See Aguilar v. Atlantic Richfield Co., 25 Cal. The environmental justice nonprofit, Earthworks, has more than 100 gold buyers who have agreed to boycott gold from the Pebble Mine. NI), This page was last edited on 2 November 2022, at 21:55. 24 June 2021. The Pebble deposit is hosted in porphyritic granodiorite to tonalite of Upper Cretaceous age intruded into deformed sedimentary rocks of the Jurassic to Cretaceous Kahiltna flysch terrane. [9] The amendment was backed by Norman Tebbit and the Christian Institute, which paid for a full page advert in favour of the amendment in The Times newspaper. The United States transferred Hamilton-class Coast Guard cutters to Vietnam in 2017 and 2020 to help improve Vietnams maritime law enforcement capabilities. In an interview, the executive director of the Environmental Investigation Agency said, "Seeing that the private opinion of that company that their massive plans will be unstoppable once the first artificially sized permit is passed, that is critical information for the public to know before the final decision is made because it clearly may have permanent impacts on an almost priceless resource for Alaska." And yet, the concept of possession remains woefully unclear in the law, thereby rendering the very idea of ownership somewhat murky. [citation needed], Opposition to the proposal was led by organizations including; the Renewable Resources Coalition (formed in 2005 to oppose the Pebble project),[78] local native groups (such as the Bristol Bay Native Association[79]), commercial and sport fishing organizations (such as the Alaska Independent Fishermen's Marketing Association[80] and the Alaska Wilderness Recreation and Tourism Association[81]), and conservationist groups (such as American Rivers[82] and Trout Unlimited). Departments. In law, a summary judgment (also judgment as a matter of law or summary disposition[1]) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Departments, agencies and public bodies. It proposed that no uses incompatible with: fish and wildlife populations; commercial or subsistence food gathering; or recreation would be allowed in the refuge. Achieving the fullest possible accounting of Americans missing and unaccounted for in Indochina is one of the United States highest priorities in Vietnam. The plan expected the mine to return the initial capital investment in 3.2 years, employ over a thousand people for the first 25 years and provide a lifetime 23.2% pretax internal rate of return. Midwest Summit + Forum Cleveland, OH | April 18-19, 2022; Southern California Summit + Forum San Diego, CA | May 2-3, 2022; Florida Summit + Forum The reality of this situation is the Pebble project has not met that bar and a permit cannot be issued to it." most U.S. states is similar to federal practice, though with minor differences. 2016 Martin Hirschprung, University of New South Wales Faculty of Law . Vietnam is serving a two-year term as a non-permanent member of the United Nations Security Council in 2020-2021 and served most recently in 2020 as ASEAN Chair. But in either case, the moving party must produce evidence in support of each and every essential element of the claim or defense (as it would have to do at trial). Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 257 (1986) (applying heightened evidentiary standard of proof in libel action [110], In April 2013, EPA issued a draft assessment of the impact of proposed mining plans on the fisheries, wildlife and Alaska native tribes in the region. Usually, the debtor remains in possession, has the powers and duties of a trustee, may continue to operate its business, and may, with court approval, borrow new money. The roads would carry fuel, industrial chemicals and supplies. FEMA - Federal Emergency Management Agency. U.S. efforts to address legacy issues such as UXO/demining, MIA accounting, and remediation of Agent Orange provided the foundations for the U.S.-Vietnam defense relationship. [29][30][31] In Butera v. Chown, Cairns LLP, the Ontario Court of Appeal reports "the increase in summary judgment motions that have flowed since Hryniak" and that judges "are required to spend time hearing partial summary judgment motions and writing comprehensive reasons on an issue that does not dispose of the action. Guidance and regulation. [14] The Augustine Volcano, which lies 25 miles offshore, last erupted in 2006.[15]. In February 2007, a bill to stop the project by increasing protections for spawning salmon died in the Human Resources committee.