Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/85639
suing 103(k) orders even where it cannot be determined an event occurred; it also demonstrates MSHA's expansive application of 103(k) orders to areas or equipment not necessarily affected by an event. For example, where tangible events occur such as roof falls affecting only specific areas of a mine, MSHA commonly applies Section 103(k) orders to the entire mine, and ALJs have upheld this overbroad application. See e.g, Pattison Sand Co., LLC, 2011 WL 6880702 (ALJ McCarthy December 2011); Big Ridge, Inc., Docket Nos. LAKE 2011-699, 2011-700 (ALJ Lewis Jan. 20, 2012). With such a broad and expansive application of Section 103(k), operators are forced to comply with MSHA's requirements re- gardless of reasonableness. Cloaked in the "plan" language of Sec- tion 103(k), MSHA forces operators to adopt plans none would otherwise implement simply to lift these orders. Operators are also forced into expedited litigation to contest these orders. This has proven to be problematic even when evidence is presented demonstrating MSHA's unreasonable application of (k) orders. Such abuses of discretion leave operators with few avenues for relief, and while there are certainly no measures that ensure 103(k) orders will be lifted, operators can take proactive steps when faced with a pending (k) order. Operators should ensure effective and accurate communication is established with MSHA. When a 103(k) order is issued, operators should make every effort to have MSHA explain the order and what is required for it to be lifted. Operators should expeditiously retain the necessary experts in order to prepare for litigation; reliance on in-house expertise may not be sufficient. Counsel should also be retained early in the event of litigation, and operators should advise counsel of all developments including the retention of experts. Conversations with MSHA and attempts to comply with its requests should be documented, and operators should refrain from disturbing the scene of the event. MSHA has and will issue citations for disturbing the scene of an "accident," even if the operator is well intentioned. AM LAND/RESERVES PURCHASE Natural Resource Partners L.P., a publicly traded master limited partnership, is interested in purchasing land, surface and mineral rights and minerals processing infrastructure. In 2011 NRP has acquired aggregate reserves in Tennessee and Kentucky, and an overriding royalty interest on frac sand reserves in Texas. NRP purchases actively mined aggregate reserves from landowners, as well as from aggregate producers through a sale/leaseback for future royalty payments. All cash purchases, NRP has the ability to close and fund quickly. Funds may be used for recapitalization, partner buy-out, operating capital, equipment purchases, plant expansion, etc. Acquisitions@nrplp.com Toll Free (Phone/Fax) 866-973-8886 www.nrplp.com Write 174 on Reader Card. nrp052_aggregates_halfpage_ad_0819.indd 1 NRP_AGRM1011.indd 1 AGGREGATES MANAGER March 2012 8/19/11 10:52 AM 9/15/11 10:30 PM 49 NSSGA Member