Category Archives: Markets

Nuclear Energy and the Supplies of Uranium: 2013

Uranium is poised to rebound from a second annual decline as Japan considers restarting its atomic plants almost two years after the Fukushima disaster and China pushes ahead with the world’s biggest nuclear building program…A revival in demand from Japan is raising the prospect that supplies of the radioactive metal will shrink at the same time as China continues with a project to increase its nuclear power capacity at least fivefold by 2020. That’s a boost for uranium producers such as Perth, Australia-based Paladin (PDN) Energy Ltd. It’s also a blow for liquefied natural gas exporters including Qatar and Australia, which have helped plug Japan’s power shortage since the earthquake that led to the meltdown at the Fukushima Dai-Ichi plant in March 2011.,,,

The uranium forecasts for 2013 ranged from $45 to $62.60 a ton in the Bloomberg survey conducted Dec. 10 to Dec. 19. That compares with a three-year high of $73 in February 2011, according to data from Roswell, Georgia-based Ux Consulting, which advises the nuclear industry. The fuel averaged $56.80 in 2011 and was $43 a pound on Jan. 3.  The price plunged as low as $49.75 a ton in March 2011 after Japan’s biggest earthquake on record and a subsequent tsunami damaged reactors at the Fukushima site run by Tokyo Electric Power Co. (9501), releasing radiation and causing the evacuation of 160,000 people. The government responded to the disaster by keeping all 54 of the nation’s then-functioning atomic plants shut after safety checks, while countries from China to France reviewed their nuclear policies and Germany said it would close its facilities….

Speculation that uranium demand will rebound has grown since Dec. 16, when Japan’s Liberal Democrat Party won a landslide election victory. The previous administration of the Democratic Party of Japan, which ordered the shutdowns, planned to phase out nuclear power by the end of the 2030s…

Stockmarket investors have been betting that the resumptions will occur and boost uranium demand just as China pushes on with plans to build at least 26 new reactors. At the same time, analysts are predicting a drop in the price of LNG as Japan’s utilities seek to reduce their electricity-generation costs by switching back to nuclear.

Paladin, which operates two uranium mines in Africa and has exploration assets in Australia, rose 22 percent in Sydney in the two days through Dec. 18. Energy Resources of Australia Ltd. (ERA), whose Ranger mine in the Northern Territory produces about 10 percent of the world’s mined uranium, advanced 13 percent over the same period. Australia has the world’s largest known deposits of the fuel, according to the World Nuclear Association.

The cost of Japan’s LNG imports almost doubled in the past three years, reaching a record $18.07 per million Btu in July, according to Finance Ministry data. Purchases for the first 11 months of last year increased 11.5 percent from the same period in 2011 to a record 79.5 million tons, according to data from the ministry….The country must restart reactors quickly because of the price of fossil fuels, LDP General Council Chairman Hiroyuki Hosoda said Nov. 27.

Ben Sharples. Uranium Rebound Seen as Japan Considers Nuclear: Energy Markets, Bloomberg, Jan. 4, 2012

Bank Secrecy: Wegelin

Wegelin & Co, the oldest Swiss private bank, said on Thursday it would shut its doors permanently after more than 2 1/2 centuries, following its guilty plea to charges of helping wealthy Americans evade taxes through secret accounts.  The plea, in U.S. District Court in Manhattan, marks the death knell for one of Switzerland’s most storied banks, whose original European clients pre-date the American Revolution. It is also potentially a major turning point in a battle by U.S. authorities against Swiss bank secrecy.  A major question was left hanging by the plea: Has the bank turned over, or does it plan to disclose, names of American clients to U.S. authorities?.. Wegelin admitted to charges of conspiracy in helping Americans evade taxes on at least $1.2 billion for nearly a decade. Wegelin agreed to pay $57.8 million to the United States in restitution and fines. Otto Bruderer, a managing partner at the bank, said in court that “Wegelin was aware that this conduct was wrong.”  He said that “from about 2002 through about 2010, Wegelin agreed with certain U.S. taxpayers to evade the U.S. tax obligations of these U.S. taxpayer clients, who filed false tax returns with the IRS.”..

The surprise plea effectively ended the U.S. case against Wegelin, one of the most aggressive bank crackdowns in U.S. history.  “Once the matter is finally concluded, Wegelin will cease to operate as a bank,” Wegelin said in a statement on Thursday from its headquarters in the remote, small town of St. Gallen next to the Appenzell Alps near the German-Austrian border.  But the fate of three Wegelin bankers, indicted in January 2012 on charges later modified to include the bank, remains up in the air. Under criminal procedural rules, the cases of the three bankers – Michael Berlinka, Urs Frei and Roger Keller – are still pending.,

Although Wegelin had about a dozen branches, all in Switzerland, at the time of its indictment, it moved quickly to wind down its business, partly through a sale of its non-U.S. assets to regional Swiss bank Raiffeisen Gruppe.….Wegelin, a partnership of Swiss private bankers, was already a shadow of its former self – it effectively broke itself up following the indictment last year by selling the non-U.S. portion of its business.

Dozens of Swiss bankers and their clients have been indicted in recent years, following a 2009 agreement by UBS AG (UBSN.VX), the largest Swiss bank, to enter into a deferred-prosecution agreement, turn over 4,450 client names and pay a $780 million fine after admitting to criminal wrongdoing in selling tax-evasion services to wealthy Americans…Banks under U.S. criminal investigation in the wider probe include Credit Suisse, which disclosed last July it had received a target letter saying it was under a grand jury investigation…Zurich-based Julius Baer and some cantonal, or regional, banks are also under scrutiny, sources familiar with the probes previously told Reuters. So are UK-based HSBC Holdings (HSBA.L) and three Israeli banks, Hapoalim, Mizrahi-Tefahot Bank Ltd and Bank Leumi (LUMI.TA), sources also said previously.

Under its plea, Wegelin agreed to pay the $20 million in restitution to the IRS as well a civil forfeiture of $15.8 million, the Justice Department said.  Wegelin also agreed to pay an additional $22.05 million fine, the Justice Department said. U.S. District Judge Jed Rakoff, who must approve the monetary penalties, set a hearing in the case for March 4 for sentencing.  Last year, the U.S. government separately seized more than $16 million of Wegelin funds in a UBS AG account in Stamford, Connecticut, via a civil forfeiture complaint.  Since Wegelin has no branches outside Switzerland, it used UBS for correspondent banking services, a standard industry practice, to handle money for U.S.-based clients.  n court papers, Bruderer said that Wegelin “believed it would not be prosecuted in the United States for this conduct because it had no branches or offices in the United States and because of its understanding that it acted in accordance with, and not in violation of, Swiss law and that such conduct was common in the Swiss banking industry.”

The case is U.S. v. Wegelin & Co et al, U.S. District Court, Southern District of New York, No. 12-cr-00002.

Excerpts, Nate Raymond and Lynnley Browning, Swiss bank Wegelin to close after guilty plea, Reuters, Jan. 4, 2013

Nuclear Protesters and the Establishment: Japan

Eight million people signed an Internet petition demanding an end to nuclear power and hundreds of thousands joined public protests. Yet Japan handed an election landslide to the most pro-atomic option on offer.  Anti-nuclear activists have been left licking their wounds after the first national poll since the tsunami-sparked disaster at Fukushima saw an apparent melting away of public anger as the country welcomed back the establishment…

The Liberal Democratic Party bagged 294 of the 480 seats in the lower house, crushing their opponents, the biggest of which won only 57 seats.  Where smaller parties offered an end to nuclear power — immediately, over ten years, or within three decades — the LDP pledged only to “decide” on reactor restarts within three years.

Commentators say the pro-business party is likely to give the green light to power companies. Markets agree, with shares in Fukushima operator Tokyo Electric Power (TECPO) surging around 50 percent in two days after the win.  The problem, said the left-leaning Asahi Shimbun newspaper, was that other issues trumped nuclear; voters were frustrated with Japan’s economic malaise, huge public debts, fragile employment and diplomatic friction with China.  The public were looking for a way to punish the ruling Democratic Party of Japan for its policy failures…In fact, says the Asahi, the anti-nuclear vote was almost completely neutralised because of the fragmentation caused by this mushrooming of parties.

Excerpts from Hiroshi Hiyama, Japan anti-nuclear vote melts away, Agence France Presse, Dec. 23, 2012

Nigeria and the Oil Companies: the ECOWAS Judgment

Amnesty International and Socio-Economic Rights and Accountability Project (SERAP) have hailed last [Economic Community of West African States] ECOWAS Court of Justice ground-breaking judgment as a “key moment in holding governments and companies to account for pollution.”  In the case, SERAP v. Nigeria, the Court unanimously found the Nigerian government responsible for abuses by oil companies and makes it clear that the government must hold the companies and other perpetrators to account.

The Court also found that Nigeria violated articles 21 (on the right to natural wealth and resources) and 24 (on the right to a general satisfactory environment) of the African Charter on Human and Peoples’ Rights by failing to protect the Niger Delta and its people from the operations of oil companies that have for many years devastated the region.  According to the Court, the right to food and social life of the people of Niger Delta was violated by destroying their environment, and thus destroying their opportunity to earn a living and enjoy a healthy and adequate standard of living. The Court also said that both the government and the oil companies violate the human and cultural rights of the people in the region.

The Court ruled that the government’s failure to enact effective laws and establish effective institutions to regulate the activities of the companies coupled with its failure to bring perpetrators of pollution “to book” amount to a breach of Nigeria’s international human rights obligations and commitments.  The Court emphasized that “the quality of life of people is determined by the quality of the environment. But the government has failed in its duty to maintain a general satisfactory environment conducive to the development of the Niger Delta region”.

“This judgment confirms the persistent failure of the Nigerian government to properly and effectively punish oil companies that have caused pollution and perpetrated serious human rights abuses, and is an important step towards accountability for government and oil companies that continue to prioritise profit-making over and above the well-being of the people of the region,” said Femi Falana SAN, and Adetokunbo Mumuni for SERAP.  “This is a crucial precedent that vindicates the human right to a healthy environment and affirms the human right of the Nigerian people to live a life free from pollution. It also makes it clear that the government must hold the oil companies to account,” said Michael Bochenek, Director of Law and Policy at Amnesty International.  “The judgment makes it clear that the Nigerian government has failed to prevent the oil companies causing pollution. It is a major step forward in holding the government and oil companies accountable for years of devastation and deprivation.” said Bochenek.

The court affirmed that the government must now move swiftly to fully implement the judgment and restore the dignity and humanity of the people of the region.

“The judgment has also come at a time when oil is being discovered in the majority of the member states of the ECOWAS. It is vital that other states take heed of this judgement, which has laid down minimum standards of operations for government and oil companies involved in the exploitation of oil and gas in the region,” Falana and Mumuni also said.  “The time has come for the Nigerian government to stand up to powerful oil companies that have abused the human rights of the people of the Niger Delta with impunity for decades,” said Bochenek.  “We commend the ECOWAS Court for standing up for the rights and dignity of the people of the Niger Delta. We also acknowledge the important legal contribution of Dr Kolawole Olaniyan of Amnesty International, to the case,” said Falana and Mumuni.

he case was filed against the Federal Government and six oil companies over alleged violation of human rights and associated oil pollution in the Niger Delta. Specifically, the plaintiff alleged: “Violations of the right to an adequate standard of living, including the right to food, to work, to health, to water, to life and human dignity, to a clean and healthy environment; and to economic and social development – as a consequence of: the impact of oil-related pollution and environmental damage on agriculture and fisheries.”  SERAP also alleged “oil spills and waste materials polluting water used for drinking and other domestic purposes; failure to secure the underlying determinants of health, including a healthy environment, and failure to enforce laws and regulations to protect the environment and prevent pollution.”

The Court dismissed the government’s objections that SERAP had no locus standi to institute the case; that the ECOWAS Court had no jurisdiction to entertain it; and that the case was statute-barred. The Court also rejected efforts by the government to exclude a 2009  Amnesty International report on oil pollution from being considered. The report was based on an in-depth investigation into pollution caused by the international oil companies, in particular Shell, and the failure of the government of Nigeria to prevent pollution or sanction the companies.

The suit number ECW/CCJ/APP/08/09 was argued by SERAP counsel, Femi Falana SAN, Adetokunbo Mumuni and Sola Egbeyinka.  The judgment was delivered by a panel of 6 judges: Justice Awa Nana Daboya, Justice Benefeito Mosso Ramos, Justice Hansine Donli, Justice Alfred Benin, Justice Clotilde Medegan and Justice Eliam Potey.

Article 15(4) of the ECOWAS Treaty makes the Judgment of the Court binding on Member States, including Nigeria. Also, Article 19(2) of the 1991 Protocol provides that the decisions of the Court shall be final and immediately enforceable. Furthermore, non-compliance with the judgment of the Court can be sanctioned under Article 24 of the Supplementary Protocol of the ECOWAS Court of Justice, and Article 77 of the ECOWAS Treaty.

SERAP Press Release, December 2012

See also decision of the ECOWAS Community Court on Jurisdiction

The Flight of Gold: what Afghanistan, China and Iran have in common

Packed into hand luggage and tucked into jacket pockets, roughly hewed bars of gold are being flown out of Kabul with increasing regularity, confounding Afghan and American officials who fear money launderers have found a new way to spirit funds from the country.  Most of the gold is being carried on commercial flights destined for Dubai, according to airport security reports and officials. The amounts carried by single couriers are often heavy enough that passengers flying from Kabul to the Persian Gulf emirate would be well advised to heed warnings about the danger of bags falling from overhead compartments. One courier, for instance, carried nearly 60 pounds of gold bars, each about the size of an iPhone, aboard an early morning flight in mid-October, according to an airport security report. The load was worth more than $1.5 million.

The gold is fully declared and legal to fly. Some, if not most, is legitimately being sent by gold dealers seeking to have old and damaged jewelry refashioned into new pieces by skilled craftsmen in the Persian Gulf, said Afghan officials and gold dealers.  But gold dealers in Kabul and current and former Kabul airport officials say there has been a surge in shipments since early summer. The talk of a growing exodus of gold from Afghanistan has been spreading among the business community here, and in recent weeks has caught the attention of Afghan and American officials. The officials are now puzzling over the origin of the gold — very little is mined in Afghanistan, although larger mines are planned — and why so much appears to be heading for Dubai.

“We are investigating it, and if we find this is a way of laundering money, we will intervene,” said Noorullah Delawari, the governor of Afghanistan’s central bank. Yet he acknowledged that there were more questions than answers at this point. “I don’t know where so much gold would come from, unless you can tell me something about it,” he said in an interview. Or, as a European official who tracks the Afghan economy put it, “new mysteries abound” as the war appears to be drawing to a close.

Figuring out what precisely is happening in the Afghan economy remains as confounding as ever. Nearly 90 percent of the financial activity takes place outside formal banks. Written contracts are the exception, receipts are rare and statistics are often unreliable. Money laundering is commonplace, say Western and Afghan officials.  As a result, with the gold, “right now you’re stuck in that situation we usually are: is there something bad going on here or is this just the Afghan way of commerce?” said a senior American official who tracks illicit financial networks.

There is reason to be suspicious: the gold shipments track with the far larger problem of cash smuggling. For years, flights have left Kabul almost every day carrying thick wads of bank notes — dollars, euros, Norwegian kroner, Saudi Arabian riyals and other currencies — stuffed into suitcases, packed into boxes and shrink-wrapped onto pallets. At one point, cash was even being hidden in food trays aboard now-defunct Pamir Airways flights to Dubai.

Last year alone, Afghanistan’s central bank says, roughly $4.5 billion in cash was spirited out through the airport. Efforts to stanch the flow have had limited impact, and concerns about money laundering persist, according to a report released last week by the United States Special Inspector General for Afghanistan Reconstruction.  The unimpeded “bulk cash flows raise the risk of money laundering and bulk cash smuggling — tools often used to finance terrorist, narcotics and other illicit operations,” the report said. The cash, and now the gold, is most often taken to Dubai, where officials are known for asking few questions. Many wealthy Afghans park their money and families in the emirate, and gold dealers say more middle-class Afghans are sending money and gold — seen as a safeguard against economic ruin — to Dubai as talk of a postwar economic collapse grows louder. But given Dubai’s reputation as a haven for laundered money, an Afghan official said that the “obvious suspicion” is that at least some of the apparent growth in gold shipments to Dubai is tied to the myriad illicit activities — opium smuggling, corruption, Taliban taxation schemes — that have come to define Afghanistan’s economy.

There are also indications that Iran could be dipping into the Afghan gold trade. It is already buying up dollars and euros here to circumvent American and European sanctions, and it may be using gold for the same purpose.  Yahya, a dealer in Kabul, said other gold traders were helping Iran buy the precious metal here. Payment was being made in oil or with Iranian rials, which readily circulate in western Afghanistan. The Afghan dealers are then taking it to Dubai, where the gold is sold for dollars. The money is then moved to China, where it was used to buy needed goods or simply funneled back to Iran, said Yahya, who like many Afghans uses a single name.