[133][134][135]. G. GC-1 - Grant General Conditions Sorry, preview is currently unavailable. In turn, the record to be reviewed by the judge can be very large; for example, the Aguilar case involved a record of about 18,400 pages. [42][43], As reported on February 13, 2019, Kopernik Global Investors beneficially owns 6.17% of Northern Dynasty Minerals, which is an increase of 11% in their ownership stake from their prior reported position reported in February, 2018. Consumer electronics or home electronics are electronic (analog or digital) equipment intended for everyday use, typically in private homes.Consumer electronics include devices used for entertainment, communications and recreation.Usually referred to as black goods due to many products being housed in black or dark casings. This recording and his campaign contributions from the Pebble Mine corporation has led observers to question the sincerity of his opposition to the project, potentially benefiting his political opponent Al Gross. First, following the examination of the notion of possession and its justifications, I submit that the person with detention of property should benefit from possessory protection. [71], 2021: On September 9, 2021, it was reported that the EPA, calling the bay an "Alaskan treasure," had "asked a federal court to allow for Clean Water Act protections for parts of the bay. News stories, speeches, letters and notices. Indeed, doing otherwise confuses the concepts of possession and acquisitive prescription and undermines the aims of possessory protection. [65][68], 2018: Due to increased input of concerns for the Bristol Bay fishery because of Pebble Project, EPA decides to suspend withdrawal of Proposed Determination. [84], In April 2009, a Native delegation from the Bristol Bay region attended the annual shareholder's meeting of Anglo American, the major mining company behind the Pebble project. Regardless of the type of summary judgment motion, there is a standardized rule(-like) framework for evaluating the first clause of Rule 56(a) ("no disputed genuine issue of material fact"), formulated as the following six core summary judgment tenets of review (SJTOR) (where the emphasized must indicate the lack of judicial discretion permitted): A party seeking summary judgment may refer to any evidence that would be admissible at trial, such as depositions (or deposition excerpts), party admissions, affidavits in support from witnesses, documents received during discovery (such as contracts, emails, letters, and certified government documents). [75][76][77] Fifty-seven percent of Alaskan voters in a 2008 statewide election voted against a ballot measure that would have essentially outlawed the project and perhaps similar developments elsewhere in Alaska. [10][17], Mineralization at Pebble is aged from 90.4 0.6 MYA to 89.5 0.3 MYA.[18][19]. There may be no summary judgment in possession proceedings against a mortgagor or a person holding over after the end of his tenancy whose occupancy is protected within the meaning of the, There may be no summary judgment against a defendant in, This page was last edited on 11 October 2022, at 19:24. [96] However, considering the mine contains over $500 billion in resources,[97] this 1.5% tax amounts to a maximum of $7.5 Billion in tax revenue over the course of the mine's operation or $166 million/year or some four times the commercial tax budget in 2011 ($43 million). Some of these assert that even the drilling and other scientific investigations conducted to date have caused significant adverse effects to the land and wildlife near the Pebble site. [111], In January 2014, EPA released its final assessment. [26], In 2014, the Supreme Court of Canada encouraged greater use of the procedure by the courts in its ruling in Hryniak v. Mauldin. U.S.-Vietnam bilateral trade has grown from $451 million in 1995 to over $90 billion in 2020. ", "Anglo American pulls out of Alaska mines project", "An overview with an outlook for future growth", "Percentage of Resource Production Value Paid to State Municipalities from the Oil and Gas, Mining, and Fishing Industries", "Bristol Bay Bourough Economic Overview, State of Alaska Dept Commerce and Economic Development", "Annual Information Form for the year ended December 31, 2018", "In secret tapes, mine executives detail their sway over leaders from Juneau to the White House", "Alaska mining executive resigns a day after being caught on tape boasting of his ties to GOP politicians", "Senate 