[13][14] These web search engines often allow one to select specific state courts to search. FOP - Federally-Owned Property. So under Federal Rules of Civil Procedure 5.2, sensitive text like Social Security number, Taxpayer Identification Number, birthday, bank accounts and children's names, should be redacted from the summary-judgment motion and accompanying exhibits. Academia.edu no longer supports Internet Explorer. NI), Blood donation deferral 3 months (incl. In England and Wales, overseas marriages (but not other types of relationship) are automatically recognised as marriages by the Marriage (Same Sex Couples) Act 2013; the same is true in Scotland by the Marriage and Civil Partnership (Scotland) Act 2014, and in Northern Ireland by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019. [65], 2013: The Alaska DNR signed and adapted a Determination of Reclassification and Plan Amendment to the Bristol Bay Area Plan. [112] Pebble Partnership CEO John Shively severely criticized the EPA assessment, saying it was unscientific and that it sought a predetermined outcome. Microsoft was quick to support Xbox Cloud Gaming on Valves Steam Deck, followed by a partnership with Logitech and Razer for their cloud gaming-focused handhelds. [116], In May 2017 the Pebble Partnership and EPA jointly announced they had reached a settlement agreement to end the legal dispute regarding the EPA's Proposed Determination issued under CWA 404(c) in July 2014. Development and construction would consume years and cost billions of dollars. Departments. The Pebble Limited Partnership was once one of the largest multinational mining corporations made up of South African company Anglo American, along with Northern Dynasty Minerals, a junior mining company headquartered in Canada. More information about Vietnam is available from the Department of State and other sources, some of which are listed here: CIA World Factbook Vietnam Page The opposing party may also file its own summary-judgment motion (called a cross-motion), if the deadline still allows. If of the age of 16 or 17, the consent of the individual's parent or guardian is required, except in Scotland, where marriages and civil partnerships can take place from the age of 16 with no need for parental consent. U.S. exports to Vietnam include machinery, computers and electronics, yarn/fabric, agricultural products, and vehicles. The pieces of evidence should be accompanied by a declaration from the moving party that all copies of the documents are true and correct, including deposition excerpts. [56] It questioned the future of salmon habitat should the mine be opened, but the agency did not use its authority to stop the mine. [28], However, since the decision in Hyniak, a number of court decisions have sought to limit its use in the context of motions for partial summary judgments. The Pebble site is within Lake and Peninsula Borough, about 1,600 inhabitants as of United States Census, 2010, adjacent to the Bristol Bay Borough of about 1000 inhabitants and the Dillingham Census Area, 4,800 inhabitants. Trustees for Alaska is pursuing the suit for Nunamta Aulukestai and two Bristol Bay residents. In the local area near the proposed mine location, anti-mine sentiment is even stronger. [9], An amendment tabled by Conservative MP Edward Leigh proposed to extend the property and pension rights afforded by civil partnerships to siblings who had lived together for more than 12 years. The formulation of the summary judgment standard is stated in somewhat different [65][68], 2018: Due to increased input of concerns for the Bristol Bay fishery because of Pebble Project, EPA decides to suspend withdrawal of Proposed Determination. Office of the U.S. Trade Representative Countries Page Alternately, the filing party may ask the court's permission to file some exhibits completely under seal. First, a plaintiff may seek summary judgment on any cause of action, and similarly, a defendant may seek summary judgment in its favor on any affirmative defense. Where appropriate, a court may award judgment summarily upon fewer than all claims. Accentures long-running partnership with Save The Children has helped improve the lives of 185,000 young people through skills initiatives. v. State of Alaska DNR. Export.gov International Offices Page Ponds would be dammed to contain tailing, including some toxic materials. ", "A Summary of Statewide Polling Results on Pebble Mine", Dueling polls oppose, support Pebble Mine project, "Bristol Bay and Lake Peninsula Boroughs Pebble Mine Survey", "Bristol Bay on 10 Most Endangered Rivers List for 2006", "Jewellers pledge not to buy Pebble gold", "The Pebble Mine Dialogue: A Case Study in Public Engagement and the Social License to Operate", "The Economic Importance of the Bristol Bay Salmon Industry", Freshwater Fish Harvest and Use in Communities of the Watershed, 2003, "Liquid Assets 2000: Pay for Dirty Water", "Comparison of Predicted and Actual Water Quality at Hardrock Mines", "Predicting Water Quality Problems At Hardrock Mines", "Anglo American's Track Record: Rhetoric or Reality? [31], In 2010, $73 million was budgeted towards the pre-feasibility report, environmental studies, and various administrative and