Excerpt, MATTHEW ROSENBERG, An Afghan Mystery: Why Are Large Shipments of Gold Leaving the Country?, NY Times, Dec. 15, 2012

Another War to Save the Rhino

Retired SA Army Major General Johan Jooste was this week unveiled as the man who will be in overall command of the Kruger national park’s (located in South Africa) efforts to for once and all stop rhino poaching.  So far this year 381 rhino have been killed by poachers in Kruger, well over half the national loss of 618.  Jooste… was his usual straightforward self when commenting on the new task.  “I am no messiah. What I am is a proven leader as well as a team player…The battle lines have been drawn and now the team and I are going to work hard to push back poachers.  It is a fact that South Africa as a sovereign country is under attack by armed foreign nationals. This can be seen as a declaration of war. We are going to take the war to these bandits and we aim to win it,” the highly decorated and respected retired two-star general said in Skukuza.  SANParks chief executive Dr David Mabunda who is on record as saying the country was engaged in “a low intensity war” against poachers, said the arrival of Jooste in Kruger was another indication of the high priority the national conservation agency was giving to the scourge of rhino poaching.  “We are fully aware we will never be able to put a ranger behind every rhino. That’s why we are developing modern and innovative ways of protecting rhino against a well-organised onslaught.”

Jooste’s appointment is in line with SANParks multi-pronged approach to rhino poaching including a single operations command. He brings with him experience in military intelligence, border and area protection as well as contemporary knowledge of modern military technology, its use and integration at operational level as well as conservation knowledge.

Kim Helfric, War on rhino poaching intensifies as general joins the fray, The NewAge, Dec. 13, 2012

The Battery of Europe – Swiss hydroelectricity is not Green

Swiss energy companies are determined to turn the country into a ‘battery for Europe’. Vast investments are made in big-scale water power projects. But it is not certain they will eventually pay off.  With the decision for a nuclear shutdown, the spotlight in Switzerland and Germany has switched to renewable energy sources. In Germany there’s a massive boost to solar and wind energy production, while Switzerland’s energy companies focus on increasing their storage capacities in the Alps.  About 11 percent of Europe’s electricity flows through Switzerland. The Swiss electricity industry stresses the advantages of the country’s central location in Europe and its topography. On the European energy map, Swiss mountain lakes could function as a huge battery for unsteadily generated renewable energy, and generate high revenues.

Natural and artificial mountain lakes are an essential component of Switzerland’s energy supply. Water power makes up 57 percent of the country’s electricity production. Some of these lakes aren’t just natural water reservoirs though, but serve as basins for pumped-storage hydro power plants (PSPs).  The system is simple and has long been a good business. Throughout the day, cheap, spare electricity is bought on the market and then used to pump water from a lower reservoir to a basin further up the mountain. At times when demand for electricity is high, stored water is released and drives turbines that produce electricity, which can then be sold on the market for a higher price.  Currently, 11 such plants are running in Switzerland with a combined 1400 megawatt capacity. Three other projects are under construction, to increase Swiss pumped-storage capacity to 3500 megawatts by 2017. Two more PSPs are being planned: ‘Grimsel 3′ at the Grimsel Pass in the Bernese Alps and ‘Lago Bianco’ at the Bernina Pass in Grisons.

“The symbiosis between nature and technology has defined the character of this landscape,” writes the Grimsel region’s tourism agency. Ernst Baumberger, press officer at the regional energy company KWO looks at Grimsel through two lenses: while praising the region’s beauty, Baumberger points out that a plenty of precipitation, glaciation, rock as building ground and the immense altitude difference make it ideal for water power use. KWO put its first power plant at Grimsel in operation 80 years ago.  The company recently was licenced to implement its 1.2 billion Swiss francs project ‘KWOplus’, including the construction of a second PSP (‘Grimsel 3′). The plant will have a 660 megawatt capacity, which is about the power of an average Swiss nuclear plant. The plan is controversial, both politically and economically.

“Switzerland doesn’t need any additional PSPs. There’s neither a lack of batteries, nor a grid stability problem,” argues Jürg Buri, managing director of the Swiss Energy Foundation (SES). He says that no country operates as many flexible power stations as Switzerland….Environmental organisations say that mainly cheap electricity from coal and nuclear plants is used for the pumping and that during the process, about a quarter of the energy is lost. Even worse, at windy times, PSPs keep coal and nuclear plants running.  There’s nothing green about pumped-storage hydroelectricity anyway. “If today’s PSPs were supplied with clean energy, that business would be unprofitable,” Buri says. “The revenues of the peak current wouldn’t make up for the purchase price and the energy lost for pumping.”

According to the licence, KWO is obliged to run Grimsel 3 with as much renewable energy as “economically and technically possible.” No fixed share was defined however. KWO’s Baumberger stresses that in the long term, the company’s PSPs should run solely with green electricity. “However, the primary criteria will remain the profitability,” he adds.  While the energy company praises Grimsel 3 as an important contribution to the security of energy supply for the country, Jürg Buri claims that the pumped-storage business further strains transmission lines. “In fact, to run Grimsel 3, even more lines would have to be built, something which people often forget about….

The Swiss Association for Water Management (SWV) views investments in PSPs as risky and their profitability as volatile. At the Bernische Kraftwerke (BKW), which holds half of KWO’s shares and manages electricity trade, the media officer declines to comment on the prospects of pumped-storage hydroelectricity…

In contrast to environmental organisations, KWO’s Baumberger remains optimistic. He stresses that in the light of booming wind and solar energy in Europe, the demand for further storage capacities will grow. “What Switzerland so far offers in terms of energy storage is nothing but a drop in the ocean.”  While opinions on the future of Swiss pumped-storage hydroelectricity differ sharply, one thing seems sure: the industry’s prospects lie in the hands of European, not Swiss politicians and businessmen.

Excerpts from Ray Smith, Swiss Battery May Lose Power, IPS, Dec. 8, 2012

Coerced Transparency: Leaked Climate Change Report

The fifth assessment report (AR5) by the Intergovernmental Panel on Climate Change, which is not due to be published in full until September 2013, was uploaded onto a website called Stop Green Suicide on Thursday and has since been mirrored elsewhere on the internet.  The IPCC, which confirmed the draft is genuine, said in a statement: “The IPCC regrets this unauthorized posting which interferes with the process of assessment and review. We will continue not to comment on the contents of draft reports, as they are works in progress.”

A little-known US-based climate sceptic called Alex Rawls, who had been accepted by the IPCC to be one of the report’s 800 expert reviewers, admitted to leaking the document. In a statement posted online, he sought to justify the leak: “The addition of one single sentence [discussing the influence of cosmic rays on the earth’s climate] demands the release of the whole. That sentence is an astounding bit of honesty, a killing admission that completely undercuts the main premise and the main conclusion of the full report, revealing the fundamental dishonesty of the whole.”  Climate sceptics have heralded the sentence – which they interpret as meaning that cosmic rays could have a greater warming influence on the planet than mankind’s emissions – as “game-changing”.

The isolation by climate sceptics of one sentence in the 14-chapter draft report was described as “completely ridiculous” by one of the report’s lead authors. Prof Steve Sherwood, a director of the Climate Change Research Centre at the University of New South Wales, told ABC Radio in Australia: “You could go and read those paragraphs yourself and the summary of it and see that we conclude exactly the opposite, that this cosmic ray effect that the paragraph is discussing appears to be negligible … It’s a pretty severe case of [cherry-picking], because even the sentence doesn’t say what [climate sceptics] say and certainly if you look at the context, we’re really saying the opposite.”  The leaked draft “summary for policymakers” contains a statement that appears to contradict the climate sceptics’ interpretation.  It says: “There is consistent evidence from observations of a net energy uptake of the earth system due to an imbalance in the energy budget. It is virtually certain that this is caused by human activities, primarily by the increase in CO2 concentrations. There is very high confidence that natural forcing contributes only a small fraction to this imbalance.”  By “virtually certain”, the scientists say they mean they are now 99% sure that man’s emissions are responsible. By comparison, in the IPCC’s last report, published in 2007, the scientists said they had a “very high confidence” – 90% sure – humans were principally responsible for causing the planet to warm.

Richard Betts, a climate scientist at the Met Office Hadley Centre and an AR5 lead author, tweeted that the report is still a draft and could well change: “Worth pointing out that the wording in the leaked IPCC WG1 [working group 1, which examines the “physical science basis” of climate change] draft chapters may still change in the final versions, following review comments.”  Bob Ward, policy and communications director at the Grantham Research Institute on Climate Change and the Environment at London School of Economics and Political Science, said that Rawls appeared to have broken the confidentiality agreement signed by reviewers: “As a registered reviewer of the IPCC report, I condemn the decision by a climate change sceptic to violate the confidentiality of the review process. The review of the IPCC report is being carried out in line with the principles of peer review which operate throughout academic science, including an expectation of high standards of ethical behaviour by reviewers. It is disappointing, if not surprising, that climate change sceptics have been unable to meet these high standards of ethical behaviour.”

The IPCC, which publishes a detailed synthesis of the latest climate science every seven years to help guide policy makers, has experienced leaks before. In 2000, the third assessment report was leaked to the New York Times, while the fourth assessment report was published in 2006 by the US government a year ahead of its official publication.

Prof Bill McGuire, Professor of Geophysical & Climate Hazards at University College London and contributing author on the recent IPCC report on climate change and extreme events, said that sceptics’ reading of the draft was incorrect: “Alex Rawls’ interpretation of what IPCC5 says is quite simply wrong. In fact, while temperatures have been ramping up in recent decades, solar activity has been pretty subdued, so any interaction with cosmic rays is clearly having minimal – if any – effects. IPCC AR5 reiterates what we can be absolutely certain of: that contemporary climate change is not a natural process, but the consequence of human activities.”

Prof Piers Forster, Professor of Climate Change at the University of Leeds, said: “Although this may seem like a ‘leak’, the draft IPCC reports are not kept secret and the review process is open. The rationale in not disseminating the findings until the final version is complete, is to try and iron out all the errors and inconsistencies which might be inadvertently included. Personally, I would be happy if the whole IPCC process were even more open and public, and I think we as scientists need to explore how we can best match the development of measured critical arguments with those of the Twitter generation.”

Landmark climate change report leaked online, Guardian, Dec. 14,2012

Turning Turkey into an Illegal Nuclear Dump: the evidence

Amid growing public concern about the discovery of radioactive waste buried at an abandoned factory in Izmir (Turkey), experts have pointed out to the possibility that there could be other sites with nuclear waste imported illegally into Turkey from foreign companies that operate nuclear plants.Public concerns about radioactive and other toxic waste began after a news report appeared in the Radikal daily last week about the discovery of highly radioactive waste buried at a defunct factory on Akçay Street, the main thoroughfare running through Izmir’s Gaziemir district. The Turkish Atomic Energy Agency (TAEK), which was assigned to test the plant on Tuesday, stated that the radioactive level at the site did not constitute a dangerous situation, but they didn’t address concerns about a radioactive material that might have been brought into Turkey illegally.   The factory, situated on more than 70 acres, used old batteries and scrap lead to produce cast lead until just a few years ago.

In relation to the inspection, a former senior manager of the Izmir factory, speaking on condition of anonymity to Radikal on Thursday, confirmed the fact that the toxic waste of the factory was buried on the site in an effort to save money by not sending the waste for proper disposal. However, he didn’t comment on the possibility of nuclear materials being brought in illegally.  It was also reported that locals, particularly children playing in the vicinity, had access to the plant as the wire fencing around the factory had corroded over time.

Radikal reported that TAEK had examined the site of the factory in 2007. A radioactive substance called europium, an illegally imported element used in nuclear reactor control rods, found on the site is thought to be the source of the radioactivity, a report from TAEK showed.  A nuclear engineer at Okan University, Tolga Yarman said the radioactive element could have entered the country along with other nuclear waste, as it was illegal to keep this substance in Turkey. In fact, other sites where nuclear waste was buried have been discovered. A similar case was reported in 1987 by Professor Ahmet Yüksel Özemre, a former general director of TAEK and Turkey’s first nuclear engineer….”The ministry should have ideal staffing levels to work more closely on the detection of nuclear waste cases by complying with European Union standards, and a control mechanism should be part of this improvement,” said Ministry of Environment and Urban Planning Deputy Undersecretary Mustafa Öztürk.  Professor Öztürk warned about tons of toxic waste which is illegally buried at many other plants in different provinces around Turkey.  “Toxic waste can only be kept on site at a plant for six months provided that plant authorities take the necessary environmental precautions, and the waste should be moved to disposal centers at the end of the period stated by law. However, plants keep running while their waste is buried in the soil without taking any precautions. This is the case for many provinces, including Istanbul, Samsun, Hatay, Kayseri and Mersin,” answered Öztürk to a question about the legal regulations regarding the conservation and disposal of toxic waste.

A similar case was reported in 1987 by Professor Özemre, who received an anonymous tip that 1,150 tons of radioactive waste, which were imported from Germany, had been buried on the site of the Göltas cement factory in Isparta, a province in southwest Turkey. Özemre had also asserted, in a written document and on several television news programs, that a flour factory in Konya had burned 800 tons of toxic waste on its site in order to generate energy.  He further noted that he would not have given credit to this anonymous tip about the nuclear waste cases in Isparta and Konya if he himself had not received a similar proposal from a German firm who offered him 40 million Deutsche Mark in return for burying 4,000 tons of radioactive waste while he served as the director of TAEK. Özemre asserted that when he did not accept the German firm’s proposal, stating that he “would not let Turkey turn into a nuclear landfill,” the firm told him that the toxic waste would be buried in Turkey one way or another.

A research commission was assigned by the Turkish Parliament to check into the claim that illegal nuclear waste was buried around Isparta and had been burned in Konya. The conclusion of the commission, published in the form of general meeting minutes in 1997, showed that the factory sites did not include radioactive elements.

Excerpt, Izmir Factory Scandal Causes Concern Over Nuclear Waste Elsewhere, http://www.haberler.com, Dec. 9, 2012

The Arctic Challenger: ready for Arctic oil spills

Shell Oil has been building and testing equipment designed for the Arctic Ocean in Puget Sound, Seattle, United States.  In September, a key test of underwater oil-spill equipment was a spectacular failure.  It forced the energy giant to postpone drilling into oil-bearing rocks beneath the Arctic Ocean until next summer. Shell and its federal regulators have been tight-lipped about the failed test.  But a freedom-of-information request reveals what happened beneath the surface of Puget Sound.

Before Shell can drill for oil in the Arctic Ocean, it needs to prove to federal officials that it can clean up a massive oil spill there. That proof hinges on a barge being built in Bellingham called the Arctic Challenger.  The barge is only one component of Shell’s plans for handling oil spills off the remote north coast of Alaska. But the Obama Administration won’t let oil drilling get under way until the 36-year-old barge and its brand new oil-spill equipment are in place,  On board the Arctic Challenger is a massive steel “containment dome.” It’s a sort of giant underwater vacuum cleaner. If efforts to cap a blown-out well don’t work, the dome can capture spewing oil and funnel it to a tanker on the surface.

The Arctic Challenger passed several US Coast Guard tests for seaworthiness in September. But it was a different story when its oil-spill containment system was put to the test in 150-foot-deep water near Anacortes, Washington.  The federal Bureau of Safety and Environmental Enforcement required the test of the oil-spill system.

According to BSEE internal emails obtained by KUOW, the containment dome test was supposed to take about a day. That estimate proved to be wildly optimistic.

•Day 1: The Arctic Challenger’s massive steel dome comes unhooked from some of the winches used to maneuver it underwater. The crew has to recover it and repair it.

•Day 2: A remote-controlled submarine gets tangled in some anchor lines. It takes divers about 24 hours to rescue the submarine.

•Day 5: The test has its worst accident. On that dead-calm Friday night, Mark Fesmire, the head of BSEE’s Alaska office, is on board the Challenger. He’s watching the underwater video feed from the remote-control submarine when, a little after midnight, the video screen suddenly fills with bubbles. The 20-foot-tall containment dome then shoots to the surface. The massive white dome “breached like a whale,” Fesmire e-mails a colleague at BSEE headquarters.

Then the dome sinks more than 120 feet. A safety buoy, basically a giant balloon, catches it before it hits bottom. About 12 hours later, the crew of the Challenger manages to get the dome back to the surface. “As bad as I thought,” Fesmire writes his BSEE colleague. “Basically the top half is crushed like a beer can.”

Representatives of Shell Oil and of BSEE declined to answer questions or allow interviews about the mishaps. In an email, Shell spokeswoman Kelly op de Weegh writes:  Our internal investigation determined the Arctic Challenger’s dome was damaged when it descended too quickly due to a faulty electrical connection, which improperly opened a valve. While safety systems ensured it did not hit the bottom, buoyancy chambers were damaged from the sudden pressure change.

Environmental groups say the Arctic Challenger’s multiple problems show that Shell isn’t prepared for an Arctic oil spill.

Excerpt, By John Ryan, Sea Trial Leaves Shell’s Arctic Oil-Spill Gear “Crushed Like A Beer Can”, Kuow.org. Nov. 30, 2012

Who is the Master of Mastercard? credit card blockades

A blockade on WikiLeaks payments processor DataCell by Visa, MasterCard and American Express is unlikely to violate EU competition rules.  MasterCard, Visa and American Express, among others, stopped processing payments for WikiLeaks when it started releasing about 250,000 secret US diplomatic cables in 2010. This made it hard to raise funds, and WikiLeaks has said the blockade resulted in a 95 percent donations reduction, which cost the organisation more than US$50 million.

