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Understanding Cal/OSHA Mining and Tunneling Citation Penalties

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… Read More
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Mine Safety and Health Administration: Annual Increase to Civil Penalties

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… Read More
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Categories: Articles, Mining

COVID-19 Changes To Mine Safety and Health Administration Regular Operations

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… Read More
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Categories: Articles, COVID-19, Mining, MSHA

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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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 LEXIS 6988 In an unpublished decision of interest to quarry operators, California’s Fourth Appellate District held that San Diego County did not need to perform… Read More
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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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