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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 LEXIS 6988 In an unpublished decision of interest to quarry operators, California’s Fourth Appellate District held that San Diego County did not need to perform… Read More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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Jury Awards $100M Damages to Vested Mine Operators

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… Read More
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California Supreme Court Upholds Moratorium on Suction Dredging

In People v. Rinehart, the California Supreme Court recently upheld a moratorium on the use of suction dredge methods to extract gold from federal mining claims. Since 1961, the California Department of Fish and Wildlife has issued permits for suctio… Read More
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Categories: Articles, Mining

SMARA Reforms Signed into Law

SMARA REFORMS SIGNED INTO LAW Governor Brown just signed into law the most significant reforms to SMARA in more than 20 years. Join mining attorney Brad Johnson and lead agencies, consultants, and mine operators for a half-day seminar on the New SMAR… Read More
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Categories: Mining, SMARA

Mining Law Reform Legislation Moves Closer to the Governor's Desk

Two companion bills that together would enact the most significant reforms in more than twenty years to California’s mining law, the Surface Mining and Reclamation Act (“SMARA”), are headed to the Senate and Assembly floors for a final vote. As… Read More
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Categories: Articles, Mining, SMARA

Federal Government Studies Permitting Times for Hardrock Mining Operations

In January 2016, the United States General Accountability Office released the results of a study which analyzed how much time it takes federal agencies to approve hardrock mining operations on public land. Between 2010 and 2014, the GAO studied how m… Read More
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Categories: Land Use, Mining