DataCell, the company that processed WikiLeaks donations until the blockade started, last year filed a complaint with the European Commission, suggesting the blockade is a violation of European competition rules.  The Commission, however, does not think that is the case. “On the basis of the information available, the Commission considers that the complaint does not merit further investigation because it is unlikely that any infringement of EU competition rules could be established,” an official of the European Commission said in an email on Tuesday.

he Commission said it looked at the impact of the blockade on DataCell and at the impact on the markets in which it operates. “It appears that DataCell is not prevented from accepting card payments for its own services or for the benefit of other parties; it is only payments for the benefit of WikiLeaks that DataCell cannot process. It seems unlikely that this would lead to harmful effects to competition and to consumers on the payment services markets concerned,” the official said.  It is unclear when the Commission will issue a final decision. “We never announce that in advance,” the official said.

WikiLeaks’ founder, Julian Assange, was displeased with the news. “These companies should not have the power to impose an economic death penalty,” he said during a news conference that was available via a live video link in Brussels. Assange is in self-imposed political asylum in the Ecuadorian embassy in London to avoid being extradited to Sweden, where he is wanted for questioning related to accusations of committing sexual offenses…

While the European Commission is unlikely to decide the payment blockade against WikiLeaks violates competition laws, the European Parliament last week called for legislation to regulate credit card companies’ ability to refuse service to organizations such as WikiLeaks. The Parliament voted in favor of a text that “considers it to be in the public interest to define objective rules describing the circumstances and procedures under which card payment schemes may unilaterally refuse acceptance.” [see European Parliament resolution of 20 November 2012 on ‘Towards an integrated European market for card, internet and mobile payments’ (2012/2040(INI))

“Visa can set the rules of the market”  The Commission will be asked to consider the text for laws limiting the rights of credit card companies to refuse service.  “The Commission’s assessment to not even investigate is in total opposite direction of the political will,” said Andreas Fink, CEO of DataCell, in an email. Fink read the preliminary report send to him by the Commission.

“It basically sounds like they were hunting for an excuse to not have to investigate it,” he said. The Commission essentially reasoned that one less small player in the market doesn’t change the market mechanics, while the intention of competition rules is to avoid powerful, monopoly-like players like Visa dictating to the market, Fink said…. adding that when Visa ordered service providers to stop DataCell payments to WikiLeaks in Iceland, MasterCard and American Express transactions were automatically canceled as well.  “So Visa can set the rules of the market,” dictating to other credit card companies, Fink said. “This is competition control at its finest,” he said, calling the situation “absurd.”

Credit card blockade of WikiLeaks donations likely to be legal, EU says, Computerworld, UK, Nov. 28, 2012

Oil Sands of Canada

Canada’s oil sands contain some 170 billion barrels of oil that can be recovered economically with today’s technology (and perhaps ten times that in total). Canada thus has the world’s third-largest proven oil reserves, after Saudi Arabia and Venezuela. And since most oil-rich nations’ reserves are under state control, Canada has the largest reserves that private companies are free to invest in—more than half of the global total, reckons Ken Hughes, Alberta’s energy minister.

Other countries welcome the idea of plentiful energy from a stable democracy. It could reduce the rich world’s dependence on the Middle East. There are “no bribes or body bags”, grins an oil-industry booster. And the potential is immense. A new study by the Alberta Geological Survey estimates that the province has huge resources in its shale beds as well as its oil sands: 3,400 trillion cubic feet of natural gas and 420 billion barrels of oil—numbers comparable to America’s.  However, Canada’s output of 3.5m barrels of oil a day is less than half that of America. (America’s output is set to exceed Saudi Arabia’s; see article.) Several problems hobble Canadian energy: geology, capital, people and pipes.

First, geology. Canadian oil is hard to extract. It mostly comes in the form of bitumen, which is “hard as a hockey puck” at 10°C, as the Canadian Association of Petroleum Producers (CAPP), an industry body, puts it. If it is far below ground, it must be blasted with steam to make it flow, and then pumped out. This process (known as “steam-assisted gravity drainage”) was developed in Alberta. In the past decade, with high oil prices, it has made the oil sands economical to exploit. But precariously so: the best projects break even when oil is $30 a barrel, but many new ones need it to be $80 or more. (West Texas Intermediate is currently $85.)

Canada gets less than it should for its oil because it lacks enough pipelines. Environmentalists oppose them, arguing that pipes leak (which is always possible) and that Canada’s heavy oil causes more greenhouse-gas emissions than other oil (which is true, but not by much). President Barack Obama has delayed the approval of a pipeline called Keystone XL, which would move Canadian oil to America’s Gulf coast. A decision is expected soon.

Alex Pourbaix of TransCanada, the firm behind the Keystone pipeline, insists that the project will be good for both countries. Canada forgoes a fortune—perhaps $20 a barrel—because it cannot get its oil to the sea. Canadian gas sells at a discount, too: North American prices are far lower than those in Asia.  Another proposed pipeline, Northern Gateway, would carry oil to Canada’s west coast, whence it could be shipped to Asia. Canada would benefit from having a choice of customers. But the government of British Columbia, and various aboriginal groups, have yet to say yes.

To exploit its hydrocarbons, Canada needs capital: some $50 billion-60 billion a year, on recent trends. Such sums are “far more than Canadian capital markets can raise,” says Dave Collyer of the CAPP. Canada gets plenty of foreign investment: Syncrude, one of the biggest oil-sands developers, is a joint venture that includes American, Chinese and Japanese partners. But lately the country has grown frostier towards foreign capital.

In October Canada’s federal government temporarily blocked a $5.2 billion bid by Petronas, Malaysia’s state energy giant, for Progress Energy Resources, a Canadian natural-gas company. It has yet to approve a $15 billion offer by CNOOC, a Chinese state-owned firm, for Nexen, a Canadian oil-and-gas firm. A deadline passed last week; a decision may come next month. Mr Hughes says he is keen on foreign investment so long as foreign firms abide by the same rules as Canadians; but it is not up to the provincial government.

The other big bottleneck is human capital. Hardly anyone lives near the oil sands, so labour must be imported, from other parts of Canada and from abroad. People from 127 countries live in Fort McMurray, says Ken Chapman of the Oil Sands Developers’ Group. They speak 69 languages. The Walmart in town looks like the United Nations, except that all the shivering Africans are buying woolly hats. Mr Hughes expects to see a skills shortfall of 100,000 people in Alberta by 2017. Canada’s immigration rules are more liberal than America’s, but firms still gripe about delays. An Irish worker in Fort McMurray complains of having to fly to Calgary to sit a test of English proficiency. It’s her native language, and the test is online.

Companies poach staff from each other, bidding up labour costs. It would be easier to attract workers to Fort McMurray if the town were more liveable; a one-bedroom flat can cost $2,000 a month. To build more homes, however, the town must wrestle with provincial red tape—and also attract legions of builders, plumbers and electricians, all at inflated wages.

Working conditions in the oil sands are tough. Touch a metal pipe with your bare hand at minus 40 and it sticks. “It’s not for everybody,” shrugs an oil-firm boss. At remote work camps, companies provide hot food, warm cabins, broadband and squash courts. All this is costly. Many firms make equipment elsewhere and truck it in, so that fewer people have to toil in the cold. Some are hoping dramatically to raise the proportion of man-hours worked off-site.

With so many bottlenecks and a volatile oil price, firms are growing cautious. Suncor Energy and Canadian Natural Resources, among others, are putting new investments on hold. “It’s the uncertainty,” says Marcel Coutu, the boss of Canadian Oil Sands, a firm that owns 37% of Syncrude. “No one knows when or whether those pipelines will be built.”

Canadian energy: The sands of grime, Economist, Nov. 17, 2012, at 62

Wall Street Manipulation of Energy Markets

The U.S. Federal Energy Regulatory Commission (FERC) is taking on big banks for their questionable energy trade.  The Federal Energy Regulatory Commission has slammed Barclays (pdf) with a demand to pay $470 million in fines for allegedly manipulating electricity markets in the western US to benefit the bank’s financial swap positions from 2006 to 2008.  Messages and email exchanges between Barclays energy traders released earlier this month reflect their efforts to manipulate and cheat their way to profits. What’s more disturbing is the glee the Barclay’s traders took in manipulating the energy markets with a total disregard for the costs to consumers.

The Barclays traders’ own words are damning:

“I totally f**kked with the Palo mrkt today. . . . Was fun. Need to do that more often.”

The attitude expressed doesn’t get much clearer than that.

In another instant message, the same Barclays trader wrote, “I’m gonna try to crap on the NP light and it should drive the SP light lower.”

The response from his colleague: “That is fine.”

Enron’s energy traders could have written the Barclays’ traders’ scripts. Remember Enron traders gloating, “He just f—s California,” and “He steals money from California to the tune of about a million” a day?  Only the traders’ attitudes are more obscene than their language. So saturated in arrogance, the traders had no concern they might get caught — which makes it even better that they did.

Though FERC hasn’t historically had much to do with regulating Wall Street, that is changing. FERC now also is going after JPMorgan Chase (pdf) and Deutsche Bank  (pdf) on similar charges.  The Los Angeles Times reports that JP Morgan’s questionable trades in the power market in 2010 and 2011 may have cost California residents and businesses more than $200 million. The no-holds-barred pursuit of profiteering no matter what laws and regulations are violated or what the cost is to the public has become a hallmark of Wall Street from Enron to Barclays.

While Wall Street may not have gotten the message that Enron-esque conduct is wrong, it’s gratifying to see FERC step up to hold banks accountable using the power from a post-Enron law. The 2005 Energy Policy Act gave FERC the authority to prevent market manipulation in the energy markets.  Not only does FERC have the power to fine companies as much as $1 million a day per violation, but it also has the ultimate weapon: the ability to suspend authorization to sell. JP Morgan knows that FERC is not afraid to flex this muscle.

Just last week, FERC suspended the authorization for a JPMorgan unit, J.P. Morgan Ventures Energy Corp., to sell electricity at market-based rates for six months beginning next April. FERC took this step because it found that JPMorgan had filed “factual misrepresentations” and omitted material information in filing with FERC and in communications with the California Independent System Operator. JPMorgan will be able to offer electricity for sale only at prices based on specified factors, so that utilities can continue to be able to meet demand.  FERC is relatively new to dealing with Wall Street, but it is quickly learning that a strong jolt is necessary to get banks to comply.

The Commodity Futures Trading Commission, which often works side-by-side with FERC, is expected to see similar cases of energy market manipulation as a result of whistleblower information provided to the CFTC’s new whistleblower reward program created under Dodd-Frank. The outcome of the FERC cases against Wall Street could provide a useful roadmap for future whistleblowers.

Excerpt from, Erika Kelton, Barclays’ Traders Show How Much Fun Wall Street Has Manipulating Markets, Forbes, Nov. 20, 2012

Rating Agencies on Fire

The ruling in the Federal Court of Australia on November 5th held Standard & Poor’s (S&P) jointly liable with ABN AMRO, a bank, for the losses suffered by local councils that had invested in credit derivatives that were designed to pay a high rate of interest yet were also meant to be very safe. The derivatives in question were “constant proportion debt obligations” (CPDOs). These instruments make even the most ardent fans of complex financial engineering blush: they are designed to add leverage when they take losses in order to make up the shortfall. S&P’s models, which the court said blindly adopted inputs provided by ABN AMRO, gave the notes a AAA rating, judging they had about as much chance of going bust as the American government.

S&P denies that its ratings were inappropriate, and plans to appeal. But evidence before the court suggests a world of harried analysts being outsmarted by spivvy bankers. It also indicated a disturbing lack of curiosity by S&P analysts and a desire to cover up for the firm’s failings even when they fretted about a “crisis in CPDO land” and worried that some buyers of these products were “in no hurry to stay in front of the truck”. Instead of warning investors that it had made mistakes, the court found that the firm continued to provide glowing opinions on new CPDOs coming out of the ABN AMRO factory.  There is nothing in the ruling to suggest the shoddy behaviour that took place in this instance was widespread across the firm. It would be a mistake to attribute all ratings that subsequently turn out to be wrong to negligence. Making predictions is hard, as Yogi Berra, a famously quotable baseball player, noted, especially when they are about the future.

But the Australian case does challenge a central part of the defence proffered by S&P and other ratings agencies (Moody’s and Fitch are the other two big ones) in some 40 ongoing cases worldwide alleging negligence. They argue that ratings are merely opinions and protected by constitutional safeguards on free speech, and that only imprudent investors would take decisions solely based on them.  This defence has already worked in a number of high-profile cases in America. Investment analysts and lawyers reckon that there is no sign that courts elsewhere are likely to follow the Australian ruling; it may not even survive the appeal. But the reasoning in the Australian case is persuasive. The judge argued that agencies could not wash their hands of all responsibility if investors took their ratings at face value and then lost money. “The issuer of the product is willing to pay for the rating not because it may be used by participants and others interested in financial markets for a whole range of purposes but because the rating will be highly material to the decision of potential investors to invest or not,” the judge wrote.

The tendency of investors to rely on ratings is reinforced by the privileged access that agencies have to information about issuers. The agencies’ defence that theirs is just an opinion wears thin when, having looked under the hood and kicked the tyres, they then tell investors to make up their own mind from a distance. It would help if regulators forced issuers of bonds and other rated securities to provide more public information. That would allow investors to do more of their own due diligence and enable more competition between agencies to provide the best analysis to investors rather than the best service to issuers.

Ratings agencies: Crisis in ratings land?, Economist, Nov. 10, at 74

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Italian prosecutors filed suit against five former employees of Standard and Poor’s (S&P) and two former employees of Fitch [corporate websites] for allegedly manipulating the market and abusing privileged information that led to the rating agencies’ downgrades of Italy. Though magistrates in Rome and Milan have refused to support the claim, prosecutors from the southern town of Trani contend that the agencies failed to respect European rules of transparency.

Barclays and Qatar: an Unholy Alliance?

U.S. authorities are investigating Barclays  for potentially violating anti-corruption laws during its scramble to raise money from Middle Eastern investors in the early days of the financial crisis.  The probe, being conducted by the Justice Department and the Securities and Exchange Commission, is at an early stage…The U.S. investigation follows a similar probe that British regulators opened earlier this year.

According to people familiar with the probe, it is examining Barclays’ use of middlemen serving as brokers to connect the bank with powerful Middle Eastern interests at a time when the bank was seeking a cash injection from investors in the region.  Barclays disclosed the investigation at the same time it reported a GBP106 million third-quarter loss…The new investigations represent the latest blows to a once-proud British institution. This summer, Barclays paid about $450 million to settle U.S. and British charges that it sought to manipulate benchmark interest rates, sometimes at the behest of top executives. The ensuing political furor led to the abrupt resignations of Barclays’s chairman, chief executive and chief operating officer.

The Justice Department and SEC investigation involves possible violations of the Foreign Corrupt Practices Act, which among other things bars companies with U.S. operations from bribing overseas politicians or corporate executives in order to win business.  In June 2008, as the financial crisis was gaining steam, senior bankers at Barclays persuaded the Qatar Investment Authority and other investors to inject about GBP4.5 billion into the British bank, seeking to erase fears about Barclays’s health. As part of that deal, Barclays hired the Qatar fund to provide “advisory services’ in the Middle East. The bank later disclosed that it was paying about GBP238 million in fees and commissions to Qatar Investment Authority and related entities.

This summer, the U.K.’s Financial Services Authority launched a formal investigation into Barclays’s public disclosures of those arrangements. The probe focused on past and present Barclays executives, including finance chief Chris Lucas, as well as on the manner in which Barclays wooed the Qataris to invest, according to people familiar with the matter.

Excerpts, Barclays Faces U.S. Anti-Corruption Probe, MarketWatch, Oct. 31, 2012

An Independent Kurdistan? Ask the Oil Companies

Iraq is blessed with abundant oil that is cheap to extract and close to newly built export terminals. Production has hit a three-decade high and continues to rise steadily. By 2035, predicts the International Energy Agency (IEA) Iraqi output could more than double, to 8.3m barrels per day (b/d).  But Western oil firms are increasingly reluctant to play a part in this boom. ExxonMobil appears keen to sell its stake in West Qurna, one of the giant fields in southern Iraq that will provide much of the production growth. Royal Dutch Shell and BP are both still working in the south, but unhappily so. Suffocating bureaucracy and onerous contract terms make life difficult. Heavier-than-expected costs and delays to infrastructure undercut profits.

Three years ago when they signed contracts with the Iraqi government, the oil majors were prepared to accept hiccups. But their patience has thinned with the arrival of an alternative source of Iraqi oil. Kurdistan, the semi-autonomous province in the country’s north, has been offering competing and much more lucrative deals. ExxonMobil’s decision last year to acquire six blocks in the region angered the central government, which considers the deal illegal and lays claim to Kurdish oil. But the world’s largest oil company started a trend. In July Total, Chevron and Gazprom all signed contracts with the Kurdistan regional government, potentially dooming their chances of winning future business in the south. BG, a British firm, was in Erbil, the Kurdish capital, on a scouting mission in late October.

“Kurdistan is 11 years ahead of the rest of Iraq in terms of political and commercial development,” says Luay al-Khatteeb, head of the Iraq Energy Institute, a London-based think-tank. Kurdistan’s potential oil reserves of around 45 billion barrels are less than a third of those in southern Iraq. Still, the Kurdish oil minister, Ashti Hawrami, believes output of 1m b/d is possible within three years.

The tricky part is getting the oil to market. The Kurds today export around 200,000 b/d through pipelines controlled by the central government. Mr Hawrami wants to build a new Kurdish-owned pipe to Turkey, feeding long-held dreams of Kurdish independence. That unnerves Turkey which is fighting Kurdish separatists in its south-east. Some Turkish officials seem to acknowledge the possibility of an eventual Kurdish state in northern Iraq and seek to make it commercially dependent on Turkey. Co-operating with the Iraqi Kurds would also generate lucrative transit fees and offer Turkey an alternative to oil from Russia and Iran.

