Topics in Brief

AuthorInternational Law Group
U S. Supreme Court upholds EPA's rejection of Alaska's emissions permit to Canadian company

Teck-Cominco Ltd. (TCL) of Canada, the world's leading supplier of zinc, mines much of it in northern Alaska. In 1999, it applied to the Alaskan environmental authorities for a permit to build a diesel-fired generator at its Red Dog Mine. Despite objections from the U.S. Environmental Protection Agency (EPA), the state granted the permit. The EPA then substantially annulled the Alaskan permit, inter alia, because it allowed TCL to adopt a cheaper -- but less effective -- system to reduce emissions. TCL and Alaska challenged the orders in federal court, the case eventually reaching the Supreme Court. In a 5 to 4 split, that Court upholds the EPA's power to halt the building of the generator. The majority agrees with the EPA that Alaska's decision as to TCL's proposed emissions controls had been "unreasonable."

    Citation: Reuters News Service (online), Washington, D.C., Wednesday, Jan. 21, 2004 (byline of James Vicini). [Alaska Dept. of Environmental Conservation, v. U.S. Environmental Protection Agency, 124 S. Ct. 983, 72 U.S.L.W. 4133 (U.S.S.C. 2004)].
ICSID tribunal rejects U S. company's $9 billion claim against Ukraine

On September 16, 2003, the Arbitration Tribunal of the International Centre for the Settlement of Investment Disputes (ICSID) at the World Bank issued a unanimous decision in favor of the Ukraine in the case of Generation Ukraine, Inc.(GUI) v. Ukraine. GUI is a U.S. company. The dispute arose over the design of an office building in Kiev [Kyiv] and the alleged expropriation of GUI's investment. The tribunal rejected the company's claim for damages, and also ordered GUI to pay Ukraine's arbitration costs of $365,000.

    Citation: ICSID, Generation Ukraine, Inc. v. Ukraine (Case No. AB/00/9) (September 16, 2003); Ukraine Business Report (September 24, 2003); [Information and summary submitted by attorneys: Sergei Voitovich, Dmitry Grischenko...

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