community-relations work. v. State of Alaska DNR,[124] was filed in Alaska Superior Court (Third Judicial District) on July 29, 2009, by Trustees for Alaska on behalf of the Bristol Bay Native organization Nunamta Aulukestai, former Alaska First Lady Bella Hammond, original Alaska Constitutional Convention delegate Victor Fischer and other individuals. The Washington Post wrote, "but even as the executives jump through several regulatory hoops, [] they detailed their plan to manage all the decision-makers. At the federal level, a summary-judgment motion in United States District Court is governed by Rule 56 of the Federal Rules of Civil Procedure. This is done by attaching relevant documents and by summarizing all relevant factual points within those documents in a separate statement of facts. It received Royal Assent on 18 November 2004 and came into force on 5 December 2005, allowing the first couples to form civil partnerships 15 days later. The plan also covers about 7million acres (28,000km2) of state-owned tide and submerged lands. It is not uncommon for summary judgments of lower U.S. courts in complex cases to be overturned on appeal. Coordinator for the Arctic Region, Deputy Secretary of State for Management and Resources, Office of Small and Disadvantaged Business Utilization, Under Secretary for Arms Control and International Security, Bureau of Arms Control, Verification and Compliance, Bureau of International Security and Nonproliferation, Under Secretary for Civilian Security, Democracy, and Human Rights, Bureau of Conflict and Stabilization Operations, Bureau of Democracy, Human Rights, and Labor, Bureau of International Narcotics and Law Enforcement Affairs, Bureau of Population, Refugees, and Migration, Office of International Religious Freedom, Office of the Special Envoy To Monitor and Combat Antisemitism, Office to Monitor and Combat Trafficking in Persons, Under Secretary for Economic Growth, Energy, and the Environment, Bureau of Oceans and International Environmental and Scientific Affairs, Office of the Science and Technology Adviser, Bureau of the Comptroller and Global Financial Services, Bureau of Information Resource Management, Office of Management Strategy and Solutions, Bureau of International Organization Affairs, Bureau of South and Central Asian Affairs, Under Secretary for Public Diplomacy and Public Affairs, U.S. [87], The Natural Resources Defense Council (NRDC) and other well known groups and figures (such as actor Robert Redford) have opposed the construction of the mine. Retrieved March 29, 2018, from, Bureau of Safety and Environmental Enforcement, 2020 United States Senate election in Alaska, House Committee on Oversight and Government Reform, "Northern Dynasty receives Final Environmental Impact Statement (EIS) for Alaska's Pebble Project", "Government blocks proposed mine that threatened Alaska salmon fishery", "Alaska's Controversial Pebble Mine Fails to Win Critical Permit, Likely Killing It", "Geology and exploration history of the super-giant Pebble copper/gold/molybdenum", "Stratigraphy, structure, and economic geology of the Iliamna quadrangle, Alaska", "26 km of Offset on the Lake Clark Fault Since Late Eocene Time", "Revision of Time-Independent Probabilistic Seismic Hazard Maps for Alaska", "Pebble Engineering Geology Discussion of Issues", "The risky plan to haul minerals from a mine in the Alaska wilderness", "USGS Resource Data File - Iliamna quadrangle", "Sockeye Salmon - Species Profile, Range and Habitat", "Our Bristol Bay - Bristol Bay Commercial Fishing", "Freshwater Fish Harvest and Use in Communities of the Kvichak Watershed, 2003, technical paper 297 see in particular, Figures 7 through 14", "The Pebble deposit 30 years later: How a 28-year-old geologist made the biggest discovery of his career", "SEDAR Application Error / Erreur -- application SEDAR", "Northern Dynasty Minerals Ltd. - News Releases - Thu Apr 13, 2017", http://www.pebblepartnership.com/files/PEB-0028%20press%20release%20feb-24-2010.pdf, "The Pebble Blog: Pebble won't apply for development permits in 2010 | adn.com", "Schedule 13G Under the Securities Exchange Act of 1934", "Northern Dynasty re-acquires 100% ownership of southwest Alaska's Pebble Project - Mon Jul 28, 2014", "Rio Tinto Increases Investment in NDM to Near Legal Agreement Threshold", "Rio Tinto gifts stake in Northern Dynasty Minerals to Alaskan charities", "In latest blow to Pebble prospect mining giant Rio Tinto pulling out", "Northern Dynasty Minerals Ltd. Company Overview", "Hunter Dickinson - Directors - Thu Apr 13, 2017", "Kopernik Global Investors, LLC discloses 6.17% ownership in NAK / Northern Dynasty Minerals Ltd", "Sizing Up the World's Mega Copper-Gold Projects - Resource Investor", "Northern Dynasty Minerals Ltd. - Thu Apr 13, 2017", "Anchorage Water & Wastewater Utility Overview", "Northern Dynasty Minerals: State of Alaska Approves Pebble Project Miscellaneous Land Use Permit", "Acid Rock Drainage and Metal Leaching at the Pebble Project, summary prepared by Dr. Kendra Zamzow", http://www.pebblescience.org/Pebble-Mine/acid_drainage.html, "Fisheries Impacts at the Pebble Mine, text by William J. Hauser, Fish Talk Consulting", "Water-Related Impacts at the