Obama Nominates MSHA and OSM Heads

On July 6, 2009, President Obama nominated officials to lead the United States Mine Safety and Health Administration (“MSHA”) and the Office of Surface Mine Reclamation and Enforcement (“OSM”).

While differing views have been expressed about both candidates, there appears to be little doubt that the new administration will be increasing the scrutiny of and pressure upon the industry to improve safety performance at all mines and environmental performance at coal operations.

The President selected former United Mine Workers of America official Joe Main to head MSHA. Mr. Main began working in the coal mining industry in 1967 and has dedicated his career to improving mine safety, including serving 22 years as the United Mine Workers’ Administrator of Occupational Safety. As the union’s Administrator of Occupational Safety, Mr. Main lobbied Congress for increased mine inspections and enforcement, and for the promulgation of new safety rules. The United Mine Workers and other mine safety advocates praised Mr. Main’s nomination and are optimistic that Mr. Main will increase enforcement of MSHA rules significantly beyond the level of the previous administration. Industry leaders suspect that Mr. Main’s nomination, in addition to MSHA’s increased budget (up 4.6% to $347 million), will lead to an increased MSHA presence over the next four years, and there is speculation that non-union operators could face even greater scrutiny.

Joseph Pizarchik, Director of the Bureau of Mining and Reclamation for Pennsylvania’s Department of Environmental Protection, has been nominated to head the OSM. Mr. Pizarchik has been with the Department since 1991 and has served as Director of the Bureau of Mining and Reclamation since 2002. Mr. Pizarchik holds a law degree and previously served as a lawyer for the Department. He has authored various statutes and rules, including Pennsylvania’s Environmental Good Samaritan Act. Interior Secretary and former Colorado Senator Ken Salazar has endorsed Mr. Pizarchik, praising his expertise and record of innovation. However, the Mountain Watershed Association, a Pennsylvania citizens’ group, opposes Mr. Pizarchik’s nomination, criticizing various decisions made during his tenor with the state agency. Other groups that oppose mountaintop removal are concerned that Mr. Pizarchik, as a career bureaucrat, will not work to ban the practice. Rocky Mountain and western groups, both environmental and industry, have yet to weigh in on Mr. Pizarchik’s nomination. He does not appear to have experience in the West, thus offering an opportunity for western operators to help him develop an understanding of our issues, perspectives, and practices.