MAC/20: Mines and Communities

Introduction for the Law feature

The use of legal instruments to challenge the plans and operations of mining companies has increased exponentially over the past 15 or so years.

In the majority of cases, mining-affected communities  invoke state laws, either to forestall future derelictions, or gain compensation for past and present damages.

(The mining industry itself has also been taking on governments, alleging breaches of international contracts or treaties when they can't get their own  way - see "Arbitration" below).

A significant number of plaintiffs now also use international complaint mechanisms (such as the OECD Guidelines for Multinational Enterprises) in  attempst to halt a specific mining project in its tracks. (You will find many examples of this under "Legal Cases" below).

Such actions have secured mixed outcomes. They may delay a mine's construction, and occasionally result in its suspension. Arguably, however, equal - if not greater success - comes when communities take more direct action, such as blockading a mine site, or withholding their labour from it.

Governments may not have kept in step with these initiatives, but many have at least introduced new mining standards, even while lacking the capacity - or willingness - to enforce them (see "Legislation").

There's still a long way to go before mining companies are called fully to account. (For example, in their use of tax evasion "havens" to conceal profits - a practice still legal in most jurisdictions) (See "Other legal issues)".

However, it's arguable that the outright lawlessness, typical of so much of this extractive sector just a generation ago, is no longer being tolerated.

Other Legal

2021-09-15 USA: Federal jury awards Pomona $48 million in damages from SQM
2021-09-12 USA: 9/11 First responders exposure to asbestos, lead and other toxic materials did not end
2021-08-28 Sexual harassment in mine camps, reports
2021-08-06 USA: Piedmont's transition to indefinite delays
2021-07-18 Killing India'a moral heart: Stan Swamy is dead
2021-07-03 Rights groups seek probe into death of Indonesian official opposed to gold mine
2021-06-29 Australia: The battles for Tasmania’s Tarkine rainforest
2021-06-22 Chairman of Whitehaven Coal quits chancellor role at Newcastle University
2021-06-19 Ireland: Kildare residents fear lithium battery storage compound
2021-06-18 Anglo American’s coal pipe dreams
2021-06-18 How to keep Ireland's gold in the ground
2021-06-15 Umicore pledges to 'green buffer' after lead spike in Hoboken, Belgium
2021-06-12 The dangers of button batteries
2021-06-09 USA: The fight to clean up Exide battery plant in California
2021-06-07 Former Western Australia Aboriginal Affairs minister joins Rio Tinto
2021-06-01 Lusajur Ventures public hearings boycotted in Armenia
2021-05-31 Cominak uranium mine closes in Niger
2021-05-30 South Africa: RBM mining executive gunned down in KwaZulu-Natal
2021-05-26 Deep Sea Mining: DeepGreen-SOAC Merger Investors Alert
2021-05-25 An endless war on the Central Appalachian Mountains

view 315 more articles about Other Legal


Legal Cases

2021-09-15 USA: Federal jury awards Pomona $48 million in damages from SQM
2021-09-12 USA: 9/11 First responders exposure to asbestos, lead and other toxic materials did not end
2021-09-08 Lafarge loses bid to dismiss crimes against humanity charges before French Supreme Court
2021-08-28 Sexual harassment in mine camps, reports
2021-08-21 British Columbia: Nuxalk Nation issues eviction notice to Juggernaut Exploration
2021-07-18 Killing India'a moral heart: Stan Swamy is dead
2021-07-06 Malaysia: Federal Court orders news site to pay gold miner in defamation suit
2021-07-03 Rights groups seek probe into death of Indonesian official opposed to gold mine
2021-06-17 Australia: The mine that has spewed acid for decades
2021-06-11 USA: Family sues battery recycler Gopher Resource
2021-06-09 USA: The fight to clean up Exide battery plant in California
2021-06-08 India: Amara Raja battery plants ordered to shut down over pollution charges
2021-06-05 Costa Rica wins arbitration case over Infinito Gold
2021-05-26 The right to breathe in South Africa's coal places
2021-05-20 Greenland: Orano (Areva) uranium exploration halted
2021-05-14 Kyrgyzstan: Court hands $3.1 billion fine to Kumtor Gold
2021-05-12 USA: Protesters oppose plans to reopen the Idaho-Maryland gold mine
2021-05-05 Poland's border coalmine startles Europe
2021-05-01 Chilean copper workers blocked from pension withdrawals
2021-04-30 USA: The fight for the Menominee river

view 1169 more articles about Legal Cases


Legislation

2021-09-06 Tyrone People’s Assembly march on Irish parliament against gold mining
2021-08-28 Sexual harassment in mine camps, reports
2021-08-24 Deep Sea: Readings from the Abyss
2021-08-21 British Columbia: Nuxalk Nation issues eviction notice to Juggernaut Exploration
2021-07-01 Malaysia's Som Forest: Home to tapirs and elephants or mining site for Pahang royals?
2021-06-28 UK's National Health Service calls for ban on neodymium toys
2021-06-27 India’s Deep Ocean Mission: A race to the bottom
2021-06-25 Zambia: Court decision on Lower Zambezi copper project raise concerns
2021-06-23 Solomon Islands Minister calls for (temporary) mining moratorium
2021-06-21 Is Vale decarbonizing shipping?
2021-06-17 Australia: The mine that has spewed acid for decades
2021-06-14 Peru Elections: The people does not want 'more money'
2021-06-09 USA: The fight to clean up Exide battery plant in California
2021-06-05 Costa Rica wins arbitration case over Infinito Gold
2021-06-04 Following recent PNG-Barrick agreement, minister promises "restorative justice"
2021-05-25 An endless war on the Central Appalachian Mountains
2021-05-20 Deep Sea Mining corporate spin doctors
2021-05-20 Greenland: Orano (Areva) uranium exploration halted
2021-05-14 Kyrgyzstan: Court hands $3.1 billion fine to Kumtor Gold
2021-05-05 Poland's border coalmine startles Europe

view 1138 more articles about Legislation


Arbitration

2021-06-05 Costa Rica wins arbitration case over Infinito Gold
2021-05-24 Is Colombia's military displacing peasants in order to sell off natural resources?
2021-05-14 Kyrgyzstan: Court hands $3.1 billion fine to Kumtor Gold
2021-04-23 Alamos Gold demands one billion dollars from Turkey
2021-04-12 Chile's Codelco to pursue in Paris what it could not get in Ecuador
2021-04-01 China-Australia dispute over Congo iron ore escalates
2021-03-15 First Majestic Corp. against the Government of Mexico
2020-11-20 Lupaka Gold goes arbitration mode against Peru
2020-07-01 Guinea: the battle for Simandou renews
2019-09-19 Armenia: "Our water is our gold"
2019-08-16 Zambia confirms Vedanta's expulsion
2019-08-02 Vedanta launches South Africa arbitration
2019-06-29 The Weekend Essay: Behind Zambia's divorce from Vedanta
2019-02-04 Guatemala under fire from international organisations
2018-06-15 Congo's miners face harsh new reality as mining law finalized
2018-01-29 Indian fisherfolk and farmers appeal to US Supreme Court
2017-04-14 Controversial gold mining company sues Colombia
2017-03-31 El Salvador: Legislative Assembly bans all metal mining
2017-02-25 El Salvador: OceanaGold Must Pay and Pack Up
2017-02-08 Colombia's resistance to Canadian mining

view 88 more articles about Arbitration



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