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Administrative

Mining Compliance

An inspector issues citations at your quarry, a permit renewal stalls, or a buyer wants assurance that a mine's reclamation obligations are covered. Mining operations answer to several regulators at once.

Reviewed

01 GUIDE

Mining Compliance: what usually happens

The regulators around a mine

Worker safety at mines, including surface quarries and sand and gravel pits, is generally overseen by the federal Mine Safety and Health Administration rather than OSHA. Environmental permits for water discharges, air emissions, and waste are handled by federal and state environmental agencies, and operations on federal land involve land management agencies as well. States typically regulate mine permits and reclamation; in New York, the Department of Environmental Conservation administers the mined land reclamation program. Local zoning can also decide where mining is allowed, although in New York the state reclamation law generally displaces local rules on how a mine operates. Because each regulator has its own procedures, a single incident can create several separate proceedings.

Citations and how they are contested

MSHA inspectors can issue citations and orders, and contesting them usually runs through the Federal Mine Safety and Health Review Commission, with short deadlines to act after a citation or proposed penalty is received. Some orders can require miners to be withdrawn from an area, which has immediate operational consequences. Preserve inspection paperwork, photographs, maintenance logs, training records, and evidence of the conditions at the cited location, and involve counsel early when investigators plan interviews about an accident. Patterns of violations can lead to heightened enforcement, so even small citations deserve a deliberate response. Environmental notices of violation follow different paths with their own timelines.

Building and reviewing a compliance program

A workable program assigns responsibility for safety training, workplace examinations, permit conditions, and reporting obligations, and keeps the records regulators will ask for. In a first meeting we look at the type of operation, the permits in place, recent inspection history, and any pending citations or notices. For buyers and lenders, we review reclamation bonding, permit transferability, and outstanding liabilities as part of diligence. If you meant cryptocurrency mining, that raises different questions of energy use, environmental permitting, and financial regulation. Steady record keeping usually makes the next inspection or permit renewal far less disruptive.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

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(424) 561-7557

Attorney Advertising. This page is general information about mining compliance and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.