By Brent I. Clark and Ilana R. Morady
Seyfarth Synopsis: The proposed MSHA rule would require mine operators to examine their mines and to notify miners of dangerous conditions.
MSHA announced today that it has formally submitted a proposed mine examination rule for publication in the June 8, 2016 Federal Register. 81 Fed. Reg. 36818.
The proposed
Continue Reading MSHA Announces Proposed Rule on Mine Examinations
By Andrew H. Perellis and Patrick D. Joyce
In the recently released decision in Perez v. Mortgage Bankers Association (MBA), 575 U.S. ____, 135 S.Ct. 1199 (2015), Supreme Court Justices Scalia and Thomas expressed their discontent with agency deference under the “Auer doctrine.”
Another Seyfarth blog, the Wage & Hour Litigation Blog, discusses the major holding
Continue Reading Judicial Deference to Informal Agency Interpretations: Could this be the Beginning of the End for Auer?
By Andrew H. Perellis and Craig B. Simonsen
In City of Arlington v. Federal Communications Commission, __ U.S. ___, No. 11-1545 (May 20, 2013), the Supreme Court re-affirmed the Chevron standard for deferring to an agency interpretation of an ambiguous statute even where the agency interpretation pertains to whether the agency possesses authority to act in the first instance.
By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
Mine operators and employee interveners lost their joint appeal to U.S. Seventh Circuit Court of Appeals — where the Court agreed with the Commission that MSHA acted within its statutory and constitutional authority to issue document demands for employee medical and personnel records. Big Ridge, Inc., et al., v.
Continue Reading 7th Circuit Upholds MSHA’s Authority to Request Medical Records to Verify Reported Injury Statistics
By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
The DC Circuit has just remanded a case to the Mine Safety and Health Review Commission because the Commission failed to explain its departure from its own precedent.
Failure to Contest Proposed Penalties Not Fatal
In this case the mine operator had contested an MSHA citation, but not the
Continue Reading MSHRC Failed to Explain Departure From Its Precedent