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Upcoming Webinar: Regulatory Developments in Diesel Exhaust

Posted By Chris Greissing, Tuesday, February 10, 2015

 Register today:

Join us on March 19, 2015 at 2:00 PM ET for a webinar on Regulatory Developments in Diesel Exhaust 

On January 19, 2001, the last day of the Clinton Administration, following a years-long rulemaking proceeding, MSHA published final mandatory health standards on the exposure of underground metal-nonmetal miners to diesel particulate matter (“DPM”). The DPM rules were upheld by the US Court of Appeals for the District of Columbia in 2007; happily, however, during the intervening years, ultimately aborted settlement discussions between MSHA, the industry, and the USWA resulted in major changes to the rules. Since then most affected mine operators have learned to comply with the rules and MSHA has not enforced them very rigorously. Now, other developments are taking place such that MSHA (in response to “petitions for rulemaking” from the UMWA and a group of public health academicians) has announced it will publish a Request for Information (“RFI”) in April to gather information on “approaches that would improve control of DPM and diesel exhaust.” Although time-constrained by a lame-duck Administration, the RFI could lead to a new rulemaking, with an entirely unpredictable outcome. Information crucial for the RFI will include: the March 2012 NIOSH-NCI Diesel Exhaust in Miners Study (“DEMS”); the subsequent June 2012 International Agency for Research on Cancer (“IARC”) report which characterized diesel exhaust as a “human carcinogen”; the March 2014 Health Effects Institute (“HEI”) Diesel Epidemiology Workshop; and the January 27, 2015 HEI Advanced Collaborative Emissions Study (“ACES II”). This webinar will focus both on the incipient MSHA rulemaking, as well as the implications of the aforementioned research for tort liability of mine operators in civil litigation brought by plaintiffs who would allege injury or death due to exposure to DPM in the workplace.

Cost: $39/person IMA Members. $69/person for non-members
* Webinar will be recorded and distributed w/ PPT

Presenters: Ed Green and April Nelson Ross, Crowell & Moring LLP
After registering, you will receive a confirmation email containing information about joining the webinar.

Register today:

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