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Newmont Mining Cleared in Indonesian Pollution Lawsuit

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We called him Mr. Clean for a reason.

And today Rick Ness is a happy man. Newmont Minahasa Raya (a subsidiary of Denver-based gold-mining giant Newmont, where Ness was formerly president) was cleared of pollution and environmental damage charges related to Buyat Bay in Indonesia. Back in April Ness and the company were acquitted of all criminal charges (and in 2006, Newmont settled a civil suit brought by the Indonesian government on charges of environmental pollution).

The judge in the Indonesian case said in today's ruling that "The plaintiff could not prove that Newmont polluted the environment, sickening fish and damaging coral reefs."

But, in fact, evidence abounds.

Reuters reports that in 2004 Indonesia's Environment Ministry found that arsenic and mercury content in waste dumped by Newmont had contaminated sediment and entered the food chain. And Newmont itself admits that it dumped 5 million tons of heavy-metal-laden mine waste into Buyat Bay, and released approximately 17 tons of mercury into the air.

Mother Jones found that "the waste on Buyat's seafloor had arsenic concentrations 16 times higher, and mercury levels 8 times higher, than those at which adverse environmental effects are frequently expected." A 2004 study by the Indonesian government found that wells in Buyat Village had "arsenic concentrations up to six times the Indonesian drinking water standard" and that "tests Newmont conducted before opening the mine found no arsenic." And 17 tons of mercury released into the air can't be good for the environment: "That's like having 15 to 20 coal-fired power plants in your back yard."

Central to Ness and Newmont's defense were two reports, one by the World Health Organization (though WHO's Asia regional office director said that the WHO report was not "sanctioned or even evaluated" by the WHO) and the other by Australia's Commonwealth Scientific and Industrial Research Organisation (sponsored by Newmont). Independent experts reviewed the WHO test for Mother Jones and concluded that the report is "overly simplistic" and "doesn't support its stated conclusions." The CSIRO study's own data on metal levels in the sediment show that the levels are many times higher than what is acceptable by North American standards.

For more detail check out this review of the scientific studies that Newmont touts.

—Neha Inamdar

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Posted by Mother Jones on 12/18/07 at 4:10 PM | E-mail | Print | Digg | de.licio.us | Reddit | Newsvine | Yahoo! MyWeb | StumbleUpon | Netscape | Google |



Comments

My name is Omar Jabara, and I am Newmont's spokesperson. I invite your readers to visit BuyatBayFacts.com and objectively review the information so they may decide for themselves:

http://www.buyatbayfacts.com/news_updates/mojoresponse.html


Posted by: Omar Jabara on 12/18/07 at 7:15 PM  Respond

Keep smiling, keep shining
Knowing you can always count on me, for sure
That's what LAWYERS are for
For good times and bad times
I'll be on your side forever more
That's what LAWYERS are for
- Dionne Warwic -

Some of local sources could be used to study the cases back.
JATAM Mining Advocaci Netw. - http://tinyurl.com/2kq4yo
WALHI Ind. Forum for Environment http://tinyurl.com/yu95fh
ICEL Ind.Center for Environmental Law - http://tinyurl.com/298thc

And look at Romanian gold mines' devestation to Rom communities. All this should make Alaskans wonder how truthful new Arctic gold mining companies are (or will be, when they crank up the biggest mine the world in Bristol Bay). We are promised that the state-of the-art mines cause no harm to any animal or human...but some of us think this is more "forked tongue". It is a nice thing to be so trusting and think the better of corporations (who surely have our best interests at heart, especially if we are Americans, not those necessary losses over there in the Third World). Hm, when will we learn?
~ Lesley Thomas, author of Arctic evo-novel "Flight of the Goose"

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This article has been made possible by the Foundation for National Progress, the Investigative Fund of Mother Jones, and gifts from generous readers like you.

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