LGU
Pursues Case vs. Marcopper’s New Owners
The battle of the
people of Marinduque to seek compensation for the damage created by
Marcopper Mining Corporation, which was then owned by Placer Dome Inc.,
took a new turn as another corporation, Barrick Gold Corporation, took
over.
BY DENNIS ESPADA
Bulatlat
The battle of the
people of Marinduque to seek compensation for the damage created by
Marcopper Mining Corporation, which was then owned by Placer Dome Inc.,
took a new turn as another corporation, Barrick Gold Corporation, took
over.
With Malacañang
turning its back on demands for environmental protection, the provincial
government of Marinduque decided to file charges against Canadian firm
Placer Dome, Inc. (PDI) before a court in
Nevada
on October 4, 2005. The case is being heard by Judge Brian Sandoval of the
Nevada District Court since October 27, 2005. On the same month, the 10th
provincial council declared a 50-year moratorium on large-scale mining to
give reprieve to the province’s remaining natural bounty and in order to
strengthen the case.
The provincial
government said that PDI ran Marcopper’s mining operations since 1968
until it divested its interests from the mines in 1997 following the
infamous Boac
River disaster on March 24, 1996.
Ceasing to exist
Based on information obtained by the non-government organization
Marinduque Council for Environmental Concerns (Macec) from official
records of the case furnished by the law firm representing the province,
on July 19, Judge Brian Sandoval of the U.S. District Court granted the
motion of the province to include Barrick Gold Corporation as a defendant
in the civil case originally filed against PDI.
It was learned that
beginning this year, Barrick has acquired 81 percent of PDI’s shares and
replaced nine of the twelve members of PDI’s Board of Directors, including
the president and chief executive officer; thus, effectively taking full
control of all PDI’s Nevada subsidiaries and mines.
In a press release
posted on its website,
it stated that as of March 15, Barrick completed its acquisition of PDI,
securing its position as the world's leading gold company. As a result, it
“now operates in 27 mines around the world and it has an unrivalled
pipeline of projects.”
“Placer Dome has
apparently ceased to exist, or ceased to exist in any meaningful sense,”
James McCarthy, lead counsel for the
province
of Marinduque, said. “It is no longer incorporated in British Colombia, no
longer has any assets or properties in Canada or elsewhere, no longer has
any ongoing operations, and has been fully subsumed by (and amalgamated
into) Barrick. What Placer Dome once had (both assets and liabilities) has
either been transferred to Barrick or been sold by Barrick.”
McCarthy also said
that Barrick is liable and responsible for any judgment that the province
might obtain against PDI in the case. “Considerations of equity and
efficiency, as well as a need for realism, therefore demand that Barrick
be joined as a named Defendant in this litigation, if only to insure that
no additional proceedings to collect against Barrick are required.”
“Because Barrick has
long been aware of this lawsuit, and has long been involved in this
lawsuit, it is not prejudiced by its addition as a party. That lack of
prejudice is especially obvious in the circumstances of this lawsuit,
where – despite its eight month tenure in the courts – no Defendant has
filed an answer or given any discovery, even the jurisdictional discovery
that Placer Dome now concedes to be proper, and no Defendant has done
anything whatsoever to address the merits of this lawsuit,” the lead
counsel explained.
Reservations
Macec’s executive
secretary Miguel Magalang says he’s hopeful that the case will achieve a
significant victory for the people. “Otherwise, we can only expect a
ceremonial victory against Placer Dome because it has no more assets to
use in case the court decides in our favor.”
Though Macec supports
the case in Nevada, which they regard as a crucial venue in the struggle
for environmental justice, Magalang admits to having some reservations
because of the non-inclusion of the directly-affected individuals as
plaintiffs in the case. If the court decides to grant compensatory awards,
he said their group will ensure that the poor victims from mining-affected
communities shall be given priority.
Meantime, Macec is
set to present a declaration of support to the Nevada case signed by about
9,000 people and a resolution of endorsement from various barangay
(village) councils in the province. Bulatlat
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