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Topic: Metalclad

In the News (Thu 31 Dec 09)

Northern Trust

Marvin Harrison

Peter Chernin

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Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	CL&M -- 'Metalclad' Decision Under NAFTA's Chapter 11
		Metalclad claimed (and the arbitrators appear to have agreed) that both INE's president and the director-general of Mexico Secretariat of Urban Development and Ecology (SEDUE) advised Metalclad that, except for a federal operating permit, all required permits for the facility had been secured by Coterin.
		Metalclad claimed (and Mexico denied) that INE assured it that, while no municipal permit was required, it would facilitate amicable relations to secure such a permit, which could not be denied by the City.
		While the action was pending, INE granted Metalclad a further permit authorizing a substantial expansion of the landfill capacity, though the facility remained dormant, presumably because of the preliminary injunction and the alleged necessity for the municipal construction permit.
	www.clm.com /pubs/pub-990359_1.html (1427 words)

	MAI and the Metalclad Case
		Metalclad took over the facility, which had a history of contaminating local groundwater, with the obligation that it clean up preexisting contaminants.
		Metalclad claims the Mexican federal government is (unofficially) encouraging the company's NAFTA lawsuit so that it can deflect the political fall-out of forcing the state to open the facility.
		If Metalclad's claim that the Mexican federal government supports the suit is indeed accurate, this case raises the disturbing possibility that investors can use their rights to collude with governments to force unwanted, or even dangerous investments on unwilling populations.
	www.canadianliberty.bc.ca /relatedinfo/metalclad.html (788 words)

	Defence Of Canadian Liberty Commitee - Mexico vs Metalclad Full Reasons for Judgement Tysoe
		Metalclad completed its purchase of COTERIN without either of these conditions being satisfied (although Metalclad alleged in the arbitration, and the Tribunal found, that Mexican federal officials had assured Metalclad that COTERIN had all the authorities required to undertake the landfill project).
		Metalclad relied on the events which had occurred up to the time of the commencement of the arbitration proceeding and, as noted above, it also relied on the Ecological Decree which was announced after the arbitration process had been initiated by Metalclad.
		If Metalclad wishes to pursue the portion of the interest contained in the Award which I have set aside, by establishing a breach of Article 1105 or Article 1110 prior to the issuance of the Decree without regard to the concept of transparency, the matter is remitted to the Tribunal.
	www.canadianliberty.bc.ca /nafta/mexico_vs_metalclad.html (13518 words)

	PEN-L message, Metalclad -- what NAFTA, MAI are all about
		Metalclad is claiming that the zoning constitutes a seizure of the company's property -- a seizure that, under the property rights extended by NAFTA, requires that the offending government compensate the company.
		While Metalclad would have a very difficult time convincing a U.S. court that the "taking" is compensable, the broad language of the NAFTA expropriation provision sets a higher standard for investor rights, skewing international law against public interest regulation.
		If Metalclad's claims are indeed accurate, this case raises the disturbing possibility that investors can use their rights to collude with governments to force unwanted, or even dangerous investments on unwilling populations.
	archives.econ.utah.edu /archives/pen-l/1998m02.a/msg00058.htm (904 words)

	Mexico v. Metalclad Corp.
		The Covenio contained numerous provisions, the most important of which were that Metalclad would be permitted to operate the landfill for an initial period of five years and that it would remediate the previous contamination during the first three years of this period.
		However, the primary relationship between Metalclad and Mexico was one of investing and the exercise of a regulatory function by the Municipality was incidental to that primary relationship.
		Metalclad complied with this requirement because it asserted the claim based on the Ecological Decree in its memorial, which was the first written submission in the arbitration.
	www.lawsite.ca /IAWJ/metalclad.htm (13936 words)

	01/02/12, Mexico vecht uitspraak NAFTA-tribunaal in Metalclad-zaak (Site not responding. Last check: 2007-10-07)
		Metalclad, a United States company seeking to operate a toxic waste disposal at a Mexican land site, sued Mexico under NAFTA over the refusal of a Mexican municipality and a state of Mexico to allow Metalclad to use the land site for disposal of toxic waste.
		Counsel for Metalclad told the Honourable Mr Justice Tysoe on January 31,2001 that at the Tribunal hearings, Mexico conceded that under NAFTA the national Government of Mexico is responsible for the actions of its subsidiary governments.
		Metalclad also had received written information that the Municipal President was opposed to the landfill, and the local counsel had advised it may require a “municipal manifest”.
	www.cb3rob.net /~merijn89/ARCH1/msg00058.html (2205 words)

