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EPA declines to create new air pollution control program for coal mines for now.

Dinsmore & Shohl LLP
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USA
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May 16 2013

By letter dated April 30, 2013, EPA Acting Administrator Bob Perciasepe denied a petition filed by the Sierra Club and other groups, seeking to have

MSHA’s flagrant assessments: the tide of arbitrary enforcement is turning

Dinsmore & Shohl LLP
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USA
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October 2 2012

Mine operators across the United States have all shuddered at the news of MSHA issuing an exorbitant flagrant penalty assessment and have wondered when their operations could be next

Ohio appellate court ruling helps ensure that real property rights under coal severance deeds will not be trumped by private oil and gas interests

Dinsmore & Shohl LLP
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USA
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April 16 2009

Last year, the Ohio Supreme Court did not accept for review Appellants Charles and Beverly Datkuliak's ("Datkuliaks") appeal from the Seventh District Court of Appeals' decision in Am. Energy Corp. v. Datkuliak, 7th Dist. No. 07 MO 3, 2007-Ohio-7199

The continuing evolution in mine permitting: EPA's war against coal reaches new heights

Dinsmore & Shohl LLP
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USA
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February 22 2011

Elections, we have been told, have consequences

How the EPA aims to kill coal

Dinsmore & Shohl LLP
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USA
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April 11 2012

A case can be made, upon reviewing the full sweep of President Barack Obama’s first term, that the Administration’s top priority has not been health care, the Iranian nuclear program or economic recovery

Ohio governor signs legislation to address horizontal drilling issues

Dinsmore & Shohl LLP
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USA
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June 18 2012

On June 11, 2012, Ohio Governor John Kasich signed into law Senate Bill 315, ushering in several changes to Ohio’s existing oil and gas laws

Dusting off concerns about silica: fracking, OSHA, and silica dust concerns

Dinsmore & Shohl LLP
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USA
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June 26 2012

On June 21, 2012, the Occupational Safety and Health Administration issued a Hazard Alert on ensuring that employers in hydraulic fracturing operations take appropriate steps to protect workers from silica exposure

W.Va. Supreme Court affirms award of attorneys’ fees and expenses against WVDEP in surface mine board appeals

Dinsmore & Shohl LLP
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USA
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October 30 2012

By a per curiam (“for the Court”) decision issued on October 19, 2012, the West Virginia Supreme Court of Appeals ruled that the West Virginia Department of Environmental Protection (“WVDEP”) is obligated to pay the Hominy Creek Preservation Association (“HCPA”) more than $300,000 in attorneys’ fees and costs incurred in connection with two consolidated appeals brought before the West Virginia Surface Mine Board

Defending MSHA enforcement actions part II: "Unwarrantable failure -- MSHA's hammer, or how to avoid being nailed"

Dinsmore & Shohl LLP
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USA
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May 13 2009

The elevated enforcement actions of sections 104(b), 104(d), 104(g), and 107(a) of the Mine Act continue to be well-used hammers in MSHA's arsenal

One of these things is not like the other - D.C. Circuit case strikes down three portions of MSHA’s mine rescue team rule

Dinsmore & Shohl LLP
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USA
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February 12 2009

The United Mine Workers of America (“UMWA”) has successfully challenged three provisions of a Mine Safety and Health Administration (“MSHA”) final rule on mine rescue teams that the group believed contravened the Mine Improvement and New Emergency Response Act of 2006 (“MINER Act”

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