The Iraqi government is pondering how to respond. It could sweeten the terms of its contracts with the oil firms in the south. That might staunch the flow of Western capital to Kurdistan. In the meantime, the main beneficiaries of the majors’ receding interest in southern Iraq are Asian oil firms. Chinese will account for about 2m b/d of Iraq’s production by 2020. Fatih Birol, the IEA’s chief economist, talks of a “Baghdad-to-Beijing” axis.

Iraq’s oil: The Kurdish opening, Economist,Nov. 3, at 49

Fradulent Quality Certificates for Nuclear Reactors: South Korea

South Korea’s ambitious nuclear energy program is under intensive scrutiny and criticism after the discovery of microscopic cracks in the structure of a nuclear power plant and forgery of quality certificates vouching for thousands of components in at least two reactors.  Officials in all three major agencies responsible for monitoring the program said Friday there’s no danger to nuclear safety, but the government ordered the shutdown of the two reactors with the uncertified parts. At the same time, the head of the state company overseeing the program, Korea Electric Power Corp. has resigned for what he said were personal reasons.

A sequence of problems at a nuclear power plant on the southwestern coast fueled rising doubts about a program that’s been a centerpiece of the government’s energy policy since the first reactors went on line more than 30 years ago. Korea counts on nuclear energy for 30 percent of its electrical power, but critics are now demanding the government shut down some of the older plants and pull back from plans to build enough reactors to fulfill half the country’s power needs.  “I am worried about safety standards,” says Lee Chang-choon, who served as South Korea’s ambassador to the International Atomic Energy Agency during his long diplomatic career. “I do not have confidence and trust in the care of sensitive machinery operations.”

The trouble seemed to begin at the nuclear power plant at Yeonggwang where inspectors this week reported thousands of  “noncore components” were installed on the basis of fraudulent quality certificates. The Korea Hydro and Nuclear Power Corporation, which operates Korea’s four nuclear power plants, including 23 reactors, promised to replace all the parts by the end of the year while asking prosecutors to investigate alleged bribery.

Compounding the difficulties at the Yeonggwang plant, the ministry also reported the discovery of microscopic cracks in passages linking control rods to one of the reactors. An official at the Korea Hydro and Nuclear Power Corporation said the cracks affected warning signals on control panels but not operation of the reactors…

The underlying problem, however, is that South Korea has virtually no oil or natural gas deposits and is running out of coal. Nuclear power has long been seen as the only way to meet the demands of a growing industrial economy. Hong Suk-woon, Korea’s knowledge and economy minister, warned of severe power cuts that might affect industry and individual consumers as a result of shutdown of the two Yeonggwang reactors….

Others are still more critical. Yun Sun-jin, a professor who teaches courses on energy policy at Seoul National University, accuses the Korea Hydro Nuclear Power Corporation of placing higher priority on output with reduced emphasis on safety.  “They are decreasing the time for periodic overhaul of reactors,” she says. “They think a high operation rate means a more competitive strategy.”  She agrees with the view of the nongovernmental Korea Federation for the Environment that the government should shut down older plants and cancel plans to build new ones.  “We cannot believe nuclear power plants are safe,” says Yang-yi Won-young, in charge of the organization’s “nuclear phase-out” campaign. “The government says nuclear energy is the cheapest and cleanest, but they don’t take account of the cost of getting rid of nuclear waste.”…An official at the ministry of knowledge and economy listed 60 forged quality certificates since 2003 including more than 7,600 components, 98.4 percent of which, he says, were for the Yeonggwang plant. “These are noncore parts,” he says, including fuses, switches, and resistors that cannot be used for the core safety-related facility” and therefore “posing no threat of radiation leakage.”  The government, he adds, “will prepare and implement a comprehensive package of measures as soon as possible starting later this month to cope with the possible power shortages during this winte

Excerpts, By Donald Kirk, Cracks at South Korean nuclear plant raise safety concerns, Reuters, Nov. 9, 2012

Tricks of Illegal Waste Dumping

The US Navy has launched its own investigation into allegations that its contractor has been dumping on Subic Bay hazardous wastes which it siphons from US Navy ships docked here.  In an e-mailed statement on Saturday, Cynthia Cook, deputy press attache of the US Embassy in Manila, said the US Navy had “initiated its own inquiry into allegations of hazardous waste dumping by Glenn Defense Marine Philippines, a contractor for the US Navy in the Philippines.”  Cook said the embassy was aware of the investigation being conducted by the Subic Bay Metropolitan Authority (SBMA), and that it would “take appropriate action depending on the outcome of those processes.”

The SBMA board of directors is meeting on Monday to discuss the results of the initial investigation into the reported dumping by Glenn Defense Marine Philippines, the local operator of the Malaysian-owned Glenn Defense Marine Asia, said SBMA Chair Roberto Garcia.  In a letter to the SBMA earlier, the lawyers of Glenn Defense claimed that the Presidential Commission on the Visiting Forces Agreement (VFACOM) was the only agency authorized to address complaints about toxic dumping at Subic Bay.  Also on Saturday, the Subic Bay Freeport Chamber of Commerce announced it had suspended the membership of Glenn Defense, a registered locator of the Subic Bay Freeport.

Danny Piano, SBFCC president, said the group was aware of the alleged dumping in Subic waters since October. He said the chamber’s environmental committee has been on the lookout for potential environmental problems around the freeport.  Piano recounted: “At around 8 a.m. on Oct. 15, members of the committee spotted a marine [vessel] collecting liquid waste from a US Navy ship at Alava Pier. They became curious [as to] why a [ship], and not a [sewage] truck, would be performing waste collection [for] a naval ship already berthed at a pier…  “Sensing potential hazard, the members reported the situation to the SBMA ecology department for a spot check and to make sure that proper procedures were followed in dumping the waste.”

The vessel, MT Glenn Guardian, had been carrying around 50,000 gallons of domestic waste and around 200 gallons of bilge water (or a combination of water, oil, and grease), which were untreated according to laboratory tests, Piano said.

By Robert Gonzaga, US Navy begins inquiry into toxic waste dumping, Inquirer Central Luzon, Nov. 10, 210

Bankers with Chainsaws – logging companies and their banks

Some big banks do little more than pay lip service to environmental issues. HSBC likes to think of itself as different. It has signed up to many initiatives, including the Equator Principles, a set of social and environmental standards launched in 2003 for project financiers….

Sarawak (Malaysia) has lost more than 90% of its “primary” forests to logging and has the fastest rate of deforestation in Asia. Sarawak has only 0.5% of the world’s tropical forest but accounted for 25% of tropical-log exports in 2010. As timber stocks have become depleted, the loggers have moved into the palm-oil business, clearing peat-swamp forests to make way for plantations. The deforestation has been accompanied by abuses against indigenous groups, including harassment and illegal evictions. Allegations of corruption and abuse of public office dog Abdul Taib Mahmud, Sarawak’s chief minister, finance minister and planning-and-resources minister, who is believed to have firm control over the granting of logging licences. Mr Taib has long denied being corrupt.

Global Witness, a campaigning group, has analysed the publicly available financial records of seven of Sarawak’s largest logging and plantation companies.  It identified loans and other financial services from HSBC that it estimates have generated at least $116m in interest payments and $13.6m in fees for the bank since 1977. Although lending has declined over the past decade, HSBC continues to list Sarawak loggers among its clients, in apparent violation of its own Forest Land and Forest Products Sector Policy.

On paper HSBC’s forest policy gets high marks, including from BankTrack, a network of NGOs that monitors lenders. When it was drawn up in 2004, the policy required clients to have 70% of their activities certified by the Forest Stewardship Council (FSC), or equivalent, by 2009, with evidence that the remainder was legal. (The FSC is a global non-profit body that sets standards and does independent certification for logging and forest products.)

Not only did the seven firms analysed fail to meet that deadline, but none has any FSC-certified operations today. Ta Ann Holdings, for example, listed HSBC as a “principal banker” in its 2011 annual report. Ta Ann does not have FSC certification, and has failed to obtain full verification of the legality of its Sarawak concession under the independent “Verified Legal Origin” scheme. The firm has been accused of clear-felling rainforest that is home to endangered orangutan and of cutting down conservation forest for plantations. Ta Ann told Global Witness it is “collaborating closely with HSBC towards achieving full compliance” with its forest policy.

Another forestry conglomerate that is still banking with HSBC, according to its annual report, is WTK Holdings, whose intensive logging is widely believed by pressure groups to have caused landslides that ended up blocking a 50km (31-mile) stretch of river in 2010. None of WTK’s operations is FSC-certified.

In all, Global Witness identified six loans, totalling $25m, made by HSBC to non-compliant Sarawak loggers since the bank introduced its forest policy. HSBC said in 2004 that it would stop doing business with clients that failed to make a reasonable effort to comply by 2009.  The Economist asked HSBC to comment. The bank declined to discuss its clients because of confidentiality, but said it is “not accurate” to state that its clients are in violation of its forestland and forest-products policy. It said current data show that 99% of its forest-sector clients worldwide (by size of lending) are “compliant” or “near-compliant” with its policy. What precisely it means by “near-compliant” is unclear…..HSBC’s  continued involvement, however modest, allows logging firms to claim credentials they don’t deserve. Ta Ann, for instance, has run adverts saying it holds forest-policy certification from HSBC. That looks like a figleaf.

Deforestation in Sarawak: Log tale, Economist, Nov. 3, 2012, at 75

Nuclear Waste and Environmental Justice

After California regulators refused to allow the U.S. Air Force to label residue from radioactive aircraft instruments as “naturally occurring” – declaring it unsuitable for a Bakersfield-area dump – the military turned to Idaho with the same story.  There, military officials met with success. The Air Force is now sending radioactive waste from Sacramento County’s McClellan Air Force Base to a Grand View, Idaho, hazardous waste landfill.

This solution involved a bit of legal semantics rejected in California despite 10 months of Air Force lobbying: The military claimed radium dust left over from glow-in-the-dark aircraft instruments actually was naturally occurring, putting it the same relatively lax regulatory category as mine tailings, according to government memos obtained by California Watch through a public records request.  Larry Morgan, a health physicist with the California Department of Public Health, disagreed with that characterization. Radioactive paint does not “meet the definition” of naturally occurring waste, he wrote in a September 2011 memo.

The Idaho facility’s permit allows it to accept materials defined as natural without notifying state regulators, leaving the state’s hazardous waste manager in the dark.  “I’m not familiar with this particular waste stream. I intend to find out now that you’ve contacted me,” Robert Bullock, hazardous waste permits manager for the Idaho Department of Environmental Quality, said during an October interview.  The redefinition of the waste as natural might not even have been necessary, given Idaho’s different standards for waste containing trace amounts of radium.

Days after the Idaho Department of Environmental Quality told California Watch that the agency was unaware of the Air Force waste, an official went out to inspect the landfill. Interviewed after that visit, engineer Dennis Meier said the dumping was legal because of the low concentration of radium in the soil, despite the source.  “It’s not waste that has to go to a radioactive waste facility,” he said. “The concentration is way below what we would accept.”

Nonetheless,California health officials and environmental activists accused the Air Force of bending the truth to get its way.  “Illuminated instrument dials do not naturally occur,” said Daniel Hirsch, a lecturer on nuclear policy at UC Santa Cruz who leads the environmental group Committee to Bridge the Gap. “I can’t dig into the soil and discover naturally occurring radium instrument dials.”

The radioactive dirt in question hails from the former McClellan Air Force Base northeast of Sacramento,now a commercial development site.“At least 24 sites” on the base “all have low levels of radium mixed in with the soil, and there are many thousands of cubic yards” of contaminated soil, according to Philip Mook, Western region senior representative for the Air Force Civil Engineer Center, which is in charge of cleanups at Air Force installations. “A little bit of radium goes a long way.”  The Air Force has sent 22,000 tons of radioactive dirt from McClellan out of state so far, according to Charlotte Fadipe, a spokeswoman for the California Department of Toxic Substances Control.

According to the federal Environmental Protection Agency, if significant radium is inhaled or ingested, it can increase the risk of diseases such as lymphoma, bone cancer and leukemia. While the concentrations in the McClellan soil are low, they are above limits the federal government has set to protect human health.  Before these medical effects became evident, aircraft dials and gauges were painted with glowing radium so pilots could see them better at night. Air Force officials speculate that the radium became dispersed in the soil at McClellan “probably in cleanup water, like mop water or solvents that were used to clean the equipment or to clean up spills of radium,” Mook said. Although radium paint wasn’t used on the base after the 1950s, items contaminated with it remained…

Stephen Woods, chief of the California Department of Public Health’s Division of Food, Drug and Radiation Safety, argued in a Nov. 4, 2011, letter that the dirt should be sent to “a licensed low-level radioactive waste disposal facility.” The Idaho facility where the soil is now going does not meet that criteria. Neither do any California waste disposal facilities.  That’s partly because of vocal opposition from local Kern County residents and environmental groups.  “Hazardous waste landfills in low-income communities of color in California aren’t the right places for” nuclear waste, said Caroline Farrell, executive director of the Center on Race, Poverty & the Environment, which for almost two decades has fought to limit the Buttonwillow landfill’s expansion and impact on local residents.

But in the past, the landfill has accepted nuclear waste. In 1998 and 1999, the Army Corps of Engineers sent residue from the Manhattan Project, the World War II-era research and development program that produced atomic bombs dropped in Japan, to the landfill.  The move outraged civilian officials.  Democratic U.S. Sen. Barbara Boxer testified before a Senate committee on July 25, 2000: “When I learned that the Corps had disposed of 2,200 tons of radioactive waste at an unlicensed hazardous waste facility in Buttonwillow, California, I was shocked. The facility sits atop aquifers that supply water to the Central Valley of California.”  Since the Manhattan Project controversy, the facility’s permit has been tightened. Yet the landfill’s current permit states that it may accept naturally occurring radioactive materials at low concentrations….

US Ecology, which operates the hazardous waste landfill in Grand View, Idaho, seemed to accept the terminology.  Steve Welling, senior vice president of sales and marketing for US Ecology, said in an interview that “state law and our permits” allowed the facility to accept the waste that the Air Force had characterized as naturally occurring.

Katharine Mieszkowski and Matt Smith, Air Force Ships Calif. Radioactive Waste To Idaho Landfill, NBC, Nov. 9, 2012

Ship Breaking – Greens against workers

At its height in 2008 Bangladesh’s ship-breaking industry accounted for half of all ships scrapped in the world, according to IHS, a consultancy. Today the country accounts for around a fifth. In these years Bangladeshi ship breakers found themselves at the forefront of criticism as NGOs and pressure groups exposed some of the worst practices causing environmental and human harm. These included high health risks due to injuries, noxious fumes and the handling of asbestos. Critics say one way in which Bangladesh competes on cost is that poor workers are unlikely to file claims for accidents or bad health. Another advantage is (or was) the use of child labour.

In 2009 the Bangladesh Environmental Lawyers Association (BELA), a public-advocacy group, convinced the Supreme Court to ban all ship recycling not meeting certain environmental standards. The court’s decision meant that by 2010 the ship-breaking industry had come to a halt. Zahirul Islam of PHP, a local manufacturer with a big ship-breaking division (the industry prefers to call it ship recycling), says that for 14 months the company was unable to import a single vessel for breaking.  Knock-on effects hurt the wider economy. A World Bank study estimated that ship breaking employed over 200,000 in Bangladesh. Many of the jobs were subsequently lost. And domestic steel prices rose sharply. Half of all Bangladesh’s steel comes from breaking ships.  Under pressure from the ship breakers, Bangladesh’s prime minister, Sheikh Hasina, has since relaxed the regulations. Hefzatur Rahman, president of the Bangladesh Ship Breakers Association, believes this has saved the industry. From just a score of vessels scrapped in the main part of Chittagong two years ago, about 150 were broken up in 2011.

Greens are not happy and want the ban reimposed. Delphine Reuter of the Shipbreaking Platform, an NGO in Brussels, describes ship recycling as “close to slavery”. It and BELA are leading the call for more regulation. That bothers international shipping firms and ship brokers, which argue that Bangladeshi ship breakers have cleaned up their act.

At the International Maritime Organisation, the UN agency responsible for curbing shipping pollution and ensuring safety, the head of pollution prevention, Nikos Mikelis, says environmentalists present Bangladesh with a false choice. “They say they are happy to have the industry, but not on the beaches. Where do they want it? In the mountains?”

Ship breaking in Bangladesh: Hard to break up, Economist, Oct. 27, 2012, at 44

Palm Oil Industry: environmental and human impacts

Indonesia’s largest palm oil company, Sinar Mas, ran into trouble recently when communities in Liberia complained about a 33,000 ha. operation being developed on their lands by its indirectly-owned subsidiary, Golden Veroleum in Butaw District, Sinoe County. Alfred Brownell, the lawyer from Green Advocates representing the Kru tribes impacted by the project who is attending the 10th Roundtable on Sustainable Palm Oil (RSPO) being held in Singapore this week noted:

Golden Veroleum is in clear violation of the RSPO’s New Planting Procedure as it has not advertised its plans to clear and plant oil palms and carry out and publicise a High Conservation Value Assessment in advance of expanding its operations. Under the RSPO procedure, the company should now cease clearance until due process is followed. The villagers are concerned that their lands are being taken without their fully informed or free consent.