	Mexico v. Metalclad - Reasons for Judgement (Canadian Union of Public Employees)
		The Tribunal that decided Metalclad’s damage claim, ruled that the local community had no right to deny the company a permit just because of environmental and public health concerns, or because the company had built first and asked for permission second.
		Justice Tysoe’s decision had to do with his willingness to judge the Metalclad award by the same limited standards that would apply to an arbitral award arising from private dispute between parties to a commercial contract.
		The Tribunal had used this rule to substantially broaden the scope for private enforcement of NAFTA rules by awarding damages to Metalclad for a purported breach of transparency obligations that had nothing to do with the treaty’s investment rules.
	www.cupe.ca /www/TradeUpdates/3999 (1458 words)

	Anderson v. Metalclad Insulation Corp. - California Personal Injury Lawyers
		Warren L. Anderson, Jr., appeals from a judgment entered in favor of Metalclad Insulation Corporation (Metalclad) after the court granted Metalclad's motion for summary judgment on the ground that Anderson's complaint seeking recovery for asbestos related injury was filed after the limitations period specified in Code of Civil Procedure section 340.2.
		Anderson contends that the court erred in shifting the burden to Anderson to submit evidence that he was not disabled, because the evidence Metalclad submitted was insufficient to support the inference that Anderson was disabled, as that term is defined in section 340.2, more than one year before the complaint was filed.
		Metalclad answered the complaint, and raised as one of its affirmative defenses that the complaint was "barred by the applicable statutes of limitation."
	www.napil.com /PersonalInjuryCaseLawDetail30972.htm (531 words)

	Metalclad Corp. v. United Mexican States (Site not responding. Last check: 2007-10-07)
		The Metalclad Corporation, a U.S. waste disposal company, instituted arbitration proceedings against Mexico under the ICSID Additional Facility Rules.
		Metalclad alleged breaches of NAFTA Articles 1102, 1103, 1104, 1105, 1106(1)(f), 1110 and 1111.
		On August 30, 2000, the Metalclad tribunal issued an award in favor of the investor in the amount of $16.7 million.
	www.state.gov /s/l/c3752.htm (193 words)

	Isolating switch of a high voltage metalclad installation - Patent 4748303
		An isolating switch of a metalclad installation having an earthed metal enclosure is filled with a high dielectric strength gas.
		The isolation gap "d" separating the stationary contact from the movable sliding pin is surrounded by an annular electrode fitted between this isolation gap "d" and the enclosure.
		It has been noted that in a metalclad installation comprising an earthed metal enclosure, the arc drawn between the isolating switch contacts is liable under certain severe conditions to migrate towards the enclosure and bring about an internal arc breakdown to earth.
	www.freepatentsonline.com /4748303.html (2032 words)

	The Metalclad case and the MAI
		Metalclad claims that this action expropriated its future expected profits and is seeking $90 million in damages -- a figure that is larger than the combined annual income of the whole population in the county where the plant is located.
		Metalclad is claiming that the zoning law constitutes an effective seizure of the company's property -- a seizure that, under the property rights extended by the NAFTA, requires that the offending government compensate the company.
		If Metalclad's claim that the Mexican federal government supports the suit is accurate, this case raises the possibility that investors can use their rights to collude with governments to force unwanted, even dangerous investments on unwilling populations.
	www.greenleft.org.au /back/1998/331/331p23b.htm (789 words)

	Latin Trade: Down In The Dumps - Metalclad finds Mexico's waste management industry to be a mess (Site not responding. Last check: 2007-10-07)
		Metalclad is now awaiting the final verdict in a January 1997 lawsuit filed against Mexico alleging that the government of San Luis Potosi expropriated the company's property.
		Back in March 1993 when Metalclad committed its first $6 million to get its project underway, "we simply saw it as a business opportunity," recalls Kesler, whose interest was first piqued at a New York meeting of Mexican environmental officials with potential investors.
		Metalclad eventually did meet with community leaders near the site, but it was too late.
	www.findarticles.com /cf_dls/m0BEK/3_8/60007978/p1/article.jhtml (1231 words)

	[Radio-headlines] headlines & story possibility: Metalclad NAFTA decision review in BC court (fwd)
		Counsel for Metalclad told the Honourable Mr > > > Justice Tysoe on January 31,2001 that at the Tribunal hearings, Mexico > > > conceded that under NAFTA the national Government of Mexico is responsible > > > for the actions of its subsidiary governments.
		Metalclad also had received written > > > information that the Municipal President was opposed to the landfill, and > > > the local counsel had advised it may require a "municipal manifest".
		Metalclad had filed legal proceedings within the Mexican domestic > > legal > > > system, lost, appealed, abandoned appeals, then tried negotiating with the > > > municipality with facilitation by the State and the Ambassador of Mexico > > in > > > 1996 -97.
	archives.lists.indymedia.org /radio-headlines/2001-February/000059.html (3835 words)

