December 22, 2025 - The Mine Safety and Health Administration (MSHA) announced in a November 26, 2025, status report to the U.S. Court of Appeals, Eighth Circuit (where the rule is currently being litigated), its plans to “engage in limited rulemaking to reconsider and seek comments on portions of the Silica Rule.” The Eighth Circuit required MSHA to provide an update on its rulemaking efforts by February 2, 2026.

In light of MSHA’s announcement that the agency will engage in limited rulemaking to reconsider and seek comments on portions of the Silica Rule, the April 2026 implementation date for metal/nonmetal mines is moot. Based on this development, our understanding is that there will be no rule implementation or enforcement this spring. When MSHA publishes the new proposed rule later in 2026, there will be another opportunity to submit comments and possibly another public hearing.