Pebble Mine, Robert E. Moran, Ph.D", "Bristol Bay Assessment - Final Report (2014)", "Gold vs. Salmon: An Alaska Mine Project Just Got a Boost", "Pebble Mine Construction Now Estimated at $6 Billion", "Pebble studies up for mine permitting process", "adn.com | Top Stories: Pebble's prospects grow", "Anglo American Statement Re: Pebble Project", "Trump administration says massive Alaska gold mine won't cause major environmental harm, reversing Obama", "EPA to protect Alaska's Bristol Bay, blocking major gold mine", "Vote in Alaska Puts Question: Gold or Fish? The suit contended that DNR failed to give Alaskans adequate notice and opportunity to comment on the permit and that it failed to consider the appeal. It is the factfinder who decides "what really happened", and it is the judge who applies the law to the facts as determined by the factfinder, whether directly or by giving instructions to the jury. There are also freely accessible web search engines to assist parties in finding court decisions that can be cited as an example or analogy to resolve similar questions of law. It does not apply to criminal cases to obtain a pretrial judgment of conviction or acquittal, in part because a criminal defendant has a constitutional right to a jury trial. This zone was the source of the 1964 Good Friday earthquake of magnitude 9.2. A minor's name of the petitions should be replaced with initials. [16] Like the Leigh amendment, opponents considered the O'Cathain amendment to be a wrecking amendment, and like Leigh, O'Cathain herself voted against the Civil Partnerships Bill. [107], This controversy has impacted the 2020 United States Senate election in Alaska, during which Dan Sullivan is up for re-election. In an effort to stop or pause the construction of the mine, the NRDC has created a petition that now has more than a million signatures. But in either case, the moving party must produce evidence in support of each and every essential element of the claim or defense (as it would have to do at trial). Based on filings, Kopernik has held a position in NAK since at least as early as 2015, when they owned 19.99%. A party seeking summary judgment (or making any other motion) is called the movant (usually, this is defendant); the opposing party is the nonmovant (usually, plaintiff). Most significantly, the bill would have made illegal the storage or disposal of any quantity of, "industrial waste," thereby making it impossible to develop any industry, including mines, within the refuge. Summary of the National Defense Strategy partnership architecture, and Department modernization will provide the capabilities and agility required to prevail in conflict and preserve peace through strength. [13] A factfinder has to decide what the facts are and apply the law. FEMA - Federal Emergency Management Agency. Second, a different and very common tactic is where a defendant seeks summary judgment on a plaintiff's cause of action. Vietnam maintains an embassy in the United States at 1233 20th Street, NW, #400, Washington DC 20036 (tel. If the court agrees, the agency could move forward with designing long-term protections for the bay. Both sides claimed this as a victory. Regardless of the type of summary judgment motion, there is a standardized rule(-like) framework for evaluating the first clause of Rule 56(a) ("no disputed genuine issue of material fact"), formulated as the following six core summary judgment tenets of review (SJTOR) (where the emphasized must indicate the lack of judicial discretion permitted): A party seeking summary judgment may refer to any evidence that would be admissible at trial, such as depositions (or deposition excerpts), party admissions, affidavits in support from witnesses, documents received during discovery (such as contracts, emails, letters, and certified government documents). This Article argues that there exists a reflexive relationship between possession and ownership, and that one's understanding of ownership and its incidents influence the very concept of possession, rather than vice-versa. [59], Pebble East would most likely be an underground mine. In the western part of the orebody, mineralization occurs in a complex of several small granodiorite cupolas, diorite sills, older intrusions, breccias, and sediments. The type of partnership exists in determining the distribution of profit or losses among the partners. Contained metals in the resource (at 100% recovery) were 56.9 billion pounds of copper, 70.6 million troy ounces of gold, 3.4 billion pounds of molybdenum and 344 million ounces of silver. Mining proponents claim that the mine can be developed and operated without significantly harming Bristol Bay area fish. The slurry would be dewatered at the port before being shipped to a smelter, with a pipeline returning the water to the mine. And yet, the concept of possession remains woefully unclear in the law, thereby rendering the very idea of ownership somewhat murky. A 165-mile natural gas pipeline would be constructed to provide power for the operation, as well as 80 miles of road and pipeline to transport the mined concentrate to Cook Inlet. [48], In April 2017 Northern Dynasty reported that it had received notice of approval of a Miscellaneous Land Use Permit from the Alaska Department of Natural Resources (DNR) for ongoing activities at Pebble.