Renewable Energy Update

Safety and Health

THE MSHA WISH LIST FOR THE NEW SECRETARY OF LABOR

January 10, 2017

Happy New Year! The Federal Mine Safety and Health Administration (“MSHA”) has been busy clearing out any lingering rulemaking or policy decisions before the end of the current Administration.

For the new MSHA Administration, here is our wish list of priorities:

Fill the vacancy on the Commission with a view towards establishing a check on the power and authority of MSHA.
Stop regulating through…

RELEASE OF THE FALL 2015 MSHA REGULATORY AGENDA

December 1, 2015

The Office of Information and Regulatory Affairs in the Executive Office of the President released the 2015 Fall Unified Regulatory Agenda (“Agenda”) for the Department of Labor (“DOL”). The Agenda announced the DOL’s proposed rulemaking activity for the 2016. The Agenda references rulemaking for many agency subparts, including the Mine Safety and Health Administration (“MSHA”). MSHA has several…

WHERE THERE’S SMOKE THERE’S FIRE? THE D.C. CIRCUIT CONFIRMS THE COMMISSION’S ADOPTION OF THE SECRETARY’S INTERPRETATION OF “MINE FIRE”

August 10, 2015

On July 31, 2015, the D.C. Circuit Court of Appeals (the “Court”) evaluated and denied the petition for review of The American Coal Co., (Docket No. LAKE 2010-408-R), upholding the Commission’s finding that the existence of a mine “fire” does not require the presence of flame. In bringing…