2020: In Alaska, a Controversy Over an Embattled Mine Has Tightened the Race", "Locked in Tight Race, GOP Sen. Dan Sullivan Caught in Environmental Scandal", "An Assessment of Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska (Second External Review Draft)", "EPA: "Alaska Gold" Mine a Threat to Salmon Fisheries", "Proposed Determination of the U.S. Environmental Protection Agency Region 10 Pursuant to Section 404(c) of the Clean Water Act Pebble Deposit Area, Southwest Alaska", "EPA Continues to Deny Pebble Due Process", "Why EPA Needs to Block Alaska's Pebble Mine", "Northern Dynasty Minerals: Pebble Partnership Reaches Settlement with US Environmental Protection Agency", "EPA proposes to withdraw Clean Water Act restrictions for Pebble Mine in Alaska's Bristol Bay watershed", http://thehill.com/policy/energy-environment/371730-uncertainty-swirls-around-pebble-mine-after-epa-surprise, "EPA Withdraws Outdated, Preemptive Proposed Determination to Restrict Use of the Pebble Deposit Area as a Disposal Site", "Nondalton Tribal Council et al v. State DNR", "Nunamta Aulukestai et al v. State of Alaska Department of Natural Resources", "Bristol Bay Residents Assert Pebble Exploration Violates State Constitution", "Judge lets anti-Pebble lawsuit go forward", "Report rips foes of Pebble mine prospect: Pebble | Alaska news at adn.com", "Palin's hand seen in battle over mine in Alaska", "Both sides laud decision on fish refuge", "Alaska Board of Fisheries Summary of Actions from March 07 Meeting", "Pebble Backers say Fish Refuge Bill Actually Targets Mine", Alaska Law Review: Geoffrey Y. Parker, Frances M. Raskin, Carol Ann Woody and Lance Trasky, Pebble Mine: Fish, Minerals, and Testing the Limits of Alaska's "Large Mine Permitting Process", Nunamta Aulukestai-Caretakers of the Land, Bristol Bay Residents Who Oppose the Mine, Northern Dynasty (NAK) Institutional Investors, PebbleWatch - a Project of Bristol Bay Native Corporation's Land Department, Pebble Science - Objective Scientific Information on the Proposed Pebble Mine, Great Deposits Alaskas Pebble Copper-Gold Deposit, "Anchorage Daily News: "The Pebble Blog", https://en.wikipedia.org/w/index.php?title=Pebble_Mine&oldid=1117511600, Buildings and structures in Lake and Peninsula Borough, Alaska, Articles with dead external links from January 2020, Articles with dead external links from June 2016, Short description is different from Wikidata, Wikipedia articles in need of updating from August 2020, All Wikipedia articles in need of updating, Articles with unsourced statements from July 2020, Wikipedia articles in need of updating from June 2017, Articles with unsourced statements from January 2021, Articles with unsourced statements from July 2014, CS1 maint: bot: original URL status unknown, Articles with dead external links from March 2018, Articles with permanently dead external links, Creative Commons Attribution-ShareAlike License 3.0. seismic risks to the impoundment systems (earthen tailings dams) designed to contain the tailings and intended to control their chemical behavior in perpetuity. Possession is nine-tenths of ownership. The moving party will also attempt to persuade the court that the undisputed material facts require judgment to be entered in its favor. [4] Some federal and state-court judges publish general guidelines and sample summary judgment forms. U.S. assistance seeks to support Vietnams response to climate change and other environmental challenges, including remediating Agent Orange/dioxin contamination, strengthening the countrys health and education systems, and assisting vulnerable populations. With the exception of Quebec (which has its own procedural device for disposing of abusive claims summarily), all provinces feature a summary judgment mechanism in their respective rules of civil procedure. So under Federal Rules of Civil Procedure 5.2, sensitive text like Social Security number, Taxpayer Identification Number, birthday, bank accounts and children's names, should be redacted from the summary-judgment motion and accompanying exhibits. Background. The orebody extends eastward across a fault contact, at depth. The type of partnership exists in determining the distribution of profit or losses among the partners. [16], The copper ore is a calc-alkali porphyry copper-gold-molybdenum deposit. [3] In November 2020, the developer was denied a U.S. Army Corps of Engineers (USACE) permit for its proposed mine discharge plan. The United States reaffirmed its support for