Federal regulators are officially delaying implementation of Biden-era black lung protections that U.S. coal miners have lobbied federal agencies to enforce — and was supposed to take effect this week — as debilitating and deadly diseases climb.
The Department of Labor in a Federal Register announcement said the long-awaited rule won’t take effect until a legal fight is decided before a federal appeals court. The rule, completed under the Biden administration, would have reduced miners’ exposure limits to 50 micrograms for airborne silica, which contains crystals that can reach deep into the lungs when inhaled.
The rule for metal and nonmetal mines was slated to take effect Wednesday, but the 8th U.S. Circuit Court of Appeals last year granted the National Stone, Sand & Gravel Association’s request for an emergency stay of the rule.
The association at the time argued the rule was “deeply flawed” and faulted the Mine Safety and Health Administration for not allowing companies to include personal respirators toward compliance. The group also argued the pending deadline was “generating extreme costs for coal mining operators.” The Trump administration later asked the court for more time to work through arguments, citing the government shutdown.
