FOR IMMEDIATE RELEASE  Stonington Maine November 1, 2017

CONTACT: Lindsay Newland Bowker, LNBowker@BowkerAssociates.org +1 207 367 5145

TAGS: UNEP Tailings Management Report; Reform Of Legal Framework for Tailings Facilities; Tailings Conference 2017; 2nd Anniversary Samarco TSF Failure; Mt Polley TSF Failure Management & Closures; Mining Watch Canada; London Mining Network; Amnesty International;Tailings Risk Management

Last week  the United Nations Environmental Programme (UNEP) released its call for reforms in the legal framework for oversight of tailings facilities. The report was endorsed by an international coalition of NGO’s who have been active for many years providing competent and thorough documentation on local public consequence from many aspects of mining activities.  The endorsing coalition included Mining Watch Canada, The London Mining Network and Amnesty International.   The report comes after  two  years of non-governmental response to the full program of reform recommended by the Mt. Polley expert panel. Here at this forum are several posts chronicling in some detail the response avoidance initiatives  of the Mining Association of Canada ( MAC) the International Council on Mining & Metals ( ICMM) and even the British Columbia government itself who sought the recommendations when it commissioned the Mt Polley panel.

The catastrophic failures phenomenon is world wide as illustrated in the spectacular graphic superimposing  failures by severity on a map of the world. As as we document in our latest research in partnership with Dave Chambers, scale of impact  of catastrophic failures has reached all new magnitude and the highest frequency of occurrence ever.   No  government in the world has enacted any meaningful reforms either.

Bowker Associates  had no part in developing the UNEP report or writing its promotion  though our data base ( Bowker Chambers TSF Failures 1915-2017 was the source of reported data and charts.  We are very glad of, and wholly endorse this united global expression of refusal to accept the program of non reform held fast by MAC, ICMM and all nations but Australia who offer many excellent models all should look to.

This step of united global expression of the public interest has claimed global ownership of  the narrative on public interest consequence, including human rights and social consequence, especially to the lands and communities of indigenous peoples.  The coalition is at work continually in a living collaboration but this is the first formal public expression  Of widely shared views and advocacy.  And of course UNEP is a natural global umbrella for that united advocacy.

Neither the mining industry, its lobbies MAC and ICMM nor any government  with an active  resource policy in support of mining can debate or duck the four main UNEP calls for action by governments issuing permits: (1) call for an official public policy of loss prevention with a goal of zero failures ;( 2) the Mt Polley core mandate of safety above economics and cost as a foundation stone of all public policy; (3) the obligation of each government issuing permits to provide a complete available on demand public data base on all tailings facilities under their jurisdiction; (4) the obligation to provide checks and balances protective of the public interest through independent expert review of all aspects of facility design management oversight and closure especially  with a bearing on public liability and public consequence.
There is great and reasonable frustration in the public interest sector globally that ICMM, and MAC and governments like BC Ministry of Mines have taken a watered down chinese menu approach to the wisdom of the Mt Polley Panel recommendations .  The core recommendations cited above are based on the Mt Polley expert panel reccommendations. As Dave Chambers & I warn  in our industry peer reviewed new paper just published in Environments , the continued avoidance of a full commitment to all the Mt Polley recommendations as policy in all legal frameworks will just spawn a wider tide of reactive populist anti mining legislation as was just brought into existence by a state wide coalition of NGO’s here in Maine( LD820).
Mining Watch Canada, who have been the gold standard for impeccably good research  as the foundation for their advocacy, has already endorsed  the same reactive populist call as Maine for upfront security  in the amount of a worst case scenario  That is not a worthy advocacy but it reflects popular thinking and is what the mining industry will continue to invite  if it doesn’t heed  the call for every nation to reframe its law from scratch embracing the 4 foundation stones advocated by UNEP and the full menu of Mt Polley recommendations, not just for new projects but in application to all existing TSF’s and ATDS( Alternative Tailings Deposition, such as in pit or underground workings deposition, use of caves or natural underground openings, use of marine environments ( lakes, rivers, streams, bays and ocean)).
 The Mt Polley expert panel did not address human rights and social impacts reforms or the need for miner funded immediate mobilization for relief , assistance and compensation in the wake of catastrophic failure because they were working under a framework  that contractually focused their  scope.  UNEP is the first government entity to demand that all legal frameworks for mining  include creation of a global disaster relief fund, presumably miner funded and contributions mandated by law in all permits.
This is UNEP’s central mandate all over the world and they were on the ground and present post Samarco as a voice of truth against the manufactured narrative in the wake of the Samarco man made disaster in Brazil.  I had advocated here in Maine that companies on government divestment lists and on the World Banks “black list” be specifically disallowed as applicants or having any control or directive role in any aspect of mine operations.  Had I been involved in the preparation of this report I would have recommended that inclusion.
Bowker Associates endorses a more complete legal framework in all permitting regulations addressing human rights , including locally expressed standards  of community and environmental security and requiring a fair level of contribution via the local government to emergency response for all high hazard facilities. Spill response laws are not adequately conceived or framed to respond to catastrophic tailings facility failures.
Each of the main endorsing NGOS ( London Mining Network, Mining Watch Canada and Amnesty International) have done work of impeccable quality in documenting mine specific public interest consequences of mining practice and Bowker Associates fully embraces their consensus on these mandates of reform in all legal frameworks for mining.
I was very glad to see Mining.com’s brief but balanced coverage  of the UNEP report and it has been reported in several other mining  media as well including investment analysts websites.
It would move the conversation and the continuing informed mapping of the public interest if  MAC and ICMM immediately concede and endorse these five  main recommendations in advance of, and at , Tailings 2017, Alberta November 5-8.
Jack Caldwell has updated his planned presentation in recognition of the UNEP, including its global map of failures post Mt Polley and in recognition of our latest paper.
Lindsay Newland Bowker, CPCU, ARM Environmental Risk Manager
Bowker Associates
Science & Research In The Public Interest
15 Cove Meadow Rd.
Stonington, Maine 04681


