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Preparing For Crisis Management

Sutherland partners Matt Gatewood and Susan Lafferty recently presented a Legal Quick Hit to the ACC’s Energy Committee on the fundamentals of preparedness for crisis management following significant operational failures. The outline of that presentation is below: Identify the risk inherent in every operation Monitor the pulse of industry changes, including new hazards and...

New Railroad Track Inspection Standards Forthcoming After West Virginia Derailment Findings Released

The Federal Railroad Administration announced yesterday new upcoming rail-track standards in connection with reporting its detailed findings of the crude train derailment earlier this year in West Virginia.  The agency announced it will release a Safety Advisory, which urges closer and more detailed inspections where defects and flaws are suspected, and stronger training for rail...

PHMSA Proposes New Pipeline Safety Regulations

The U.S. Department of Transportation’s Pipeline and Hazardous Safety Administration (PHMSA) announced proposed regulations to revise and update its pipeline safety standards and reporting requirements on October 1, 2015.  The deadline to submit comments on the proposed rulemaking is January 8, 2016.  PHMSA estimates that compliance with the proposed rule will cost the industry...

Complaint Against Table Saw Manufacturers For Alleged Conspiracy To Boycott Safety Technology Can Proceed

The Fourth Circuit decided earlier today that a complaint filed by the company that created an “active injury mitigation technology” meant to prevent certain hand and finger injuries on table saws that alleges antitrust violations against the largest table saw manufacturers can go forward.  The contentious 2-1 ruling reverses a district court judge’s grant of the...

Process Safety Reminder: Close Out Prior Investigations’ Findings And Recommendations

The process safety of Washington, D.C.’s public rail transportation system is under criticism following another derailment earlier this month.  According to The Washington Post, the track problem that caused the latest derailment had been detected a month earlier but had not been fixed.  The organization’s interim general manager said, “I don’t want to mince...

Mining Executive’s Request For More Detailed Indictment Denied

On Monday, the U.S. District Court for the Southern District of West Virginia denied a renewed motion for a bill of particulars from the coal executive facing federal criminal conspiracy charges arising from a fatal 2010 mine explosion.  The defense renewed the motion after additional charges were added to the indictment alleging that the executive engaged in a conspiracy to falsify...

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