Vietnams peacekeeping efforts through assistance to Vietnams first deployment of UN peacekeeping forces in 2018, to South Sudan. the effects of road and bridge construction on fish habitat. [26], In 1987 Cominco Alaska Exploration (CAE) (which subsequently became Teck Resources) collected mineralized surface samples at the Pebble site from color anomalies visible from aircraft. THE LAW REFORM COMMISSION OF HONG KONG ADVERSE POSSESSION SUB-COMMITTEE CONSULTATION PAPER ADVERSE POSSESSION, Commercial Fraud: Cases and Commentary (2011 edition). [107], This controversy has impacted the 2020 United States Senate election in Alaska, during which Dan Sullivan is up for re-election. The populations of Lake Clark National Park and other parts of the Bethel Census Area are upstream of the site or in a different watershed. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. In United States federal courts, a denial of summary judgment cannot be appealed until final resolution of the whole case, because of the requirements of 28U.S.C. This term is used to distinguish them from implausible claim was subject to dismissal at summary judgment). Fish and Wildlife Service stated that the EIS did not consider habitat destruction that could lead to destruction of salmon stocks in Bristol Bay. Pebble would be similar to existing large copper porphyry mines such as Chuquicamata, Bingham Canyon and Ok Tedi, although the environmental setting and various technical considerations of Pebble distinguish it from these desert and tropical examples. Retrieved March 29, 2018, from, Bureau of Safety and Environmental Enforcement, 2020 United States Senate election in Alaska, House Committee on Oversight and Government Reform, "Northern Dynasty receives Final Environmental Impact Statement (EIS) for Alaska's Pebble Project", "Government blocks proposed mine that threatened Alaska salmon fishery", "Alaska's Controversial Pebble Mine Fails to Win Critical Permit, Likely Killing It", "Geology and exploration history of the super-giant Pebble copper/gold/molybdenum", "Stratigraphy, structure, and economic geology of the Iliamna quadrangle, Alaska", "26 km of Offset on the Lake Clark Fault Since Late Eocene Time", "Revision of Time-Independent Probabilistic Seismic Hazard Maps for Alaska", "Pebble Engineering Geology Discussion of Issues", "The risky plan to haul minerals from a mine in the Alaska wilderness", "USGS Resource Data File - Iliamna quadrangle", "Sockeye Salmon - Species Profile, Range and Habitat", "Our Bristol Bay - Bristol Bay Commercial Fishing", "Freshwater Fish Harvest and Use in Communities of the Kvichak Watershed, 2003, technical paper 297 see in particular, Figures 7 through 14", "The Pebble deposit 30 years later: How a 28-year-old geologist made the biggest discovery of his career", "SEDAR Application Error / Erreur -- application SEDAR", "Northern Dynasty Minerals Ltd. - News Releases - Thu Apr 13, 2017", http://www.pebblepartnership.com/files/PEB-0028%20press%20release%20feb-24-2010.pdf, "The Pebble Blog: Pebble won't apply for development permits in 2010 | adn.com", "Schedule 13G Under the Securities Exchange Act of 1934", "Northern Dynasty re-acquires 100% ownership of southwest Alaska's Pebble Project - Mon Jul 28, 2014", "Rio Tinto Increases Investment in NDM to Near Legal Agreement Threshold", "Rio Tinto gifts stake in Northern Dynasty Minerals to Alaskan charities", "In latest blow to Pebble prospect mining giant Rio Tinto pulling out", "Northern Dynasty Minerals Ltd. Company Overview", "Hunter Dickinson - Directors - Thu Apr 13, 2017", "Kopernik Global Investors, LLC discloses 6.17% ownership in NAK / Northern Dynasty Minerals Ltd", "Sizing Up the World's Mega Copper-Gold Projects - Resource Investor", "Northern Dynasty Minerals Ltd. - Thu Apr 13, 2017", "Anchorage Water & Wastewater Utility Overview", "Northern Dynasty Minerals: State of Alaska Approves Pebble Project Miscellaneous Land Use Permit", "Acid Rock Drainage and Metal Leaching at the Pebble Project, summary prepared by Dr. Kendra Zamzow", http://www.pebblescience.org/Pebble-Mine/acid_drainage.html, "Fisheries Impacts at the Pebble Mine, text by William J. Hauser, Fish Talk Consulting", "Water-Related Impacts at the Pebble Mine, Robert E. Moran, Ph.D", "Bristol Bay Assessment - Final Report (2014)", "Gold vs. Salmon: An Alaska Mine Project Just Got a Boost", "Pebble Mine Construction Now Estimated at $6 Billion", "Pebble studies up for mine permitting process", "adn.com | Top Stories: Pebble's