address: 2801 T Street Sacramento, CA 95816 All firm phone numbers and email addresses remain the same. Please call (916) 382-4377 or email info@hthglaw.com with any questions.
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Categories: Articles, CEQA, Climate, Environmental, Land Use, Marijuana, Mining, Mitigation, MSHA, NEPA, SMARA, Solar, Transportation, Vested Rights, Water
The federal courts rarely full stop the Mine Safety and Health Administration’s pursuit of jurisdictional manifest destiny, but the Sixth Circuit Court of Appeals had no qualms about doing so recently in Maxxim Rebuild Co., LLC v. Fed. Mine Safety…
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Mine operators can be cited by the federal Mine Safety and Health Administration (MSHA) for independent contractors’ violations of the Mine Act and MSHA regulations. Independent contractors perform a multitude of key mine activities like drilling,…
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An “S&S” denotation can turn a minor MSHA citation into a major problem. A recent Federal Mine Safety and Health Review Commission (“Commission”) case underscores the subjectivity, and persistence, of the S&S elevation, and provides n…
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MSHA continues to aggressively seek temporary reinstatement of miners asserting discrimination following a safety complaint. Under section 105(c) of the Mine Act, a miner cannot be discharged, discriminated against or interfered with in the exercise…
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Big Ridge, Inc. v. Federal Mine Safety and Health Review Commission (April 26, 2013) ___ F.3d ___ (2013 WL 1776633) In Big Ridge, Inc. v. Federal Mine Safety and Health Review Commission (April 26, 2013) ___ F.3d ___ (2013 WL 1776633), the United Sta…
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