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UPDATE 3/23/2020 - Governor Newsom’s Statewide COVID-19 Shelter-in-Place Order – Impact on Construction Materials Operations

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… Read More
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Recent Successes: MSHA 105(c) Discrimination Actions

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… Read More
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Ninth Circuit Holds That Environmental Restrictions Which Ban Specific Mining Methods are not Preempted by Federal Law

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. Read More
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U.S. Fish & Wildlife Service and National Marine Fisheries Service Propose Revisions to Endangered Species Act Regulations

July 2018 The U.S. Fish and Wildlife Service (“Service”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (together “Agencies”) have jointly proposed revisions to regulations that implement por… Read More
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SMARA Legislation: SB 854

Public Resources Code §§ 2774, 2774.2.5 June 2018 On June 27, 2018, Governor Brown approved changes to the Surface Mining and Reclamation Act (Pub. Resources Code § 2710, et seq [“SMARA”]) relating to how certain mine-related information is su… Read More
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ARB Holding Workshops on AB 617 Stationary Source Emissions Reporting Regulations

May 2018 California Assembly Bill 617, adopted by the state Legislature in 2017, requires stationary air sources to track and report emissions of criteria and toxic pollutants on an annual basis. The California Air Resources Board is beginning the ru… Read More
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Mine Safety and Health Administration Publishes Final Rule on Workplace Examinations

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… Read More
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Court Holds That Stipulated Compliance Orders Do Not Require CEQA Review

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… Read More
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Please Note Our New Address

Harrison, Temblador, Hungerford & Johnson 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@hthjlaw.com with any questions. Read More
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Sixth Circuit Draws Tighter Boundary Around MSHA Jurisdiction

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… Read More
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