This is the second palm oil development involving a prominent RSPO member to run into controversy in Liberia. Last year, a subsidiary of Malaysia’s largest palm oil consortium, Sime Darby, was criticised for expanding its operations without respecting local peoples’ rights. The company was in the early stages of developing a 220,000 ha. operation but was halted in its tracks by complaints, which, to its credit, the company has responded to by entering into dialogue with the communities.

The spotlight is now on two large palm oil operations in Cameroon. One is planned by a company called BioPalm, a subsidiary of India-based corporation Siva Group which is marking out its planned operations without consultation on the lands of the Bagyeli “Pygmies” in Océan Département in western Cameroon. The company claims to be an RSPO member but does not show up on the RSPO’s membership lists. Messe Venant, Project Coordinator of the community-based indigenous NGO Okani says:  As the affected Bagyeli communities have told us, the forest is their memory. If they lose it, they lose their past, their present and their future. They will no longer be Bagyeli. To destroy the forest is to reduce them to nothingness.

Another palm oil developer is SG Sustainable Oils Cameroon PLC (SGSOC), owned by Herakles Farms from the USA and an affiliate of Herakles Capital, which is also involved in the telecommunications, energy, infrastructure, mining and agro-industrial sectors in Africa. SGSOC is developing an oil palm plantation further north in Cameroon, but has also run into sustained opposition from local communities and concerned NGOs and has announced it will pull out of the RSPO.

Other cases are highlighted in a searching review of 15 companies’ operations carried out by the Forest Peoples Programme and SawitWatch with a consortium of other NGOs and community organisations in Liberia, Cameroon, the Democratic Republic of Congo, the Philippines, Malaysia and Indonesia.

One case examined is the operation being developed by Genting Plantations, a client of HSBC, and a subsidiary of the vast Genting group which runs a casino, hotel and property empire in Malaysia. Both companies are prominent RSPO members. Genting is now in a protracted land dispute with the Dusun and Sungai peoples in Tongod District in Sabah over the imposition of the oil palm plantation. Leonard Alaza representing the Indigenous Peoples Network of Malaysia or Jaringan Orang Asal SeMalaysia (JOAS) at the 10th Roundtable of the RSPO underway in Singapore, says:  The communities have been objecting to this plantation since 2000 and filed a court case 10 years ago asking the court to recognise their rights and freeze the company’s expansion. But instead of recognising our rights, as the RSPO standard requires, the company has been contesting even the admissibility of our case and meanwhile has taken over and planted all the disputed lands.

Excerpt from Press Release of Forest Peoples Programme, New oil palm land grabs exposed: Asian palm oil companies run into trouble in Africa, Nov. 1, 2012

Top Five Worst Polluters in Gas Flaring

An international coalition led by the World Bank is calling for state-backed and private oil producers to reduce “gas flaring” by an additional 30 percent over the next five years, saying that doing so would be equivalent to taking 60 million cars off of the roads.  Analysts widely characterised the goal as both ambitious and significant, though it follows on an apparent levelling out in flaring reductions in recent years.

Since a major new push began in 2005, the World Bank-led Global Gas Flaring Reduction (GGFR)* partnership estimates that, through 2011, its actions have brought down gas flaring by 20 percent, eliminating around 274 million tonnes of carbon dioxide emissions.  But according to the GGFR – a coalition of 20 major oil companies and 19 countries..both the economic and environmental impacts of gas flaring require far greater reductions.  “A 30 percent cut in five years is a realistic goal,” Rachel Kyte, the World Bank’s vice-president for sustainable development, said…

Oil producers resort to flaring when gas, a by-product of oil, is brought up to the surface but cannot easily be repurposed for consumers. Instead, producers simply burn off the product, the value of which the World Bank, based here in Washington, puts at some 50 billion dollars a year.  The total amount of gas estimated to have been flared last year, about five trillion cubic feet, is said to equal the amount of natural gas used in the United States over a full year.

Environmentalists have long called for the outright banning of the practice, though flaring does in fact release far lower levels of greenhouse gases than simply allowing the gas to evaporate. However, the process does not deal with one notorious pollutant, nitrogen oxide, and still releases significant carbon dioxide, and thus significant greenhouse gas-related worries remain.

Alternative uses for this gas range from producing power, refining it for use in local markets, or even putting it back into the ground. But analysts say the economic benefits for companies in doing so are low.  Nonetheless, the World Bank reports slow but steady success in reductions, particularly since 2005. According to data released Mexico has cut its flaring by two-thirds and Azerbaijan by half in just two years, while Kuwait gotten its flaring down to just one percent of previous levels.  In addition, Qatar and Congo have been singled out for using the gas to make electricity.

Significant improvements have also been seen in many of the world’s worst flaring offenders. “Huge investments” by GGFR partners have reportedly helped Nigeria to reduce its flaring by nearly a quarter through 2011, while Russia, the most significant culprit in this regard, has reduced flaring by around 40 percent, though those figures rose last year.  Still, the World Bank warned that both of these countries, particularly Russia, in addition to Mexico, Iraq and Kazakhstan, need to make significant improvements.

Missing from this list, however, is one of the most significant outliers in the global push against gas flaring: the United States, which has increased its gas flaring by more than three times since 2007, more than any other country.  The U.S. is currently in the midst of a sea-changing boom in natural gas production, thanks almost entirely to new technologies (so-called hydraulic fracturing or “fracking”) that have allowed for the exploitation of previously off-limits gas deposits in shale and other geological formations.

Against the promising country-by-country numbers, total global gas flaring actually increased last year by around two billion cubic metres, which World Bank analysts have put down to output from Russia and, specifically, the U.S. state of North Dakota.  “The small increase underlines the importance for countries and companies to sustain and even accelerate efforts to reduce flaring of gas associated with oil production,” Bent Svensson, manager of the GGFR partnership, said when the 2011 figures became available in July. “It is a warning sign that major gains over the past few years could be lost if oil-producing countries and companies don’t step up their efforts.”

The U.S. is now the fifth-largest flarer, behind Russia, Nigeria, Iran and Iraq. While part of this is due to the multifold increase in production in recent years, it also appears to be due to a lag in implementing the necessary infrastructure.  “Due to insufficient natural gas pipeline capacity and processing facilities … over 35% of North Dakota’s natural gas production … has been flared or otherwise not marketed,” the U.S. government reported in late 2011. “The percentage of flared gas in North Dakota is considerably higher than the national average; in 2009, less than 1% of natural gas produced in the United States was vented or flared.”…But based on new EPA rules, “the U.S. is going to have 100 percent no-flaring by 2015, which will be pretty good in terms of the rest of the world,” Kyle Ash, a Washington-based legislative analyst with Greenpeace, an advocacy group, told IPS.

Excerpts, By Carey L. Biron, U.S. Outlier in New Push to Reduce Gas Flaring,Inter Press Service,Oct. 24, 2012

*The GGFR partners include: Algeria (Sonatrach), Angola (Sonangol), Azerbaijan, Cameroon (SNH), Ecuador (PetroEcuador), Equatorial Guinea, European Bank for Reconstruction and Development (EBRD), France, Gabon, Indonesia, Iraq, Kazakhstan, Khanty-Mansijsysk (Russia), Mexico (SENER), Nigeria, Norway, Qatar, the United States (DOE) and Uzbekistan; BP, Chevron, ConocoPhillips, ENI, ExxonMobil, Marathon Oil, Maersk Oil & Gas, Pemex, Qatar Petroleum, Shell, Statoil, TOTAL; European Union, the World Bank Group; Associated partner: Wärtsilä.

How Iran Copes with Sanctions?

According to the latest figures from the Natural Gas Vehicle Knowledge Base, Iran, with the world’s second-largest natural gas reserves after Russia, in 2011 became the world leader in natural gas vehicles with some 2.9 million on the road, narrowly edging Pakistan, which is trailed by Argentina, Brazil and India, respectively.  Iran’s reliance on its cleaner fossil fuel seems unlikely to diminish as international sanctions continue to bear down on its nuclear program, which in turn have curbed imports of gasoline; though Iran has large oil reserves, its ability to refine its own gasoline falls well short of its needs.  But for ordinary Iranian motorists, natural gas is less a geopolitical or environmental issue than a pocketbook concern. “This sort of fuel is cheap, and it gets me home every day — that’s what I care about,” said Sasan Ahmadi, a 42-year-old office assistant filling up his Iranian-made Kia Pride at a natural-gas station for his hour commute home.

The government began promoting natural gas about a decade ago, and not just in response to American-led sanctions. A big initial reason was the increasingly thick yellow blankets of smog that often engulf greater Tehran and its 12 million inhabitants. That was a result of rising auto sales by domestic carmakers like Iran Khodro and Saipa, which took off as oil revenue began rising sharply around 15 years ago, enriching tens of millions of Iranians…..

As a means to counter outside economic pressure, natural gas’s usefulness is clear. Because of its inadequate investment in oil refineries, Iran has long been forced to refine a portion of its own crude at refineries in Europe to satisfy rising domestic demand for gasoline. So when the European Union in July barred gasoline sales to the country, natural gas helped to blunt the blow.

Despite the sanctions against Iran, motorists like Mr. Ahmadi can make their commute for the equivalent of less than a penny a mile using the alternative fuel at subsidized prices. Gasoline is more expensive, especially because government subsidies have been reduced, but it is still incredibly cheap by Western standards: less than $1 a gallon….

Excerpt, THOMAS ERDBRINK, Oil-Rich Iran, Natural Gas Turns Wheels, New York Times, Oct. 23, 2012

Private Military Firms and their Bonanzas

The past decade – particularly the U.S.-led wars in Iraq and Afghanistan – provided rich pickings for firms providing private armed guards, drivers and other services that would once have been performed by uniformed soldiers.  But as the conflicts that helped create the modern industry wind down, firms are having to adapt to survive. They must also, industry insiders say, work to banish the controversial image of mercenary “dogs of war” that bedevil many firms, particularly in Iraq, Reuters reports. “This industry has always gone up and down,” Doug Brooks, president of the International Stability Operations Association (ISOA), told Reuters on the sidelines of its annual conference in Washington. “What we’re seeing now is that it is becoming much more mature – and much more responsible.”

The free-for-all atmosphere that pervaded the industry, particularly in the early years of the war in Iraq, insiders say, appears gone for good. A string of high profile incidents – often involving armed private guards firing on sometimes unarmed Iraqis – trashed the reputation of firms such as Blackwater, a Virginia-based firm since renamed several times, as well as the wider industry.  Members of the ISOA – which include some but not all of the major contracting firms as well as smaller players – subscribe to a code of conduct that they say helps identify responsible firms.

Despite these efforts, industry insiders and other observers say quality remains mixed. Some firms providing armed guards for merchant ships passing through the Somali pirate-infested Indian Ocean, for example, only hire elite personnel who have served in the Marines or special forces. Others, however, have a reputation for being less discriminating and for unreliable staff and weapons.  In the aftermath of last month’s attack on the U.S. diplomatic mission in Benghazi, which killed the U.S. ambassador to Libya and three other Americans, critics have seized on the hiring of a little-known British private security firm now accused of providing inadequate protection at the mission….

The most vulnerable firms, many in industry say, may be those who have relied on ongoing U.S. military work that is now drying up as the Pentagon “Operational Contingency Allowance” – the additional funding earmarked for the wars – tapers off.  At its peak, the U.S. Commission on Wartime Contracting, a bipartisan legislative commission established to study wartime contracting in Iraq and Afghanistan, estimated there might have been as many as 260,000 contractors in the two countries.

“At the moment, everyone is looking for work that is not OCA-funded,” one industry executive told Reuters on condition of anonymity, saying he expected an era of mergers and even bankruptcies. “It’s going to be like when the tide goes out at the beach and you suddenly find out who has been naked.”  New Pentagon priorities, many believe, will provide fewer openings for traditional private military contractors. Washington’s strategic “pivot” to the Asia-Pacific region will involve mainly warships or uniformed Marines, with little need for extra hired muscle.  Companies that take a broader approach and also provide logistic, intelligence and other functions, however, could have a much better decade.  “If your definition of a private security contractor is only someone with a gun at a checkpoint in Afghanistan, then yes, you may be seeing a decline,” says David Isenberg, an adjunct scholar at the Cato Institute in Washington.  “But if your definition is of private contractors performing tasks that would once have been done almost exclusively by government and military, it’s a very different picture.”

When it comes to conventional security, many in the industry believe the real growth will come from serving the private sector – particularly the oil, gas and mining industries.  Even with U.S. troops gone from Iraq and the number of government contractors down, some companies say they are finding strong demand from energy firms for protection, particularly around Basra in southern Iraq.  “We are as busy as ever and the need has never been greater,” said Pete Dordal, senior vice president at GardaWorld, a global risk management and security services firm. “I don’t want to say it’s a gold rush, but business is very good.”

Private security firms, insiders say, evacuated the vast majority of the thousands of foreign nationals plucked from Libya as its civil war erupted early last year. Most were contracted by other private firms, although governments also used them heavily. London-based Control Risks told Reuters last year that China hired it directly to fly hundreds of its nationals out by airliner.

Some in the industry believe the number of contractors in Afghanistan could even rise with the planned departure of all U.S. combat troops in 2014, as mining companies exploit largely untapped mineral resources.  It’s a similar picture in Africa, where even in war-torn Somalia, a handful of companies are setting up shop. They often work with local tribes and other groups to safeguard visiting journalists, business representatives and prospectors.  Focusing on finding reliable local staff, some say, may ultimately prove both cheaper and more reliable than foreign hired guns. In Libya, some energy firms long turned to local desert tribes to protect their facilities – a tactic that proved remarkably effective during last year’s civil war after foreign security staff were swiftly withdrawn.

The trick may be to avoid having grandiose ambitions.  A handful of British firms in particular have made millions from providing on-board protection teams for Indian Ocean shipping. But those who have tried to go a step further and start their own private navies – hoping to escort merchant ships for cash – have struggled to find sufficient funding.

Within Somalia some credit the hiring of private contractors with Gulf state money to bolster the Coast Guard of the independent enclave of Puntland as being behind recent drops in pirate attacks. But it proved so controversial that funding was eventually pulled, leaving behind half-trained local fighters that some worry could prove a regional security threat in their own right.

Private contractors are increasingly central to operations such as the African Union’s AMISOM peacekeeping mission in Somalia, performing roles such as bomb disposal, logistics and technical support. ISOA and some experts argued they could do much, much more.  The few dozen foreign contractors from the now-defunct British firm “Executive Outcomes,” together with the hundreds of local fighters they trained, are often credited with turning the tide in Sierra Leone’s 2001 civil war.  But after years of discussions at the United Nations, few of the world’s governments appear enthusiastic about the idea of private security firms becoming the norm.  “In some places, contractors might be more effective than some of the troops from contributing nations,” said Edmond Mulet, U.N. Assistant Secretary General for Peacekeeping Operations.  “But the U.N. is simply the sum of its member states and some of them are opposed to the use of contractors in some roles,” he told the conference.

As Iraq and Afghan wars end, private security firms adapt, Reuters, Oct. 22, 2012

The Deadly Weapon Dumps

Taking stock of an ammunition depot can be a deadly task…Last year was the worst yet, with 442 victims from 46 explosions. One of the biggest ever happened in March this year: an accident in Congo-Brazzaville that killed 250, showering munitions over a two-mile radius.  Thousands of ill-run weapons stores are in restless parts of Africa and the Middle East, often near towns or cities. The end of the cold war left unneeded weapons all over the Soviet empire. Moldova spends a quarter of its defence budget guarding obsolete munitions. Ukraine alone has half a million tonnes.

Most high explosives are inherently stable. But the propellant that launches projectiles from gun barrels is not. Over time it eats away at the stabilising compounds—especially in hot weather—until spontaneous detonation occurs. In rich and strict countries munitions are tested and dealt with before that happens. In poorer places, the temptation is to trust to luck. Many are also reluctant to give up their arsenals, particularly if they are unsure they can be replaced. Somaliland, an independence-seeking statelet in the Horn of Africa, for example, has curbed the destruction of its ageing weapons because international sanctions stop it buying new ones.

Small slip-ups can have grave consequences. At a weapons dump in the Rajasthan desert in India, a gardener was sacked to save money. Unkempt long grass then caught fire, triggering an explosion in April 2000 that killed two soldiers and destroyed $90m of ammunition.

Bad management of weapons dumps makes life easier for thieves and dodgy customers. It is a big headache for Western countries worried about advanced weapons such as shoulder-launched missiles, or those suitable for use by insurgents or independent militias. This is a particular problem in Libya, where Muammar Qaddafi, the former dictator, spread his arms around more than 500 supply points to avoid NATO’s air strikes.

The simplest means of disposal is to blow weapons up in a hole in a remote location. But they must be expertly stacked to ensure everything explodes properly. And for big stockpiles, and in countries with tough environmental rules, that may not be possible. Alternative solutions include movable facilities that remove explosives from their casings, cut them into small pieces and burn them in a furnace. But for big munitions such schemes are costly and so far still untested.

Landmines get far more money and legal scrutiny than ammunition dumps, because of their dire effects. But perhaps too much. Adrian Wilkinson, a UN explosives specialist, reckons landmines have killed roughly five times as many people, but at least 100 times more is spent on dealing with them.

Ammunition depots: Storing up risk, Economist, Sept. 29, 2012, at 66

Water/Oil/Gas Wars: the Stans of Central Asia

Tajikistan’s president, Emomali Rakhmon, likes things big. He has built the world’s tallest flagpole. Last year he opened the region’s largest library (with few books in it so far). But one gigantic project is proving contentious with the neighbours: building the world’s tallest hydroelectric dam.