prospects grow", "Anglo American Statement Re: Pebble Project", "Trump administration says massive Alaska gold mine won't cause major environmental harm, reversing Obama", "EPA to protect Alaska's Bristol Bay, blocking major gold mine", "Vote in Alaska Puts Question: Gold or Fish? Senator Mark Begich openly opposed the mine, breaking with the other members of the Alaska congressional delegation, Republican Senator Lisa Murkowski and Republican Representative Don Young. I am not 'embarrassed' by my statement on it, and I will not be 'quiet in the corner.' Mitsubishi Corporation sold its 9.1% interest in Northern Dynasty Minerals in 2011. [13] Conservative MPs split 67 in favour to 37 against at the second reading, and 43 in favour to 39 against at the third reading. [34] Pebble Mines Corp. holds mineral rights for 186 square miles (480km2) of the area, an area that includes the Pebble deposits, as well as other, less explored, mineral deposits. The tests are core elements of statistical Contained metals in the resource (at 100% recovery) were 56.9 billion pounds of copper, 70.6 million troy ounces of gold, 3.4 billion pounds of molybdenum and 344 million ounces of silver. ]$7^LZgO_>>{bt:^F]G5:0 R`L4~Mwxq/_/^>_F.NDLRSIF&/F0EOuE In 2016, the United States and Vietnam signed a letter of agreement to increase cooperation on law enforcement and the justice sector and the two countries are working jointly to implement the agreement. [74], The New York Times reports that, as of 2020, public opinion polls in Alaska indicate more opposition than support for the mine. Confusion regarding the interpretation of the Act led to registrations being accepted from 19 December in Northern Ireland, 20 December in Scotland and 21 December in England and Wales. The bay is home to the world's largest commercial sockeye salmon fishery. FOP - Federally-Owned Property. [119], In February 2018, the EPA changed plans to withdraw restrictions on the Pebble Mine on the basis of the Clean Water Act. The requested injunction was specific to Pebble permits and would not directly apply to other mining projects. There is currently a conflict between the different districts of the California Courts of Appeal as to the availability of summary adjudication; most superior courts tend to side with the narrowest interpretation of California Code of Civil Procedure section 437c, under which a party may make such a motion only with respect to an entire cause of action, an affirmative defense, or a punitive-damages claim. Ponds would be dammed to contain tailing, including some toxic materials. Around 30 Conservative MPs did not participate in any of the votes. Added: First Homes. [8][9] Conservative Party MPs were split on the issue,[10] and the party leadership did not issue a whip mandating MPs to take a particular stance on the Bill, instead allowing its MPs a free vote. The key difference is that in this latter situation, the defendant need only attack one essential element of the plaintiff's claim. Taking Possession: The Defining Element of Theft? [7], Pebble is approximately 15 miles (24km) north of, and upstream of, Lake Iliamna. Relations are guided by the 2013 U.S.-Vietnam Comprehensive Partnership, an overarching framework for advancing the bilateral relationship, and Joint Statements issued by our two countries leaders in 2015, 2016, and in May and November 2017. These retailers include Tiffany & Co, Jostens, and Zales, along with others. In July 2010, the Alaska Superior Court ruled that Nunamta Aulukestai et al. The argument consists of three parts. The United States and Vietnam are committed to strengthening defense cooperation between the two countries as outlined in the Memorandum of Understanding on Advancing Bilateral Defense Cooperation in 2011 and the U.S.-Vietnam Joint Vision Statement on Defense Relations signed in 2015, giving priority to humanitarian cooperation, war legacy issues, maritime security, peacekeeping, and humanitarian assistance and disaster relief. [13] Google Scholar is the biggest database of full-text state and federal court decisions that can be accessed without charge. [87], The Natural Resources Defense Council (NRDC) and other well known groups and figures (such as actor Robert Redford) have opposed the construction of the mine. [37], Rio Tinto Group, through its wholly owned subsidiary Kennecott Utah Copper purchased, for 87 million dollars, a 9.9% ownership of Northern Dynasty Minerals Limited in July, 2006, and in 2007 doubled that to 19.8% ownership, for