	Detection device of an internal arc in a metalclad electrical installation including a light-gathering rod - Patent ...
		The invention relates to an arc detector for a gas-insulated electrical installation having an elongated sealed enclosure filled with a high dielectric strength gas, comprising an optic light sensor located in said enclosure and an optic fiber to transmit the light signal supplied by the sensor to a processing device located outside the enclosure.
		In the figures, a busbar of a metalclad substation comprises a sealed enclosure with a cylindrical wall 10, filled with a high dielectric strength gas, such as sulphur hexafluoride, and containing a conducting bar 11, coaxially supported by support insulators 12 located at intervals along the bar 11.
		In a threaded orifice 13, arranged in the wall 10 of the enclosure or in a sleeve welded to this wall there is screwed an arc detector 14, passing tightly through the wall 10.
	www.freepatentsonline.com /5170050.html (1809 words)

	Metalclad Corporation
		According to Professor Parker “We created these reports in response to two inescapable trends: a return to fundamentals and globalization.” The goal of these reports is to assist consultants, financial managers, strategic planners, and corporate officers in gauging indicators of Metalclad Corporation’s financial and human resource structure.
		The results are two specialized reports: (1) global financial benchmarks using common-size statement ratios (vertical analysis), and (2) labor-productivity and utilization measures collected across borders.
		For each part of the financial statement, the larger structural differences and gaps between Metalclad Corporation and the global benchmarks are provided with summary tables of ranks and percentiles.
	www.icongrouponline.com /PR/Metalclad_Corporation_US/PR.html (635 words)

	Metalclad in Mexico ~ (B)
		The first traces the process by which Metalclad, a small California company, ultimately wins a NAFTA dispute settlement process judgment against Mexico for illegal expropriation of the company's property in the state of San Luis Potosi.
		Second, the case discusses the problems that led to the company's failed investment in a second waste disposal facility, this time in the state of Aguascalientes.
		As with "Metalclad in Mexico (A)," this case focuses heavily on host-investor relations and on the politics of the environment.
	www.t-bird.edu /faculty_research/case_series/cases_2001/metalclad_b.htm (187 words)

	Metalclad
		Metalclad intended to clean up the site and expand the plant to handle hazardous waste from the US.
		The local government declared the area an ecological preserve in an effort to protect the only source of fresh water in the area, and Metalclad was unable to obtain the necessary government permits for expansion.
		Metalclad sued the Mexican government for US$100 million under NAFTAís chapter 11, which allows private corporations to sue governments for loss of future potential profits.
	www.mail-archive.com /pen-l@galaxy.csuchico.edu/msg62626.html (285 words)

	Metalclad case threatens municipal government’s right to act in the public interest (Canadian Union of Public ...
		Metalclad case threatens municipal government’s right to act in the public interest (Canadian Union of Public Employees)
		Metalclad case threatens municipal government’s right to act in the public interest
		Metalclad successfully sued the Mexican government under NAFTA because one of its city governments refused to let the US multinational operate a toxic waste dump in their city.
	www.525.cupe.ca /www/NAFTA/4962 (479 words)

	En;Reuters,Mexico offers NAFTA pay settlement to Metalclad,Jun 13 (Site not responding. Last check: 2007-10-07)
		Metalclad said in a statement that definitive terms of the settlement agreement were still being negotiated.
		The company said the settlement agreement could not be considered binding until final closing and payment had occurred.
		A court in British Columbia, Canada, in May ordered Mexico to pay Metalclad damages for blocking construction of a toxic-waste processing plant in a northern Mexican community.
	www.eco.utexas.edu /~archive/chiapas95/2001.06/msg00260.html (204 words)