Islam Karimov, the strongman who rules downstream Uzbekistan, says the proposed 335-metre Rogun dam, on a tributary of the Amu Darya, will give Tajikistan unfair control over water resources and endanger millions in the event of an earthquake. On September 7th, he said such projects could lead to “not just serious confrontation, but even wars”.  Mr Karimov wasn’t talking only about Tajikistan. Upstream from Uzbekistan on a tributary of the region’s other major river, the Syr Darya, Kyrgyzstan is seeking investment for a project of its own, called Kambarata. The two proposed dams (Rogun at 3.6 gigawatts and Kambarata at 1.9) would theoretically end their respective countries’ frequent power shortages and provide badly needed export earnings.

Both were conceived in the twilight of the communist era and stalled when subsidies from Moscow evaporated at independence. Soviet leaders envisioned managing the region’s water flows, energy trades and competing interests, and their Russian successors still maintain an interest. During a visit to Bishkek on September 20th, Russia’s president, Vladimir Putin, promised help with Kambarata in exchange for, among other things, an extension of military-basing rights in Kyrgyzstan. Tajikistan has sought Russian help for Rogun, too. Mr Putin promised $2 billion for the dam in 2004. But that deal fell apart three years later, when the two countries could not agree about the dam’s height.

Spurring on both projects is Uzbekistan’s bad behaviour, egregious even in a tetchy region. Unlike Uzbekistan, neither Tajikistan nor Kyrgyzstan, the two poorest former Soviet republics, has reliable access to oil or gas. Uzbekistan’s Mr Karimov has a habit of changing gas prices and cutting deliveries during the coldest months. He has prevented electricity supplies to his indigent neighbours from transiting his country’s Soviet-era grid. Uzbekistan has also unilaterally closed most border checkpoints with both upstream countries, set mines along parts of the boundary with Tajikistan, and often holds up commercial traffic. When a rail bridge in southern Uzbekistan mysteriously exploded last autumn, depriving southern Tajikistan of its rail connections, few believed Uzbek claims of a terrorist attack. Indeed, rather than fix the track, the Uzbeks dismantled it. Tajikistan calls the actions a blockade.

Though it seems unlikely Mr Karimov will drive his tanks over the border just yet, shoot-outs on the disputed borders are not uncommon. All of this worries NATO officials. All three countries help supply the war in Afghanistan and will be crucial for NATO’s withdrawal.

Excerpt, Water wars in Central Asia: Dammed if they do, Economist, Sept. 29, 2012, at 44

One the international agreements between states on water and electricity exchanges, see Elli Louka International Environmental Law

Nuclear Waste Island, Orchid, Taiwan

Most people on the windswept outpost, 62 kilometres east of Taiwan’s mainland, would love to see the 100,277 barrels of nuclear waste gone. But many admit they are concerned about their livelihoods if that day comes.  Orchid Island has been a flashpoint for Taiwan’s environmental movement since nuclear waste was first shipped there in 1982. Local residents, mostly members of the Tao aboriginal group, say the waste was put on the island without their consent. Periodic protests have claimed negative health and environmental effects.

In response, Taiwan Power Co has showered the community with cash handouts, subsidies, and other benefits.  Orchid Island received subsidies worth 110 million Taiwan dollars in 2011, according to company data. That doubled local government spending, according to township secretary Huang Cheng-de.  “The current situation, basically, is that Taipower gives us quite a bit of money, and our people are becoming pretty reliant,” Huang said.  Most of the funds are divided into government-managed accounts for each of the island’s 4,700 residents, who can apply for it if they have a business or career-oriented need. Residents also receive free electricity, health-related emergency evacuations, scholarships for higher education and a 50-per-cent discount on all transportation costs to Taiwan’s mainland.  Statistics indicate local residents are taking advantage of the benefits. In 2011, they used nearly twice as much electricity per household as the national average, according to company data.

Protests have weakened and for many residents, including Chou the restaurant owner, the existence of nuclear waste has become more acceptable.  “Most people here are against the nuclear waste, but since its already here, they should pay us for using our land,” Chou said. “For now, I’m okay with it as long as they don’t add any more barrels.”  The utility plans to move the waste off the island by 2021, but only if another township in Taiwan agrees by referendum to take it, according to Huang Tian-Huang, a company deputy director.  If it goes to plan, “so goes the compensation,” Huang said, although he acknowledged that gaining consent from another community will be difficult.  Questions remain on what would support Orchid Island’s economy if those subsidies end.

For Taiwan aborigines, nuclear waste is blessing and curse, http://www.timeslive.co.za, Sept. 16, 2012

WTO and the Level Playing Field: Europe v. Russia

Europe’s trade chief threatened to take Russia to the World Trade Organization over a string of restrictive practices saying Moscow needed to play by the rules now it was a member of the global body.  Trade Commissioner Karel De Gucht singled out Russia’s ban on European live animal imports, plans to levy fees on imported vehicles, two anti-dumping cases and another trade defense case launched by Moscow against Europe in recent months.  In the same week that the European Commission opened an investigation into Russia’s Gazprom and China’s solar panel exports, De Gucht said the measures sent “the wrong signal”, Reuters reports.

“Membership of the WTO means a country is subject to the dispute settlement mechanism of that organization,” he told an EU-Russia seminar in Helsinki. “Russia should understand that Europe takes that mechanism very seriously and that we will not hesitate to enforce our rights where they are violated,” he added.

Russia joined the WTO last month after an 18-year wait. President Vladimir Putin said on Wednesday the country would use its membership to try to develop freer trade across the world, but he’ll also be hoping it will further boost the energy-driven $1.9 trillion economy.  De Gucht said Russia was violating WTO rules by keeping its markets closed to competitors.  “What these and other measures … have in common is that they affect products where significant market opening is due to take place under Russia’s WTO commitments,” De Gucht said.  “This is the wrong signal to send at a time when liberalization is supposed to be moving forward.”

Russia and the EU are deeply intertwined, with Europe relying heavily on Russian energy exports and Russians hungry for EU products and access to its 500 million consumers.  But the two sides argue over issues ranging from energy supplies, trade and market access to human rights. While relations are at times frosty, both refer to each other as “strategic partners” and meet for twice-yearly summits.  Negotiations between Russia and the EU towards closer economic and political ties have also stalled, and Brussels is concerned by Putin’s plan to develop a “Eurasian union” of ex-Soviet states, including Kazakhstan and Belarus.

EU warns Russia to play by WTO rules or face action, Reuters, Sept. 7, 2012

Russian President Vladimir Putin signed a decree giving the government the right to protect its natural gas-export monopoly, OAO Gazprom (GAZP), from an anti-trust inquiry by the European Union.  Putin’s measure bans strategic companies from disclosing information, disposing of assets or amending contracts without government approval in case claims are made by foreign states or entities, the president’s office said in an e-mailed statement from Moscow today. The Russian leader on Sept. 9 warned the EU, which relies on Russia for a quarter of its gas needs, that there would be “losses on both sides” if the issue isn’t resolved. He accused the 27-nation bloc of trying to shift responsibility for subsidizing former communist EU members onto Russia by forcing Gazprom to cut prices for customers in eastern and central Europe.

Excerpt, By Henry Meyer, Putin Moves to Protect Gazprom From EU Pricing Dispute, Bloomberg, Sept. 11, 2012

The iPhone, radioactive waste and rare earths: the Lynas case

Lynas Corporation, an Australian based mining company are constructing a rare earth processing plant, known as the Lynas Advanced Materials Plant (LAMP) in Gebeng industrial estate in Kuantan, Malaysia. The LAMP will process lanthanide concentrate which will be trucked from the mine site in Mt Weld Western Australia to the Port of Fremantle where it will be shipped to Malaysia. This report provides an assessment of the emissions from the LAMP plant rather than Lynas Corporation‟s activities in Western Australia. The LAMP plant will have significant atmospheric, terrestrial and waterborne emissions of toxic chemicals and radionuclides including uranium, thorium and radon gas.

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A Malaysian high court put on hold until October 4 a temporary operating license granted to Lynas Corp Ltd’s controversial rare earth plant near the eastern city of Kuantan, prompting an 8 percent fall in the Australian firm’s shares on Tuesday (Sept. 24, 2012).  The rare earth plant – the world’s biggest outside China – has been ready to fire up since early May, but the company has been embroiled in lengthy environmental and safety disputes with local residents since construction began two years ago [regarding the handling of radioactive waste at the plant].

The plant is considered important to breaking China’s grip on the processing of rare earths, which are used in products ranging from smartphones to hybrid cars.

Lynas confirmed the Kuantan High Court’s decision on Tuesday, but said it would not affect production at the plant and that it plans to strongly assert its rights at the next court hearing…Lynas shares plunged more than 8 percent after the court order to A$0.795, their lowest close in almost three weeks as investors closely track each move in the sensitive case. Earlier this month they rose up to 50 percent when Malaysia approved the license.

Activists linked to the environmental group, Save Malaysia Stop Lynas, want the court to suspend the temporary license until two judicial review cases challenging the government’s decision allowing the plant to operate are heard.  “It’s a small victory, but there is still a long way to go,” Tan Bun Teet, a spokesman for the group, told Reuters after the court decision. “We will fight tooth and nail. We have a lot at stake,” he added.  The group’s previous attempts to legally stop the plant had failed.

Lynas received a temporary operating license for its long-delayed $800 million rare earth plant earlier this month, enabling it to start production as early as October.  The Malaysian Atomic Energy Licensing Board (AELB) issued the permit following an earlier recommendation from a government committee.  Protests over possible radioactive residue have drawn thousands of people and the project has become a hot topic ahead of an election that must be held by early next year.

Sources

Lee Bell, Rare Earth and Radioactive Waste: A Preliminary Waste Stream Assessment of the Lynas Advanced Materials Plant, Gebeng, Malaysia, National Toxics Network. April 2012

Siva Sithraputhran, Malaysian court puts license on hold for Lynas rare earth plant, Reuters, Sept. 25, 2012

Nuclear Protests in India and Foreign-Funded NGOs

This week police in Kudankulam, in southern Tamil Nadu, fired at thousands of anti-nuclear protesters on the beach, killing a fisherman. The locals were opposing a new, Russian-designed, 2,000MW nuclear plant, India’s biggest, which is now being filled with fuel. The 2004 Indian Ocean tsunami killed over 10,000 Indians. Now fears grow of another big wave that could bring a Fukushima-style disaster.  Protesters also claim harassment, saying officials have slapped sedition notices against 8,000 who have dared speak out. Opposition has flared before. The state’s chief minister, Jayaram Jayalalitha, once backed the protests but has now swung in favour of the plant—perhaps betting that anger over power shortages trumps anti-nuclear outbursts.

The reaction of the national government, under the prime minister, Manmohan Singh, has been mixed. Committees of investigation called the plant safe. The High Court in Chennai heard, and ruled against, a petition by locals over safety. The Supreme Court will hear an appeal.  The government’s argument that politicians not protesters should decide the country’s energy mix is reasonable. But, twitchy at criticism, it veered off in suggesting opponents merely did the bidding of a foreign hand. Mr Singh, in an interview with a science magazine in February, blamed protests on NGOs, “mostly I think based in the United States”. A tough new law is in force, severely restricting foreign money going to local NGOs.  Mr Singh’s frostiness is best understood in the context of America’s moans that a civil-nuclear deal signed with India has not led to American investors getting energy contracts. Strict liability laws scare its private investors, whereas government-backed ones, such as Russians, feel more secure. Could Mr Singh be implying that American activists are stirring the trouble in Kudankulam because the plant is Russian-built?

Nuclear Power in India: The Kudankulam conundrum, Economist, Sept. 15,2012, at 39

The Swiss Nuke Smugglers, CIA and Libya

Three Swiss engineers are set to escape jail for nuclear smuggling, in part because they helped the CIA bust a global ring that was supplying Libya’s atomic weapons program.  Urs Tinner, his brother Marco, and their father Friedrich are accused of aiding the smuggling network of Pakistani nuclear scientist Abdul Qadeer Khan.  But according to Swiss prosecution documents released Tuesday setting out a plea bargain deal, the three also cooperated with U.S. authorities who were able to seize a shipment of nuclear equipment destined for Libya in 2003.  The CIA operation ultimately destroyed the Khan network and Libya gave up its efforts to acquire nuclear weapons.

Prosecutors say their work was hampered by the Swiss government’s decision to destroy key evidence in the case.  The plea bargain will be put before a Swiss court for approval next week.

Swiss nuke smugglers who helped CIA to escape jail, Associated Press, Sept. 18, 2012

How to Avoid the Carbon Tax

According to the Union of Concerned Scientists (UCS),  a Climate of Corporate Control, statements and actions on climate science and policy by 28 U.S. companies, shows how these contributions can be problematic, and suggests steps that Congress, the public, the media, and companies themselves can take to address the problem.  Corporations have the right, of course, to weigh in on public policy issues that affect their interests. But too often they do so irresponsibly, misrepresenting and misusing science at the public’s expense, and in recent years their influence has grown.

Corporations skew the national dialogue on climate policy in a variety of ways—making inconsistent statements across different venues, attacking science through industry-supported organizations, and taking advantage of the secrecy allowed them by current legal and regulatory structures.

Inconsistency: Having It Both Ways–Some corporations are contradictory in their actions, expressing concern about the threat of climate change in some venues—such as company websites, Security and Exchange Commission (SEC) filings, annual reports, or statements to Congress—while working to weaken policy responses to climate change in others.  For example, ConocoPhillips has acknowledged on its website that “human activity…is contributing to increased concentrations of greenhouse gases in the atmosphere that can lead to adverse changes in global climate.” Yet in its comments on the 2009 EPA Endangerment Finding, the company claimed that “the support for the effects of climate change on public health and welfare is limited and is typified by a high degree of uncertainty.”

Using Outside Organizations: Contrarians By Proxy–One way a company can work against effective climate policy while avoiding accountability for that work is to provide funding to outside groups that lobby against climate legislation and regulation or engage in advocacy campaigns against climate science. Such groups range from business associations such as the National Association of Manufacturers to front groups like the Heartland Institute.

Echoing the inconsistency in their other statements and actions on the issue, many companies belong to groups lobbying on both sides of the climate policy debate. For example, Caterpillar is affiliated both with the World Resources Institute and Nature Conservancy, which advocate global warming solutions, and with the Cato Institute and Heritage Foundation, which oppose them.  Of course, corporations may point out that the organizations they support work on many issues besides climate—but the fact remains that many of these groups take starkly anti-science positions on climate change and work aggressively to challenge science-based climate policies.

A Lack of Transparency–When business interests can hide their influence on policy-making processes from public view, it becomes easier for them to manipulate perceptions of science and skew policy discussions. There are several areas in which greater transparency is needed:  Charitable contributions. Current law only requires corporate foundations to disclose their donations to the IRS; companies can get around this requirement by making their donations directly, bypassing their foundations. This information is also hidden from shareholders: several corporations have received proposals from their shareholders demanding access to the company’s charitable contributions, and legislation to require such disclosure has been proposed in Congress.  Lobbying and political expenditures. While companies are legally required to report their total expenditures on political contributions and lobbying, they are not required to disclose the particular issues for which these contributions are targeted. So it is not possible to determine how much lobbying corporations are doing on climate issues. Business risks from climate change. Publicly traded companies are required to discuss risks that might materially affect their business in their annual SEC filings. The report shows that compliance with this requirement with regard to climate change is not consistent; some companies address climate-related risks fully, some discuss only the possible impacts of climate regulation, neglecting the physical impacts of climate change, and others ignore the issue entirely.

Good and Bad Behavior–It’s not all bad news out there: The report shows that some companies, such as NIKE, appear to be consistently constructive in their climate-related statements and actions.  At the other extreme, some companies appear to be almost uniformly obstructionist on climate issues. This list is dominated by fossil-fuel companies such as Peabody Energy and Marathon Oil.  But because of the lack of disclosure, it is impossible to say for sure whether companies are completely constructive or obstructionist.  Inappropriate corporate influence on the national dialogue on climate science and policy is a large-scale, complex problem requiring large-scale, complex solutions.

Excerpt from A Climate of Corporate Control

Right to Participate: Indigenous Peoples of Peru

Peru’s official human rights ombudsman, Defender of the People Eduardo Vega, is set to convene the first the first “prior consultation” with Amazonian indigenous peoples on oil development in their territory, under terms of a new law passed earlier this year setting terms for the process. The consultation concerns a planned new round of oil contracts planned for Bloc 1AB, currently held by Argentine firm Pluspetrol, in the watersheds of the Pastaza, Corrientes and Tigre rivers in the northeast of Loreto region. The Regional Organisation of Indigenous Peoples of the East (ORPIO), with an office in the city of Iquitos, it to represent the impacted indigenous peoples. Vega pledged the process would be carried out “with the utmost clarity so that rights of the indigenous peoples will be respected and the same process can serve for other consultations that will subsequently be carried out.”  But after years of conflict over resource extraction in the region and accusations of broken promises by the government, many indigenous residents remain skeptical about the process.

