Allan Ingelson

Disconnect between the Philippine Mining Investment Policy and Indigenous Peoples’ Rights

Throughout the world, conflict arising from mineral development in areas occupied by indigenous peoples is common. The Philippines is well endowed with mineral resources. The governments policy to encourage mineral development ignores the rights provided to indigenous peoples in the Indigenous Peoples’ Rights Act (IPRA). This mining-based development paradigm has prompted opposition to mineral development from indigenous peoples. The conflict has entailed disputes involving the mining industry, government and indigenous peoples concerning environmental impacts, the validity of IPRA and alleged human rights abuses. Possible solutions to the conflict are examined.

Mine Operator Liability for the Spill of an Independent Contractor in Peru

In the mining and energy industries, toxic chemical spills have occurred while transporting hazardous chemicals such as cyanide and mercury to mines in several countries including Kyrgyzstan, Papua New Guinea, Peru, Australia, Taiwan and the United StatesJ Typically, a mine operator will retain an independent contractor to minimise the liability for chemical spills and to disassociate itself from controversial spills.2 This article analyses the administrative, criminal and civil liability of a gold mine operator in Peru, for the mercury spill of an independent trucking company, and provides some recommendations on how best to manage a difficult situation.

Sustainable Energy Mix + Fragile Environments in Canada’s Northern Coastal Zone: Is Technology Enough?

The Northern Marine Coastal Zone of Canada is a fragile environment with extreme temperatures and marine biodiversity comparable to the Galapagos Islands. Due to its geographic remoteness and vast size (two million square kilometers and approximately 36,000 islands) the Northern Coastal Zone is not connected to Canada’s southern interprovincial power girds but is home to 30,000 people who are primarily indigenous. Canadian leases in the Beaufort Sea alone have the production capacity of a billion barrels of oil. Climate change and sea ice change is opening up Canada’s artic marine coastal zone to an increasingly longer ice free shipping season which has the potential to increase tourism, mining, oil and gas development, and related tide water port facilities. The development and infrastructure challenges of northern coastal zone development are not just technological. This chapter examines the social, cultural, legal, financial, and environmental opportunities and constraints involved in creating a sustainable energy mix in northern Canada.

Policies and Laws and Island Environments

During the last decade, the generation of electricity from renewable energy (RE) resources has increased significantly in numerous countries around the world. Government policies and laws play an important role in facilitating the development of RE resources. In this chapter, examples of RE technologies that have been successfully deployed on islands in different regions of the world to generate electricity and the government policies and laws that have been used to promote RE development. In some countries governments have employed a combination of different programs and incentives to facilitate electricity production from RE.

Regulating energy innovation: US responses to hydraulic fracturing, wastewater injection and induced seismicity

This article focuses on how hydraulic fracturing activities – including wastewater injection – generated, and are still generating, a spectrum of regulatory responses. These regulatory inconsistencies are due to many variables, including: differing opinions on how regulators ought to manage new technologies with unknown environmental impacts; the promise of economic benefit; how politically contested hydraulic fracturing is in the jurisdictions in question; and the fact that much is still unknown about the environmental impacts of hydraulic fracturing. Part I provides an overview of the emerging science on the connections between hydraulic fracturing, wastewater injection and induced seismicity. Part II maps the responses of state-level regulators in the United States to this issue. Part III provides a refresher of the environmental governance theories and practices that help administrative agencies cope with the risks, which energy systems have created, and which agencies are mandated to manage. Part IV evaluates the US state-level responses using the introduced theories and practices. Finally, the conclusion provides some additional reflections.

Environmental Takings of Mineral Rights: US and Canadian Experiences

Over the past 20 years, concern has increased over decisions to protect environmentally sensitive areas that have prevented minerai production after significant funds have already been spent on exploration and development programmes. When evaluating the potential for government compensation in the event of an environmental expropriation, an examination of the US and Canadian experience in relation to the granting of mineral rights is useful. The US Constitution provides for ‘just compensation’ when there is a taking. However, in Canada, there is no constitutional right to such compensation. This article will look at leading US judicial authorities that have interpreted the constitutional right to just compensation’. It will also analyse the most important Canadian mineral expropriation authorities, in which the Supreme Court of Canada and provincial appellate courts have considered awarding compensation based on statutory provisions.