	Trade Unionists, Environmentalists And Mexicans Speak Out About Metalclad (Canadian Union of Public Employees) (Site not responding. Last check: 2007-10-07)
		WHAT:US-based METALCLAD Corporation is before the BC Supreme Court on Monday February 19th, 2001.
		The case arises from a NAFTA ruling that awards Metalclad US$16.7 million in damages after a Mexican municipality denied the company a building permit to operate a toxic waste dump.
		Metalclad was denied the permit after local residents protested the adverse health effects of toxic waste on their children and community.
	www.cupe.ca /www/news/2352/?submit=print (209 words)

	americas.org - Metalclad Wins $17 Million (Site not responding. Last check: 2007-10-07)
		An international arbitration panel on August 30 ordered Mexico to pay $16.7 million to California-based Metalclad Corporation for violating the North American Free Trade Agreement by not allowing the company to open a hazardous waste treatment and disposal site in the state of San Luis Potosí.
		The provision has been used as a strategic offensive weapon against environmental, public safety and health laws, raising concerns that trade accords and institutions will be used increasingly to override local and national laws.
		The waste site was ready to go online in 1995 when a disenchanted public, not consulted by federal or state governments or Metalclad, forced an environmental impact assessment that revealed an ecologically sensitive underground alluvial stream beneath the installation.
	www.americas.org /item_9674 (152 words)

	Information Notice No. 89-45: METALCLAD, LOW-VOLTAGE POWER CIRCUIT BREAKERS REFURBISHED WITH SUBSTANDARD PARTS
		Purpose: This information notice is being provided to alert addressees to the discovery of defects in metalclad, low-voltage power circuit breakers, including missing, nonstandard, and substandard parts, and improper assembly and misadjustment.
		It is expected that recipients will review this information for applicability to their facilities and consider actions, as appropriate, to avoid similar problems.
		Description of Circumstances: The NRC has learned of the discovery of defects in metalclad, low-voltage, power circuit breakers which had been installed at the Quad Cities nuclear power plant.
	www.nrc.gov /reading-rm/doc-collections/gen-comm/info-notices/1989/in89045.html (1531 words)

	Information Notice No. 89-45, SUPPLEMENT 1: METALCLAD, LOW-VOLTAGE POWER CIRCUIT BREAKERS REFURBISHED WITH SUBSTANDARD ...
		Purpose: This information notice supplement is being provided to present additional information regarding the supply of surplus or refurbished circuit breakers and related electrical equipment to nuclear power plants as discussed in NRC Information Notice No. 89-45.
		Description of Circumstances: Information Notice No. 89-45 discussed a General Electric (GE) type AKF-2-25 metalclad, low-voltage power circuit breaker (field discharge configu- ration) from the Quad Cities nuclear power plant found to be refurbished with nonstandard and substandard parts.
		These defects may not be readily detectable by means of normal inspection and testing, and the nature of the defects is such that they could render the equipment inoperable without warning.
	www.nrc.gov /reading-rm/doc-collections/gen-comm/info-notices/1989/in89045s1.html (1030 words)

	Le Mexique c. Metalclad - Motifs du jugement (Syndicat Canadien de la fonction publique)
		Le tribunal qui a reçu la demande en dommages-intérêts déposée par Metalclad a jugé que la collectivité locale n’avait pas le droit de refuser un permis à l’entreprise uniquement pour des questions d’environnement et de santé publique, ou parce que l’entreprise avait commencé la construction avant de demander un permis.
		Selon le tribunal, ce geste a ajouté aux torts que Metalclad avait déjà subis lorsque la collectivité locale a eu la témérité de lui refuser sa demande de permis.
		Le juge a en outre décidé que l’interprétation erronée qu’a faite le tribunal de l’article 1105 a entaché sa critique de la municipalité, à qui il reprochait d’avoir refusé d’accorder un permis de construction à Metalclad.
	scfp.ca /www/TradeUpdates/3999 (1372 words)

	Nouvelles CSN 492 - Quand le libre-échange gruge le pouvoir des citoyens
		La cause Metalclad montre bien à quel point l'expression " charte des droits et libertés des multinationales " n'a rien à voir avec de l'enflure verbale.
		Dans le cas de Metalclad, c'est une petite municipalité de 800 habitants, Guadalcazar, qui a fait fi des autorisations délivrées par l'État mexicain en refusant d'émettre un permis de construction à Metalclad.
		La population locale voyait venir Metalclad avec beaucoup d'appréhension et pour cause.
	www.csn.qc.ca /NouvCSN/NCSN492/Metalclad492.html (497 words)

	Hager Extends Ashley Metalclad Range (Site not responding. Last check: 2007-10-07)
		Hager has extended its Ashley metalclad range to include new fuse connection units (FCUs), a 25A connection unit, a 45A double pole switch, a bell push and a four gang two way wall switch.
		In addition Hager has extended the switching capacity of the metalclad range to include a 45A double pole switch.
		In common with the other switches the new four gang two way switch is rated at 10A and does not need derating for switching fluorescent loads.
	www.constructionbusinessnet.com /electricalexplorer/news/292.html (204 words)

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