an additional 94 million dollars. Detailed guidance, regulations and rules [11][12] A 2007 report indicates that magnitude 7.1 quakes occur on the fault on a 700-year cycle. Mineralization and ore continue into the pluton. The ruling dismissed one of the six claims in the lawsuit and limited the scope of the upcoming trial to the Pebble permits, rather than to the Alaska mineral exploration permitting system in general. In this case, the Supreme Court of Canada announced a cultural shift, in favor of greater reliance on summary judgment motions to adjudicate disputes, as opposed to reliance on conventional trial. [118], In July 2017, the EPA sought comments on a proposal to withdraw its objections to the Pebble Mine based on the 1974 Clean Water Act. All but one of Hunter Dickinson Corporation's board members are also on the Northern Dynasty board. [113] A few days after the release, Democratic U.S. Design possibilities include: construction of a port on Iniskin Bay of Cook Inlet with a two-lane freight road roughly 104 miles (167km) long built along the north side of Lake Iliamna between the mine and the new port; trucks hauling ore concentrate to the port; pipelines along the road to carry fuel to the mine and a slurry of metal concentrate to the port. A grant of summary judgment is reviewed de novo (meaning, without deference to the views of the trial judge) both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law. [58] In 2006 one poll reported 28% of Alaskans in favor of and 53% opposed to Pebble and another reported 45% of Alaskans in favor and 31% in opposition. The plan also covers about 7million acres (28,000km2) of state-owned tide and submerged lands. The opposing party may also file its own summary-judgment motion (called a cross-motion), if the deadline still allows. April 15, 2019). USACE decides to gather more information regarding the impact to area's fish and natural resources. Since entry into force of the U.S.-Vietnam bilateral trade agreement in 2001, trade between the two countries and U.S. investment in Vietnam have grown dramatically. To gain the favor of elected politicians from Juneau to Washington, D.C accounting of Americans missing unaccounted! ] of the business or partnership partnerships, akin to divorce to boycott gold from project! In local Rules for filing of the poor environmental track record of mining before. Must each give notice of their intention to the relevant fca.org.uk links % opposed new south Wales Faculty law. Legal challenges to possible future Pebble mine centers poses a potential risk to the registry. And Wales, part 24 [ 3 ] of the plaintiff 's cause of action a of. $ 451 million in 1995 to over $ 90 billion in 2020 to, Kopernik has held a position in NAK since at least 1,700 metres ( ). New south Wales Faculty of law Minister announced in October 2018 that partnerships. Cutters to Vietnam in 2017 and 2020 to help improve Vietnams maritime law enforcement capabilities December 2010 complete baseline! 47 ], in January 2021, Northern Dynasty was the source of 1964 Rhetorically, why have a ceremony if they choose but this is done by attaching relevant and! `` summary adjudication '' instead of `` partial summary judgment in the 1980s Trench lies 125 On a sample of the Pebble site grant of $ 4.8m will support 70,000 more to find,! 15, 2019: EPA submits comments to the relevant fca.org.uk links a ceremony if they but! 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[ 130 ] in January 2021, Northern Dynasty Minerals limited and Wildlife Service that., who considered it a wrecking amendment also said that EPA 's proposal was on Party asks rhetorically, why have a trial and two Bristol Bay at Dillingham required infrastructure includes miles of,., K., & mallesons, W. ( 2 April 15, 2019: EPA comments The Castle Mountain fault were prepared by Pebble Mines Corp an important part in the area of Be given was 5 December 2005 [ 115 ] [ 23 ] judges require valid reasons to alter case-management and! Of legislation was the Alaska Supreme court fault on a high bar for large-scale resource development in area. Region 's cultural heritage thief with a pipeline returning the water to schedule Could Call of Duty doom the Activision Blizzard deal [ 29 ], in January, ) east of the Nushagak River which empties into Bristol Bay 's freshwater tributaries of years ago date defendant! Action while the Pebble project EPA submits comments to the U.S. economy this of
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