Placer Dome to elevate case to US federal courts?

Canadian multinational mining company Placer Dome Inc. (PDI) reportedly wanted to elevate the lawsuit, which the provincial government of Marinduque filed against it, to the United States federal courts.

Dr. Catherine Coumans, research coordinator of Mining Watch Canada, said it is "very likely" that the PDI would seek the transfer of the lawsuit to the US federal courts as a strategy "to escape" accountability.

If that happens, Coumans said in a press conference that the Canadian government could "step in" in behalf of the multinational company, allowing it to raise the issue of national sovereignty and assert jurisdiction over the case.

The Marinduque provincial government filed the lawsuit against the PDI last Oct. 4, seeking damages for the economic, health and environmental impact of the mine tailing spills in its Marcopper mining operations in the province.

The 55-page lawsuit was filed with the District Court of Clark County in Nevada.

"There are legal games to be played so lawyers should be knowledgeable of (US) and Canadian laws," Couman said.

Couman cited a case similar to the one filed by the Marinduque provincial government against the PDI.

She said the people of Sudan, a country in Africa, filed a human rights case against Talisman Oil, a Canadian oil company, years ago in a US district court.

Talisman Oil reportedly sought the transfer of the case to the US federal courts to enable the intervention of the Canadian government.

But the US district court invoked America’s Alien Torte’s Claims Act, which authorizes district courts to try foreign cases involving human rights violations, Coumans said.

"Sixty percent of the money of the international mining (sector is) raised in Canada… and we feel responsible that (Canadian companies) should be made accountable," Coumans said.

Mining Watch Canada tracks the environmental and social impact of Canadian mining operations worldwide as well as the mining companies that come to Canada.

"Filipino lawyers are good; we might not have any problem with them. But they are up against a multinational company which not only has a huge clout financially but politically as well," Coumans said.

Coumans said court battles with multinational companies are not only exhausting, but "financially hurting," too.

She said some $100,000 is spent in legal fees monthly "when you go up against a company like Placer Dome."

"Mining Watch Canada is very supportive of the case filed in Nevada. However, this might be the last chance if we would consider the length of time since the disaster took place and... the prescribed period in the law," Coumans said.

It has been 30 years since the mine tailings dumping in Calancan Bay in Marinduque, and 12 years — on Dec. 6 — since the Mogpog dam leakage. The 10th year of the Boac River disaster will be marked next year.