Peru: first “prior consultations” on Amazon oil development, WW4 Report, Sept. 15, 2012

BP: Culture of Corporate Recklessness

The Obama administration has accused BP of gross negligence and willful misconduct in causing the Deepwater Horizon oil spill of 2010. In a new court filing, the Department of Justice appears bent on blaming BP for the worst oil disaster in U.S. history.  The court document blasts BP’s leadership in no uncertain terms. Referring to “A Culture of Corporate Recklessness,” it states that “The behaviour, words and actions of these BP executives would not have been tolerated in a middling size company manufacturing dry goods for sale in a suburban mall.” It criticizes “the utter lack of any semblance of investigation of the systemic management causes deeply implicating the corporate managers and leadership who caused and allowed the rig-based mechanical causes to fester and ultimately explode in a fireball of death, personal injury, economic catastrophe, and environmental devastation.”

Referring to a “negative pressure test” performed by BP and Transocean hours before the blowout, the report states, “That such a simple, yet fundamental safety-critical test could have been so stunningly, blindingly botched in so many ways, by so many people, demonstrates gross negligence.”  The designation of “gross negligence” under the Clean Water Act, is an important distinction because it would mean the company could face $21 billion in civil damages alone—almost quadruple the penalty if “gross negligence” is not confirmed. BP also faces criminal charges.

The case may not go to trial, which is scheduled to begin January 14. Both sides are negotiating to reach a settlement to resolve both civil and criminal violations.  The Justice Department reportedly sought a $25 billion agreement from BP, but now may be willing to settle for $15 billion.

Justice Dept. Accuses BP of “Gross Negligence” over Gulf Oil Spill, AllGov.com, Sept. 7, 2012

Canada and its Nuclear Waste

Since the 1960s,  Canada’s nuclear power plants have generated more than two million bundles of highly radioactive used fuel. And they’re all still stored on the sites of the plants that produced them.But the pace of finding a site to store Canada’s most potent radioactive waste permanently is about to pick up.  Twenty Canadian communities have said they’ll consider volunteering to host the storage site.  That list is about to close. The Nuclear Waste Management Organization, whose job it is to find and build the site, will stop taking new names on Sept. 30, 2012.  The impending cut-off is ratcheting up the pressure on the technocrats charged with selecting a site; on the boosters who want to snare the multi-billion-dollar repository for their community; on the activists who harbour deep suspicions about safety; and on the aboriginal leaders who say they’ve been cut out of the process….

A fuel bundle for a Candu nuclear power reactor is about the size of a fireplace log. As of June 30, 2011, Canada had 2,273,873 used fuel bundles stored at its nuclear plants in Ontario, Quebec and New Brunswick.  Another 85,000 or so have been added since then.  In total, they’d fill about six NHL hockey rinks, stacked up as high as the boards.

The Nuclear Waste Management Organization, formed by the three electric utilities that run nuclear reactors, wants to bury the waste deep underground in caverns excavated from stable rock, where it can lie undisturbed forever.  The depth will probably depend on the site’s geology. A facility proposed to hold less-potent radioactive waste at the Bruce nuclear site near Kincardine will be 680 metres deep. By comparison, the CN Tower is 553 metres tall.  The NWMO is looking for a “willing” community to agree to take the $16-to-$24-billion project. The host community itself will decide how to define “willing.” Candidate communities will have multiple opportunities to withdraw if they get cold feet, the NWMO says.  As it moves through a nine-stage selection process, the NWMO hopes to have narrowed the field to one or two communities by 2015, then spend until about 2020 deciding on a specific site within the chosen community.  After that, it will take three to five years to do an extensive environmental assessment of the site. The proponents will also have to satisfy the Canadian Nuclear Safety Commission that their plan makes sense, and obtain a license to construct and operate the facility.  Then, it will take six to 10 years to build. The NWMO doesn’t expect the first bundles to be stored until 2035.  The plan is to seal the waste in sturdy, radiation-proof containers and store it deep in a stable rock formation where — even if the containers were to crack and leak — there’s be no danger of contaminating groundwater used by humans. (Although that’s the current strategy, the NWMO says it would consider a different plan if compelling evidence emerged that another technique is superior.)

Current designs call for surface buildings and facilities to cover about 100 hectares (250 acres), says the NWMO’s Michael Krizanc.  “As well, there may be a need to limit activities in the immediate area surrounding the surface facilities in order to meet regulatory or other requirements.”  Underground, the excavated caverns will cover an area of about 2.5 kilometres by 1.5 kilometres. That’s 375 hectares, or 930 acres.  “The NWMO would need to have rights to the land above the repository,” says Krizanc, but “alternative uses could be considered, with the community, for portions of the land.”….

Meanwhile in Saugeen Shores, a lively battle is under way as members of a citizens group dubbed save Save Our Saugeen Shores, or SOS, fights what they see as an attempt to impose the waste site on their community on the shore of the Great Lakes….SOS also worries that U.S. power plants might be able to force Canada to take U.S. nuclear waste in a Canadian waste site, through terms of the free trade agreement between the countries…..Up in Elliot Lake, contractors Stephen Martin and Marc Brunet can’t wait for the project to start….Elliot Lake has been identified with uranium since its founding, he shrugs: “We’re the uranium capital of the world…. This thing will be a tourist attraction. I think it’s the best thing that could happen.”

John Spears, Nuclear waste seeks a home, Toronto Star, Sept. 1, 2012

Oil, Somalia and the Fnal Frontier

Canadian oil and gas exploration company Horn Petroleum said  it had encountered only water in a well it drilled in Somalia’s semi-autonomous Puntland region earlier this year, the first to be sunk in the country since civil war erupted two decades ago.  The well, Shabeel North-1, reached a total depth of 3,945 metres and is now being plugged, Horn said.  Because there were no shows of oil and gas, Horn Petroleum determined a second well it drilled earlier in the year, Shabeel-1, also was dry and said the company would not test it further for hydrocarbon potential

“While we were disappointed that we were not able to flow oil from the first two exploration wells in our Puntland (Somalia) drilling campaign, we remain highly encouraged that all of the critical elements exist for oil accumulations, namely a working petroleum system,” Horn’s chairman Keith Hill said in a statement.  While there has been speculation about finding oil in the anarchic Horn of Africa country for decades, it has no proven hydrocarbon reserves. The prospect of oil beneath Dharoor’s sandy, arid plains has elicited excitement among officials of the impoverished region. The companies estimated there could be as much as 300 million barrels of recoverable oil in the northern part of Somalia.  Somalia, mired in conflict since warlords in the early 1990s and then Islamist militants reduced the government to impotence, represents one of the final frontiers in Africa to be explored.

Horn Petroleum’s Somali wells come up dry, Reuters, Aug. 28, 2012

UNESCO World Heritage: Failed States and Kleptocratic Elites

UNESCO’s World-Heritage regime began life 40 years ago, when dozens of countries signed up to the idea that the world’s cultural and natural patrimony was under threat not only from “traditional causes of decay” but also because of “changing social and economic conditions”. Among those who endorsed the principle was the Republican administration of Richard Nixon, which gave remarkably high priority to conservation and the environment. (Since then, America has had a stormy relationship with UNESCO; it cut off payments to the agency last year, under a law which denies funding to any body that admits Palestine.)

In many poorer countries which host heritage sites, the biggest changes since 1972 have been exploding populations and a huge rise in global tourism, combined with a lack of the governance needed to cope with both phenomena. Angkor Wat, a temple complex in Cambodia, and the Inca fortress of Machu Picchu in Peru (pictured above) are often cited as places of world-historical importance where a vast influx of tourists may be causing serious damage. By recognising and thus publicising individual sites, UNESCO and other cultural watchdogs risk harming the cause of conservation, which would be better served if visitors to the country were spread around a broader range of places.

But there are no easy ways to maintain heritage sites in relatively poor countries; it requires delicate balancing acts, much local diplomacy and long-term engagement, according to organisations that work in that field. Even a well-functioning state, be it democratic or authoritarian, will fail to conserve monuments unless local people see an interest in maintaining their heritage and using it rationally, says Vincent Michael, new chairman of the Global Heritage Fund (GHF), based in California. The effort will collapse if cultural heritage is seen either as a pesky impediment to making money, or as something to be exploited for short-term gain. Nor should local economies ever be too reliant on tourism, which can fall as rapidly as it rises….

But in many places where sites are at risk, government either does not operate at all, or functions only in the interest of a kleptocratic elite. In some such places, so-called non-state players (from warlords to private firms to religious leaders) are about the only things that really function at all…

One of the biggest global challenges to conservation, says the WMF’s president, Bonnie Burnham, is that national agencies which control precious places (culture ministries, for example) often have no say over what goes on—in terms of development, transport or sanitation—in the surrounding areas. That is one of the obstacles to conserving Inca sites in Peru…

As part of her agency’s [UNESCO] effort to stop the traffic in stolen art, Ms Bokova  [UNESCO’s director-general]has started a dialogue—a constructive one, she says—with commercial auction houses. Perhaps she should also be talking more to tour operators, and even darker forces, from the conservationists’ viewpoint, like road-builders and mining companies.

Excerpts, The Heritage Debate: Living Treasure, Economist, July 14, 2012, at 73

Indigenous Peoples Rights and Energy Projects: the Inter-American Court of Human Rights

Deep in the rainforest, the village of Sarayaku is two days by river from the nearest town. But its 1,200 Kichwa Indians are now in the spotlight. On July 25th the Inter-American Court of Human Rights ruled that Ecuador’s government had ignored the rights of Sarayaku’s residents when granting permission for an energy project—putting governments in the Americas on notice that big physical investments are not legal until the indigenous people they affect have had their say.

The dispute began in 1996 when Petroecuador, the state oil firm, signed a prospecting deal with a consortium led by Argentina’s Compañía General de Combustibles (CGC). Much of the area it covered was the ancestral land of Sarayaku’s residents, who were not consulted. CGC later offered locals medical aid for their consent. Some villages signed up, but Sarayaku held out.  Nonetheless, by early 2003 CGC had drilled 467 boreholes around the town for seismic surveying, and packed them with 1,433kg of high explosives. They were never detonated, and remain buried in the forest. As well as felling trees and destroying a sacred site, the company ruined some of Sarayaku’s water sources. Work ceased in 2003, and CGC’s contract ended in 2010.

The court found that the state had breached the villagers’ rights to prior consultation, communal property and cultural identity by approving the project, and that CGC’s tests had threatened their right to life. It ordered the government to pay damages, clear the remaining explosives and overhaul its consultation process. In future affected groups must be heard in a plan’s “first stages…not only when the need arises to obtain the approval of the community.” However, the judges did not ban prospecting on Sarayaku lands. The right to consultation does not grant a veto.

The ruling will be studied closely in the myriad Latin American countries struggling to balance big investments with local rights. A narrow reading of the decision suggests that governments must tiptoe around indigenous concerns, but can act more boldly when other groups protest, since the ruling was based partly on the International Labour Organisation’s Indigenous and Tribal Peoples Convention.

The ruling also shows that the regional justice system has not lost its mettle. In 2011 the Inter-American Commission on Human Rights, which litigates cases at the court, asked Brazil to halt work on the huge Belo Monte dam because its neighbours were not given a sufficient chance to speak up. Brazil’s government, which had authorised the dam only after a long public debate, saw this as a violation of its sovereignty. It did not comply, and stopped contributing money to the commission.  The commission was weakened by angering the region’s biggest country and by the criticism that it had exceeded its mandate. After Brazil presented new evidence in the case, the commission reversed its stance on Belo Monte. Moreover, last month the Organisation of American States voted to draft a reform plan for the commission, which some fear could strip it of important powers. Ecuador was among the commission’s loudest critics.

The Sarayaku case was not as heated as Belo Monte, since Ecuador’s government had already promised to pay damages. However, the court’s decision did strongly reassert its right to intervene in development cases. Moreover, Ecuador’s government plans to tender a big chunk of the Amazon for oil exploration later this year, despite indigenous opposition. If neither side backs down and the protesters appeal, the court’s next ruling on development in Ecuador may be far more contentious.

Indigenous rights in South America: Cowboys and Indians, Economist,July 28, 2012, at 32

For the Fear of Iran: The Nuclear Power in the Gulf

Saudi Arabia is pressing ahead with its ambitious plans to develop nuclear power to meet rising electricity demand and save oil for export.  But the outlook for other Arab states is less promising because of political turmoil and a lack of financial resources.  The Saudis have built a foreign assets cushion of around $500 billion from oil exports. It has used this immense wealth to buy its way out of trouble; for instance, heading off pro-democracy protests with massive social spending in recent years.  But, the Middle East Economic Digest observed, “a more serious set of challenges now faces the kingdom that threaten to be even more destabilizing.  “Inefficient and wasteful energy consumption, coupled with a rising population, is leading the kingdom to burn even more of its natural resources at home rather than selling them abroad and adding to the proceeds of the half-trillion-dollar cash pile.  “Unless action is taken, the kingdom could find it needs the oil price to be $320 a barrel by 2030 just to balance the budget,” the weekly, published in the United Arab Emirates, warned.  Nuclear power is seen as the solution. But, as MEED stressed, “time is of the essence.”

For one thing, Saudi Arabia and other Arab states, including the United Arab Emirates, Kuwait, Qatar and Egypt, have no wish to lag any further behind Iran and Israel in developing nuclear technologies.  In 2010, the King Abdallah Center for Atomic and Renewable Energy, known as KAcare, was established to oversee the gulf state’s nuclear program under its president, Hashim bin Abdullah Yamani, who was accorded ministerial powers.  KAcare consultant Ibrahim Babelli said in 2010 it took 3.4 million barrels of oil equivalent a day — known as boe/d — to power electricity generation. This is expected to more than double by 2028 to 8.3 million boe/d.

The aim of the Saudis’ $100 billion nuclear program is to achieve an electricity output of 110 gigawatts by 2032.  The Financial Times reports that in 2009, the latest data available, Saudi electricity capacity was 52GW from 79 power stations.  At least 16 nuclear reactors, each costing around $7 billion, are planned, with the first producing by 2019.  Some estimates state the kingdom, the world’s largest oil exporter, will burn as much as 1.2 million barrels of oil daily on electricity production, almost double the 2010 total, to meet domestic and industrial demand.  This is crucial, as the Saudis are driving to build an industrial infrastructure to sustain the economy when the oil fields run down. Some have already begun to decline.  For total reliance on nuclear power, Babelli says, 40-60 reactors would be needed by 2030. That’s four-six reactors per year from 2020.  “That’s stretching it,” he said. “The answer is an energy mix.”

That means fossil fuels will still be needed, probably as the primary energy source, while wind, solar and nuclear power capabilities are developed. KAcare is developing solar power projects that MEES estimates should produce 41GW within 20 years with geothermal and waste-to-energy systems providing 4GW.  The Emirates, which launched its nuclear energy program in 2009, is the most advanced in the Arab world, with Saudi Arab running second.  The United Arab Emirates’ $30 billion program — $10 billion more than originally planned — is smaller in scale than that in Saudi Arabia.  Both states benefit from political stability and vast financial reserves. Other regional states are less fortunate.

Bahrain, Qatar, Kuwait, Egypt and Jordan all have announced plans to invest in nuclear energy to crank up electricity generation but all have lagged behind or scrapped their programs because of lack of funds or foreign investment.  “Kuwait has the cash,” MEED reported, “but it’s been through eight governments in the past six years.”  Sunni-ruled Bahrain, an island state neighboring Saudi Arabia, “continues to face destabilizing protests by its majority Shiite population and its budget is already in deficit.”  Egypt remains convulsed by the political turmoil that ensued following the February 2011 overthrow of President Hosni Mubarak, its economy sagging dangerously.  In Jordan, heavily reliant on foreign aid, parliament recently scrapped nuclear plans as “hazardous and costly.”  Failure to start boosting electricity generation for burgeoning populations in the coming decades almost certainly will mean more political upheavals.

Saudis, Emirates push nuclear power plans, UPI,July 26, 2012

The Essence of Imperialism: Australia in the Pacific

Nor is it the first time Vanuatu has clashed with the Australian Federal Police (AFP). In 2004 its government closed down the AFP offices in the capital, Port Vila, and expelled officers, after allegations that they were spying and interfering with domestic politics. The AFP’s main concerns in Vanuatu have been over the country marketing itself vigorously as an international tax haven, and over the risk posed by the volatile Vanuatu Mobile Force, the paramilitary wing of the local police force. Protecting Australia’s national interests under the guise of so-called capacity-building can quickly lead to tensions.

The AFP’s activities in Vanuatu have been part of a broader expansion over the past decade of Australian policing across the Pacific. Peacekeeping missions to Timor-Leste since 1999 and to the Solomon Islands, beginning in 2003, boosted police numbers. In the past decade, the AFP has trebled in size and increased its budget fivefold. The AFP commissioner now has an influential role on the Australian cabinet’s national-security committee. In Australia most domestic policing is carried out by state police forces, leaving the federal force largely free, outside aboriginal communities in the Northern Territory, to focus on international deployments.

Their efforts have often led to accusations of heavy-handedness. In 2005 a mission to Papua New Guinea was abandoned after that country’s Supreme Court ruled that legal immunities granted to AFP officers were unconstitutional. In 2006 the Solomon Islands’ police chief, Shane Castles, an Australian, was sacked and declared an “undesirable immigrant” after a raid by his police officers on the office of the prime minister. That raid was connected with the AFP’s long-standing pursuit of the Solomon Islands’ then attorney-general, Julian Moti, on charges of sex with an underage girl. Mr Moti was deported to Australia in 2007, arrested and brought before the courts. In December 2011 the High Court threw the case out, finding that Australian officials had colluded in Mr Moti’s illegal deportation.

