Natural Resources

Dinsmore & Shohl LLP attorneys have substantial experience in representing clients in regulatory matters involving the Mine Safety and Health Administration (MSHA) and state mine safety regulatory agencies, including hearings before Federal Administrative Law Judges, the Federal Mine Safety and Health Review Commission, and circuit courts. We address everything from citations and orders, to accident investigations, and special investigations under section 110 of the Mine Act. In addition, we provide counsel and representation in the areas of rule makings and legislative initiatives; litigation seeking to clarify the applicability of mine safety regulations to a particular circumstance; and defense in civil matters involving deliberate intent and defective mining equipment claims. Our attorneys also provide pre-enforcement education and training seminars which are designed to assist management personnel during MSHA and state regulatory inspections, and informal conferences. In connection with our MSH practice, the firm often employs experts in the areas of mine planning and operations, equipment operation and maintenance, ventilation design, and other areas related to administrative or civil claims asserted in the context of active mining operations.

Dinsmore & Shohl LLP offers a full range of services in connection with mine safety and health law, including: 

    • Representing employers in accident investigations, special investigations, and safety discrimination
       investigations. 
    • Representing employers in litigation before the Federal Mine Safety and Health Review Commission, 
       state regulatory agencies and in federal and state courts. 
    • Assisting clients in drafting and submitting petitions for modifications and variance requests. 
    • Drafting comments on proposed rules. 
    • Interpreting regulations. 
    • Providing supervisor training seminars and other in-house safety seminars for our clients. 
    • Conducting safety and health audits. 
    • Defending employers against charges of discrimination, retaliation or whistleblowing activities. 
    • Defending employers against charges of deliberate intent to cause injury or illness. 
    • Defending employers in criminal investigations and cases where violations of the Mine Act are alleged.