Rulemaking news

As the mining industry continues to wait for any new direction at MSHA to reveal itself, last week, MSHA published a request for information (RFI) in the Federal Register that could be the beginning of a new rulemaking on powered haulage equipment. The RFI covers aspects of both surface and underground mines, as well as both coal and metal/non-metal.

15 months after it first published a rule dramatically changing how workplace examinations will be done on every shift at every metal/non-metal mine, MSHA today published a final amended version of that rule. Despite a litigation challenge and widespread concerns raised by stakeholders, the final rule maintains many of the same provisions as originally introduced. The new rule takes effect June 2, 2018.

A client alert issued today by Husch Blackwell’s environmental practice group details a major reversal of Obama-era policy by the Trump Administration.  The EPA announced it will not issue final regulations under CERCLA Section 108(b) imposing financial responsibility requirements on the hardrock mining industry. Abandoning a December 1, 2016 proposed rule, the EPA emphasized that after