Center for Biological Diversity v. U.S. Fish & Wildlife Service 33 F.4th 1202 (9th Cir. 2022) A recent Ninth Circuit ruling highlights the Mining Law of 1872’s shortcomings to accommodate the extraordinarily large-scale operations that often ch…
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As most California mine operators are aware, Cal/OSHA maintains a “Mining and Tunneling Division” that duplicates the federal Mine Safety and Health Administration’s safety oversight over mining operations. And, just like MSHA, Cal/OSHA Mining…
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On January 14, 2021, the United States Department of Labor published a final rule in the Federal Register that increases the Mine Safety and Health Administration’s (“MSHA”) civil monetary penalties. As is required every year, the civil penalti…
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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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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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The Ninth Circuit Court of Appeals recently held that an Oregon state law which prohibited certain in-stream mining methods was a reasonable environmental regulation and thus was not preempted by federal law.
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Coastal Environmental Rights Foundation v. County of San Diego (2017) Cal. App. Unpub. LEXIS 6988 In an unpublished decision of interest to quarry operators, California’s Fourth Appellate District held that San Diego County did not need to perform…
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Joe and Yvette Hardesty and the Jay Schneider family were awarded more than $100 million in damages against Sacramento County in federal court on Tuesday, March 21. The litigation was one in a long line of lawsuits and administrative actions concerni…
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