[49]. Summary-judgment motions, like many other court filings, are a matter of public record. High-profile Conservative MPs who voted against the Civil Partnerships Bill included Iain Duncan Smith, Ann Widdecombe, Bob Spink and Peter Lilley. The plan expected the mine to return the initial capital investment in 3.2 years, employ over a thousand people for the first 25 years and provide a lifetime 23.2% pretax internal rate of return. The expected pretax cash flow was approximately $2 billion per year for much of the mine life and significantly more during the later years. If a trial could result in the jury (or judge in a bench trial) deciding in favor of the party opposing the motion, then summary judgment is inappropriate. [26], In 2014, the Supreme Court of Canada encouraged greater use of the procedure by the courts in its ruling in Hryniak v. Mauldin. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. Twenty-five years after the establishment of bilateral relations in 1995, the United States and Vietnam are trusted partners with a friendship grounded in mutual respect. On 5 December 2005, the original schedule of the 2004 act was amended to include several other countries and states. Vietnam and the United States belong to a number of the same international organizations, including the United Nations, ASEAN Regional Forum, Asia-Pacific Economic Cooperation (APEC) , International Monetary Fund, World Bank, and World Trade Organization. Sorry, preview is currently unavailable. [84], In April 2009, a Native delegation from the Bristol Bay region attended the annual shareholder's meeting of Anglo American, the major mining company behind the Pebble project. Library of Congress Country Studies Ethics questions were raised about her and her husband Todd's participation. [38] In April 2014, the Rio Tinto Group gifted its shares, worth only approximately 18 million by then, to two Alaskan charitable foundations. The main objective of this paper is to consider the appropriate parameters of possessory protection in relation to its functions. [65], 2016: The Inspector General came out in support of the EPAs Watershed Assessment findings, ultimately encouraging limiting mining due to its unavoidable impact on the salmon wildlife in Bristol Bay, affecting both the natural ecosystem and the economic wellbeing of the area. After 15 days they can complete the registration process. In turn, the record to be reviewed by the judge can be very large; for example, the Aguilar case involved a record of about 18,400 pages. Failure to meet our defense objectives will re sult [61][62] Power to operate the mine would possibly come from a combination of overhead power lines and a submarine cable across Cook Inlet. Vietnam remains heavily contaminated by explosive remnants of war, primarily in the form of unexploded ordnance (UXO) including extensive contamination by cluster munitions dating from the war with the United States. Since entry into force of the U.S.-Vietnam bilateral trade agreement in 2001, trade between the two countries and U.S. investment in Vietnam have grown dramatically. Many lodges cater for sport fishermen exploiting the salmon and trout populations in the freshwater tributaries. U.S. assistance in Vietnam focuses on consolidating gains to ensure sustainable economic development while promoting good governance and the rule of law. [39][40], Northern Dynasty is one of several public mining companies controlled by Hunter Dickinson, a Vancouver-based Canadian mining corporation. The suit alleges that DNR's "pattern of permitting," is defective because it was not sufficiently rigorous in determining that issuing a permit would best serve public interest, as demonstrated by a lack of documented scientific studies and by lack of public review and input, prior to issuing permits. These include reports or summaries on the following: acid rock drainage,[52][53] effects of roads and bridges on fish (roads supporting the Pebble mine could cross 20 known salmon streams),[54] and general water pollution-related concerns.[55]. The Scottish Parliament voted in favour of a Legislative Consent Motion allowing Westminster to legislate for Scotland in this Act. [27] The first two exploration holes were drilled in 1988; in 1989 twelve more drill holes, soil sampling, and geophysical surveys indicated that the Pebble West occurrence (originally named Pebble Beach) was part of a large copper porphyry system. Around 30 Conservative MPs did not participate in any of the votes. [28] CAE continued drilling and other work through 1992, with a second drill campaign in 1997, with the resource doubled from 500M short tons to 1B short tons. A decision granting summary judgment can be appealed without delay. Federal Rules of Criminal Procedure 12(b)(3)(B)(v). [96] However, considering the mine contains over $500 billion in resources,[97] this 1.5% tax amounts to a maximum of $7.5 Billion in tax revenue over the course of the mine's operation or $166 million/year or some four times the commercial tax budget in 2011 ($43 million). 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