The Australian Federal Police in the Pacific: Booting out big brother, Economist, May 19, 2012, at 49

Resuscitating Collapsed Fisheries: catch shares

For American fish, this is a good time to be alive. On May 14th, 2012 the National Oceanic and Atmospheric Administration (NOAA) reported that a record six federal fisheries returned to health last year. After a decade of similar progress, 86% of America’s roughly 250 federally monitored commercial fish stocks were not subject to overfishing; 79% were considered healthy…

In the late 1980s cod fisheries in the Gulf of Maine and Georges Bank collapsed. This led to efforts to improve the fishery act, in 1996 and 2006, which forced the eight regional bodies that manage federal fisheries to introduce science-based quotas and ten-year recovery programmes for depleted fisheries. The recent recovery of species, including New England scallops, mid-Atlantic bluefish and summer flounder and Pacific lingcod, is the result. This signals another truth: given a break, the marine environment can often replenish itself spectacularly.

America’s fisheries are probably now managed almost as well as the world’s best, in Norway, Iceland, New Zealand and Australia. Yet there is plenty of room for improvement. State-run fisheries, which tend to be close to shore and dominated by small-scale and inefficient fishermen, are less well funded and well managed and much poorer for it. New England groundfish stocks, including cod, have also not recovered: they account for 13 of the remaining depleted populations. This appears to be partly the result of environmental change, climatic or cyclical.

And the politicians are still interfering. On May 9th the House passed legislation forbidding NOAA from developing an innovative means of apportioning fishing quotas, known as catch shares. These are long-term, aiming to give fishermen a stake in the future of their fisheries; market-based, since they can be traded; and, in practice, good for fish. Sadly, the two Republican congressmen behind the ban consider they have been designed “to destroy every aspect of American freedom under the guise of conservation”.

Fish stocks: Plenty more fish in the sea, Economist, May 26, 2012, at 32

What is In-Q-Tel? Technology Branch of CIA

Throughout its lifetime, the CIA has operated at the cutting edge of science and technology. From the U-2 spy plane to the CORONA satellite, CIA’s “wizards of Langley” earned a reputation for bold innovation and risk taking, working in advance of the private sector and other branches of government. Much of CIA’s technology success was a result of identifying gaps and opportunities.  By the late 1990s, the pace of commercial innovation had overtaken the ability of government agencies to develop and incorporate new technologies. Private industry represented technical insights and innovation far too important to ignore. Driven by private sector R&D investment, these commercial technologies addressed many of the same information technology, biotechnology, communications, and energy challenges that faced the Intelligence Community.

In 1998, CIA identified technology as a top strategic priority, and set out a radical plan to create a new venture that would help increase the CIA’s access to private sector innovation. In-Q-Tel was chartered in February 1999 by a group of private citizens at the request of the Director of Central Intelligence and with the support of the U.S. Congress. IQT was tasked with building a bridge between the Agency and a new set of technology innovators.

From the website IQT (2012)

Industrial Revolution in Genetic Engineering: Military

From DARPA’s Website: Living Foundries

Current approaches to engineering biology rely on an ad hoc, laborious, trial-and-error process, wherein one successful project often does not translate to enabling subsequent new designs. As a result, the state of the art development cycle for engineering a new biologically manufactured product often takes 7+ years and tens to hundreds of millions of dollars (e.g. microbial production of artemisinic acid for the treatment of malaria and the non-petroleum-based production 1,3-propanediol).

[DARPA Goal]

Transforming biology into an engineering practice would enable on-demand production of new and high-value materials, devices and capabilities for the Department of Defense (DoD) and address complex challenges that today have no or few solutions.

The Living Foundries Program seeks to create the engineering framework for biology, speeding the biological design-build-test cycle and expanding the complexity of systems that can be engineered. The Program aims to develop new tools, technologies and methodologies to decouple biological design from fabrication, yield design rules and tools, and manage biological complexity through abstraction and standardization. These foundational tools would enable the rapid development of previously unattainable technologies and products, leveraging biology to solve challenges associated with production of new materials, novel capabilities, fuel and medicines. For example, one motivating, widespread and currently intractable problem is that of corrosion/materials degradation. The DoD must operate in all environments, including some of the most corrosively aggressive on Earth, and do so with increasingly complex heterogeneous materials systems. This multifaceted and ubiquitous problem costs the DoD approximately $23 Billion per year. The ability to truly program and engineer biology, would enable the capability to design and engineer systems to rapidly and dynamically prevent, seek out, identify and repair corrosion/materials degradation.

Accomplishing this vision requires an approach that is more than multidisciplinary – it requires a new engineering discipline built upon the integration of new ideas, approaches and tools from fields spanning computer science and electrical engineering to chemistry and the biological sciences. The best innovations will introduce new architectures and tools into an open technology platform to rapidly move new designs from conception to execution.  Performers must ensure and demonstrate throughout the program that all methods and demonstrations of capability comply with national guidance for manipulation of genes and organisms and follow all guidance for biological safety and Biosecurity.

A Broad Agency Announcement (BAA) solicitation for phase one, Advanced Tools and Capabilities for Generalizable Platforms (ATCG), closed in November, 2011. The BAA called for the development of the advanced, translatable tools and capabilities that will make up an end-to-end technology platform for rapidly, safely and predictably engineering biological production systems. The goals of these advanced tools and capabilities are to compress the biological design-build-test cycle by at least 10x in both time and cost while increasing the complexity of the systems that can be designed and executed by orders of magnitude. These advancements should enable the ability to rapidly design and build new systems to create novel capabilities and to address complex challenges.

Kamikaze Drones: Shortening the Kill Chain

The 2-foot-long Switchblade drone [unmanned aerial vehicle (UAV)] is so named because its wings fold into the fuselage for transport and spring out after launch. It is designed to fit into a soldier’s rucksack and is fired from a mortar-like tube. Once airborne, it begins sending back live video and GPS coordinates to a hand-held control set clutched by the soldier who launched it.  When soldiers identify and lock on a target, they send a command for the drone to nose-dive into it and detonate on impact. Because of the way it operates, the Switchblade has been dubbed the “kamikaze drone.”

The Obama administration, notably the CIA, has long been lambasted by critics for its use of combat drones and carelessly killing civilians in targeted strikes in Pakistan, Afghanistan, Iraq, Yemen and Somalia. In 2010, a United Nations official said the CIA in Pakistan had made the United States “the most prolific user of targeted killings” in the world.

The Switchblade drone appears to be an improvement as an alternative to traditional drone strikes, in terms of minimizing civilian harm, but it also raises new concerns, said Naureen Shah, associate director of the Counterterrorism and Human Rights Project at Columbia Law School.  She pointed out that when a drone strike is being considered there are teams of lawyers, analysts and military personnel looking at the data to determine whether lethal force is necessary. But the Switchblade could shorten that “kill chain.”  “It delegates full responsibility to a lower-level soldier on the ground,” she said. “That delegation is worrisome. It’s a situation that could end up in more mistakes being made.”  Arms-control advocates also have concerns. As these small robotic weapons proliferate, they worry about what could happen if the drones end up in the hands of terrorists or other hostile forces.

The Switchblade “is symptomatic of a larger problem that U.S. military and aerospace companies are generating, which is producing various more exotic designs,” said Daryl Kimball, executive director of the Arms Control Assn. “This technology is not always going to be in the sole possession of the U.S. and its allies. We need to think about the rules of the road for when and how these should be used so we can mitigate against unintended consequences.”

The Switchblade is assembled in Simi Valley by AeroVironment Inc., the Pentagon’s top supplier of small drones, which include the Raven, Wasp and Puma. More than 50 Switchblades will be sent to the war zone in Afghanistan this summer under a $10.1-million contract, which also includes the cost of repairs, spare parts, training and other expenses. Officials would not provide details about where the weapons would be used, how many were ordered and precisely when they would be deployed.  AeroVironment, based in Monrovia, developed the weapon on its own, thinking the military could use a lethal drone that could be made cheaply and deployed quickly by soldiers in the field, said company spokesman Steven Gitlin.

“It’s not inexpensive to task an Apache helicopter or F-16 fighter jet from a base to take out an [improvised explosive device] team when you consider fuel, people, logistics support, etc.,” he said.

About a dozen Switchblades were tested last year by special operations units in Afghanistan, according to Army officials, who said the drone proved effective.  The Army is considering buying $100 million worth of the drones in a few years under a program called the Lethal Miniature Aerial Munition System, Nichols said. The Air Force and the Marine Corps have also expressed interest in the technology.

AeroVironment is not the only company pursuing small, lethal drones. Textron Defense Systems is also working on a small kamikaze-style drone. Named the BattleHawk Squad-Level Loitering Munition, the drone is being tested at an Army facility in New Mexico.

Excerpts, W.J. Hennigan, Pentagon to soon deploy pint-sized but lethal Switchblade drones, LA Times, June 11, 2012

Drug Markets, Patents and the Developing World

Sales of antiretroviral drugs in America and the five biggest European markets reached $13.3 billion in 2011, according to Datamonitor, a research outfit…. Publicly funded research has played a larger role in developing drugs for HIV than for other diseases. A study published last year in Health Affairs found that HIV drugs were three times as likely to involve a patent from the public sector. HIV also has special status among regulators. America’s Food and Drug Administration (FDA) created a faster way to review HIV drugs, allowing them on the market before the most expensive stage of clinical trials.

In total, public and private investment has yielded more than two dozen HIV drugs. In 1987 Burroughs-Wellcome (now part of GlaxoSmithKline) introduced the first one, tackling an enzyme that helps the virus progress inside human cells. In 1995 Hoffmann-La Roche, a Swiss drug firm, launched the first protease inhibitor, which interrupts the virus at a later stage of replication….One company stands out: Gilead, of California. A late entrant to the HIV race, Gilead quickly took the lead. Its strategy was simple: the more convenient the treatment, the better. In 2004 Gilead launched Truvada, a once-a-day, one-pill combination of two drugs. In 2006 it introduced Atripla, a once-a-day, one-pill combination of Truvada and another treatment. Atripla’s average wholesale price in America is nearly $25,000 per patient, per year. In 2011 its global sales reached $3.2 billion.  More good news for Gilead has come in recent weeks. An FDA panel recommended Truvada for preventive use: ie, to protect healthy people from contracting the virus. Another FDA panel endorsed Gilead’s new Quad pill, which is the simplest, most effective combination drug to date.

If the process for developing HIV drugs has been unusual, selling them has been even more so. America is the rich world’s biggest market, with 841,000 patients diagnosed—ten times as many as in Britain. More than 60% of HIV drugs in America are bought with public money. Insurers give HIV special treatment: patients are rarely pressed to buy the cheapest pills, as they might be if they had another disease.

Distributing drugs in poor countries is harder. A decade ago, hardly any poor people could afford them. At first, drugs firms handled this badly. In 1998, 39 big Western firms sued South Africa to protect their HIV patents. Global uproar ensued; the firms backed down in 2001.  Then two things changed. First, rich countries started donating vast sums to fight AIDS in poor ones. In 2000 there was less than $2 billion for HIV programmes each year; by 2010 there was $15 billion, thanks to the Global Fund to Fight AIDS, Tuberculosis and Malaria and George Bush junior’s President’s Emergency Plan for AIDS Relief (PEPFAR).

Second, the price of AIDS drugs plunged. In May 2000 a year’s “triple cocktail” therapy cost $10,000 or so. By 2011 the same pills sold for $62 in poor countries. PEPFAR cash buys generic versions of patented drugs, which may be supplied only to poor countries. Last year two drugmakers won most of PEPFAR’s contracts: Aurobindo, an Indian firm, and Matrix, an Indian firm acquired in 2007 by Mylan, an American one. PEPFAR’s bidding system keeps margins slim even by the standards of the generics industry, says Rajiv Malik, the president of Mylan. But volumes are huge.

Can treatment expand further? Despite the subsidies and the plunge in prices, less than half of those infected with HIV take HIV drugs. Those who do, however, live a long time, and they have to keep taking the pills. What’s more, new studies show that it helps to start treating patients early, so demand is sure to rise.  Alas, aid dipped in 2009 and 2010, thanks to the financial crisis. To make matters more complicated, there is a trade-off between more drugs and better ones. Most patients in poor countries get outdated pills, according to Médecins Sans Frontières. Allowing generics firms to copy yet more patented drugs might help. Since 2006 Gilead has licensed drugs to generics firms for 5% royalties. Last year it went further, agreeing to license drugs to a “patent pool” to centralise royalty deals for a range of firms. So far, however, Gilead is the only Western company to join….

There are two distinct HIV markets. In rich countries, many good treatments jostle for market share. The best will generate fat profits, since patients have to take their pills every day. But Datamonitor predicts that growth will slow after 2017, as many drugs lose patent protection and prices crash. In poor countries, by contrast, Big Pharma makes very little money but the most efficient copycats thrive. Meanwhile, the world still waits for a cure.

The business of HIV: Battling the virus, Economist, June 2, 2012,at 80

China and its Collaborators in Africa

Congolese critics accuse Sassou-Nguesso [President of Congo] of using the Chinese-backed building boom to move from his ‘authoritarian-authoritarian’ model to something nearer the ‘developmental authoritarian’ style of Rwanda’s President Paul Kagame. However, Sassou-Nguesso was in triumphant mode as he inaugurated a spate of Chinese construction projects in the country’s hinterland on 14-18 May. These projects are intended to bring the benefits of oil-backed growth to regions previously isolated from the bustling cities of Brazzaville and Pointe-Noire.  Now known locally as ‘The Cutter of Ribbons’, Sassou-Nguesso is using oil money and plans to develop Congo-Brazzaville’s mineral resources to shape a new relationship with China. Once a key commercial and diplomatic ally of France, Sassou-Nguesso’s headlong rush to Beijing coincides with the election of President François Hollande. Hollande’s African policy team promises to break with the old Françafrique networks. Among their advisors is the activist lawyer William Bourdon, who has been pursuing a case against Sassou-Nguesso in France for stealing Congolese state assets…..

From fibre-optic installation and new dams to more than 1,000 kilometres of paved roads, companies like China Road and Bridge Corporation and China State Construction Engineering Corporation have quietly landed most of the major contracts issued by the Brazzaville government.  That means large profits and more deals to come.

Congo-Brazzaville, for so long the preserve of European companies, is drawing serious attention from China. The two countries have signed deals to develop special economic zones, build a new oil port and revamp an ageing refinery. For the Chinese investors, the lure is Congo-Brazzaville’s rich but under-exploited resource base. Having relied for decades on offshore oil riches and forestry, the country has until recently made little effort to exploit its mineral deposits, develop its more remote regions or diversify the economy into commerce and services. That could change if the new Asian relationships live up to their billing. For Sassou-Nguesso, the big attraction is an engagement based purely on economic and financial criteria, with a partner who does not impose awkward governance or human rights conditions.

This is not Congo’s first encounter with Asian investment. South Korean and Malaysian companies, via the Consortium Congo Malaisie Corée, had proposed a huge resources-for-infrastructure deal that would build new rail lines in exchange for access to forestry and mining permits in 2008. That deal didn’t work out but the Chemin de Fer Congo Océan received part of its order of engines and cars from Korail in August 2011. Malaysian investors have looked at opportunities in the hydrocarbons sector and – building on their experience of rural Congo in the timber business – palm oil production. In 2010 Atama Plantation agreed to invest $300 million in new oil palm plantations and processing capacity.

The most recent interest from Chinese entities takes the engagement a step further. Alain Akouala Atipault, a Minister in the Presidency, was China’s guest at an international infrastructure and investment forum in Macau where, on 24 April, he signed an agreement with the China Friendship Development International Engineering Design and Consult Corporation (FDDC) – an offshoot of the Trade Ministry in Beijing.  FDDC will seek out Chinese investors interested in setting up operations in four special economic zones, which Congo plans to establish in Brazzaville, Pointe- Noire, Ouesso and the Oyo-Ollombo area. FDDC will also help to mobilise financing for the zones, build their infrastructure and carry out feasibility studies……

China’s engagement in Congo is typical of its strategy elsewhere in Africa. Beijing often takes a long-term view of whether projects will generate an economic return. Viability is seen in broad terms, encompassing not just the specific project’s concerns but also the wider trade and political benefits of partnership and the political goodwill that could open up access to valuable natural resources. Congo has both major reserves of high-value timber – a sector where Congo Dejia Wood Industry, Jua Ikié, Million Well Congo Bois, Sino-Congo Forêt and Société d’Exploitation Forestière Yuan Dong are already active – and reserves of minerals such as iron ore and potash, which are largely untouched.

China National Complete Plant Import & Export Corporation is developing the potash reserves at Mengo with Canada’s MagIndustries; Australia’s Sundance Resources relies on finance and expertise from Hanlong Mining and other Chinese infrastructure companies to make its designs on iron-ore projects in Cameroon (Mbarga) and Congo-Brazzaville (Nabeba) viable. Sundance is waiting for final approvals from Yaoundé and Brazzaville and expects all the paperwork to be signed before the end of 2012.

Beijing’s policy of ignoring questions of democracy and human rights is certainly helpful to Sassou-Nguesso’s regime – which has a poor human rights record, is marred by widespread corruption and remains fundamentally authoritarian despite the trappings of a multiparty system.

Excerpt, Congo-Brazzaville: Sassou Draws in Beijing,AllAfrica.com, June 2, 2012

Chevron and Amazon: the $18 billion Ecuador Liability

The D.C. Circuit Court of Appeals  on June 12, 2012  (pdf) dealt another setback to Chevron over its $18 billion Ecuador liability, reversing a lower court decision that allowed the oil giant access to documents from a prominent consulting group for the Amazon rainforest communities that sued the company.