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|Mine Operators Face Conundrum over MSHA’s RFI on Diesel Exhaust|
Tressi L. Cordaro; Jackson Lewis P.C.;
July 22, 2016, previously published on July 5, 2016The mining industry faces a conundrum over the Mine Safety and Health Administration’s Request for Information (RFI) for industry data and experiences accumulated by underground mine operators over the past 15 years. MSHA’s diesel particulate matter (DPM) rules require operators to...
|Mine Agency Focuses Attention on Workplace Exams, Diesel Exhaust Exposure|
Jackson Lewis P.C.;
July 4, 2016, previously published on June 20, 2016The Mine Safety and Health Administration has rolled out two initiatives: a proposed rule increasing requirements for workplace examinations that, MSHA says, is aimed at curbing injuries, illnesses, and fatalities among Metal/Non-Metal (M/NM) miners, and a Request For Information (RFI) on...
|Mine Safety Agency Rolls Out New Fatality Prevention Initiative|
Donna Vetrano Pryor; Jackson Lewis P.C.;
June 14, 2016, previously published on June 1, 2016Noting that 2015 was the safest year ever in the U.S. mining industry, the Mine Safety and Health Administration nonetheless has rolled out a new safety initiative, Rules to Live By (RTLB) IV.
|Mine Accident Investigation Facts Not Subject to Attorney Privileges, ALJ Rules|
Avidan Meyerstein; Jackson Lewis P.C.;
June 7, 2016, previously published on May 18, 2016According to at least one administrative law judge, neither the work product privilege nor the attorney-client privilege allows an Arizona metal producer and its contractor to withhold factual information gathered during the companies’ investigation of a fatal mine accident from their...
|The Intersection between the Precious Metals Marking Act and the Trademarks Act in Canada: Marking of Precious Metal Articles|
R. Nelson Godfrey; Smart & Biggar/Fetherstonhaugh;
June 7, 2016, previously published by IP Update - CanadaDealers in jewellery and other articles made from precious metals commonly use standardized indications of quality, called “quality marks” in some countries and “hallmarks” in others, to readily indicate to consumers and regulators that the article is a precious metal...
|BC's Auditor General Report on Mining Sector|
Sean Jones; Borden Ladner Gervais LLP;
June 2, 2016, previously published on May 9, 2016On May 3, 2016, BC's Auditor General released An Audit of Compliance and Enforcement of the Mining Sector (the "Audit"). The Audit examined if the Ministry of Energy and Mines ("MEM") and the Ministry of Environment ("MoE") were adequately protecting British Columbia...
|Shale Energy Continues Steady Growth in Ohio|
Beth I. Gillin; McDonald Hopkins LLC;
May 16, 2016, previously published on March 7, 2016Good news for the shale industry in Ohio.
|Steelworkers Reverse Course and Withdraw Request for Import Relief on Aluminum|
Mark D. Herlach, Allison E. Speaker; Sutherland Asbill & Brennan LLP;
April 27, 2016, previously published on April 25, 2016In an unusual change of course, the United Steelworkers Union (USW) has now withdrawn the Section 201 petition it filed just last week to request temporary relief against imports of primary unwrought aluminum. According to various sources, the USW petition faced opposition from the U.S. and...
|‘Attended’ Does Not Require Being Inside Drill Cab, Mining Commission Affirms|
Avidan Meyerstein; Jackson Lewis P.C.;
April 19, 2016, previously published on April 5, 2016A drill operator need not to be inside the cab of his drill at all times to comply with a mine safety standard stating that drills in operation “shall be attended at all times,” the Federal Mine Safety and Health Review Commission has ruled, upholding a judge’s ruling vacating...
|Chevron Corp v. Yaiguaje: SCC Decision Highlights Increased Litigation Risk for Canadian Companies for Misdeeds of their Foreign Affiliates|
Neil Finkelstein, Brandon Kain, Marc-André Russell, Dharshini Sinnadurai, Shea T. Small; McCarthy Tetrault LLP;
September 10, 2015, previously published on September 9, 2015The Supreme Court of Canada’s most recent decision in Chevron Corp. v. Yaiguaje has significantly increased the litigation risk for companies with assets in Canada from plaintiffs seeking to enforce foreign judgments obtained against the foreign affiliates of such companies. The SCC decision...