Among the highly consequential U.S. Supreme Court decisions issued at the end of the most recent term is a long-anticipated one that stands to bring about a seismic shift in administrative law.  Of course, when we speak of “administrative law,” our focus …

Lopez Doran An issue we deal with repeatedly in our practice is whether a mine operator has to immediately notify the Mine Safety & Health Administration (MSHA) of a particular injury. The answer to this question always hinges on the facts surrounding …

… issuing citations and inconsistent enforcement. ■ FMSHRC developments. While developments coming out … Safety & Health Review Commission (FMSHRC) may not be as top …

… & Health Review Commission (FMSHRC), in Secretary of Labor v … remanded the case back to FMSHRC for further review. The … panel majority determined that FMSHRC erred in finding that Congress … be ambiguous and, thus, FMSHRC and the courts should consider …

Doran and Lopez Every January, Mine Safety & Health Administration (MSHA) civil penalties typically increase in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990. The current year is no exception. The maximum penalty for most …

… Safety & Health Review Commission (FMSHRC, or the commission) is independent … the first instance by an FMSHRC administrative law judge (ALJ). Hearings … commission. At the appellate level, FMSHRC can consist of up to …

Doran and Lopez We often hear from mine operators who are frustrated that their substantial best efforts to develop and maintain a strong safety compliance record were undermined by conditions and practices created by contractors working on their property. …

… Safety and Health Administration (MSHA), Federal Mine Safety Health Review Commission, Department of Energy, US Environmental … Safety and Health Administration (MSHA), Federal Mine Safety Health Review Commission, Department of Energy, US Environmental …

Lopez Doran In a 2-1 decision issued in April, the Federal Mine Safety & Health Review Commission took what it characterized as a “common sense” approach and held that the Mine Safety & Health Administration (MSHA) does not have jurisdiction to …

Erin Beatty Erin L. Beatty has joined the University of Arkansas' Office of the General Counsel on the Fayetteville campus, following a nationwide search. She is one of five attorneys assigned to the campus, which has more than 27,000 students. JoAnn …