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FROTH AND BUBBLE
World Bank unveils new conditions for loans
by Staff Writers
Washington (AFP) Aug 4, 2015


Finnish nickel mining execs on trial for environmental damage
Helsinki (AFP) Aug 4, 2015 - Four former executives with a Finnish nickel mining company accused of contaminating lakes with uranium, cadmium and other toxic elements went on trial Tuesday charged with aggravated environmental damage.

Talvivaara Sotkamo, the bankrupt operator of the European Union's biggest nickel mine, is also named among the defendants in the highly-publicised case in Kainuu, east-central Finland.

The prosecutor asked the district court to seize 13.3 million euros ($14.6 million) in illegal profits from Talvivaara Sotkamo's estate and the four executives, according to court documents.

Situated around 500 kilometres (300 miles) north of Helsinki, the mine opened in 2008 amid expectations it would usher in a new era in nickel mining in Finland.

But the operation ended in environmental disaster and economic failure after toxic levels of nickel, cadmium, uranium, aluminium and zinc were detected in nearby lakes and rivers in 2012, and again in 2013 after waste water began to leak from the mine.

The company filed for bankruptcy at the end of 2014.

The case has generated huge interest in Finland, prompting the Kainuu court to hold the trial at a university campus because its courtroom is too small to accommodate the crowd.

The prosecutor is seeking suspended sentences and fines for the company's former chief executive, Pekka Pera, and three of his colleagues.

He also asked the court to impose a maximum fine of 850,000 euros ($932,000) on the bankrupt company for allegedly negligent procedures.

Both the company and executives pleaded not guilty.

Finland's largest daily Helsingin Sanomat cited unnamed sources as saying the defence would argue that "some environmental degradation" had been permitted by the authorities as it was part of mining.

The Finnish state has taken over the open-pit mine until a new ownership structure is decided on.

The mine is currently filled with water caused by a flooding problem that has to be resolved if operations are to resume.

The trial is expected to last around two months.

Damage claims from local landowners will be heard at a separate trial.

The World Bank unveiled Tuesday a set of new social and environmental rules for its 188 member nations to receive financial assistance.

According to the World Bank, the draft framework, under discussion for several years, represents "a major step forward" for the development lender that strengthens its protection of the environment and the world's poor and vulnerable in its investment projects.

In early March, the World Bank acknowledged that internal reviews had found significant flaws in the way it handles the resettlement of people to make way for development projects.

Under the proposed framework, the World Bank will demand that borrowing countries extend labor rights, including for the first time the rights to collective bargaining and freedom of association.

The institution also amended a previous proposal on environmental standards that had raised ire among nongovernmental organizations and other groups in July 2014.

Now, the Bank will deem that "offsets" -- actions to compensate for "unavoidable biodiversity impacts" linked to economic development -- should be considered "a last resort" and prohibited in certain instances.

Indigenous peoples affected by projects would need to give "free prior and informed consent" before the projects can proceed, and proposes that in some instances offsets would be prohibited altogether.

If prior consent "can't be shown, the World Bank will not proceed with the aspects of the project relevant to indigenous peoples, it said.

In a joint statement, 19 civil society organizations, including Oxfam and Human Rights Watch, denounced the new World Bank framework, calling it a "dangerous rollback in environmental and social protections."

The proposed rules "will vastly weaken protections for affected communities and the environment at the same time as the bank intends to finance more high-risk projects," they said.

US appeals court orders Ecuador to pay $96 mn to Chevron
New York (AFP) Aug 4, 2015 - A US federal appeals court on Tuesday upheld a $96 million award that Ecuador must pay oil giant Chevron in an arbitration of their dispute over Chevron's investments in the country.

Judge Robert Wilkins, of the US Court of Appeals in the District of Columbia, concluded that by signing the investment treaty with the United States, which took effect in 1997, "Ecuador made a standing offer to American investors to arbitrate disputes involving investments that existed on or after the treaty's effective date."

The court thus upheld the previous decision of the DC federal court and validated the finding of a three-member tribunal based at The Hague.

The arbitration decision against Ecuador also had been ratified in the Netherlands, with the Dutch Supreme Court ruling in September 2014 that Ecuador must pay the award.

Chevron, in a statement in Spanish, said it was "pleased" with the appeals court decision that confirms a "$106 million" award, an amount that includes interest.

In a separate case, brought by the indigenous people of Ecuador's Lago Agrio region to win compensation for the mass dumping of oilfield waste between the 1970s and 1990s, an Ecuadoran court ordered Chevron to pay $9.5 billion in damages.

The environmental destruction allegedly was perpetrated by Texaco, which Chevron bought in 2001.

But a US court found last year that the plaintiffs' legal team, led by American lawyer Steven Donziger, conspired to win the case by "egregious fraud," including bribing a judge, writing the court's verdict themselves and secretly paying the authors of an ostensibly independent report.


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