About lindsaynewlandbowker

Bowker Associates, Science & Research In The Public Interest, is an independent non profit providing self initiated pro bono analysis on key issues with a potential for massive adverse environmental impact . Bowker Associates has been an internationally recognized and cited voice in analysis of the Samarco failure, its consequence, and the possibilties for recovery. In 2017 we partnered with Daveid M. Chambers, a world leader in responsible mining, in our third joint work on the economics of tailings failures. Bowker, L.N.; Chambers, D.M. In the Dark Shadow of the Supercycle Tailings Failure Risk & Public Liability Reach All Time Highs. Environments 2017, 4, 75. http://www.mdpi.com/2076-3298/4/4/75 A peer reviewed journal published investigation of the cowboy economics of the supercycle and the resulting escalation on the number and magnitude of catastrophic failures. In 2016 we parnered with Dave Chambers in our 2nd joint work together looking at root causes of failures at a conference . Bowker, L.N.; Chambers, D.M. Root Causes of Tailings Management Failures: The Severity of Consequence of Failures Attributed to Overtopping 1915–2015. In Proceedings of the Protections 2016, Fort Collins, CO, USA, 14 June 2016. [Google Scholar] In 2015 Bowker Associates collaborated with geophysicist David M. Chambers to recompile global authoritative accounts of significant TSF failures in recorded history and to analyze these data in the context of global mining economics 1910-2010 ( Risk, Economics and Public Liability of TSF Failures, Bowker/Chambers July 2015) The third annual update of this globally referenced and used compilation was just released at Researchgate. (https://www.researchgate.net/publication/324594429_World_Tailings_Dam_Failures_From_1915_-_as_of_Mar_31_2018) In 2014 Bowker Associates commissioned globally respected geophysicist and hydrogeologist Dr. David Chambers to undertake two technical works: (1) development of technical go no go criteria for vetting mine applications tp://lindsaynewlandbowker.wordpress.com/2014/01/05/a-new-statutory-regulatory-framework-for-responble-sulfide-mining-should-this-mine-be-built/ and (2) a case study of Maine's Bald Mountain, an un mined low grade high risk VMS deposit demonstrating the efficacy and accuracy of two risk assessment tools in vetting mine proposals https://lindsaynewlandbowker.wordpress.com/2014/02/28/mountain-x-would-you-issue-a-permit-to-this-mine/ In Maine, Bowker Associates has deeply engaged and been a public voice in the Searsport DCP LPG Tank, The Cianbro proposal for a Private East West Toll Road, JD Irvings rolling pipeline of Bakken crude to its plant in St. John and review of Phase II plans at The Callahan Superfund site in Brooksville, Maine, and Maine's revisitation of mining in statute and regulation... Our only “client”: is always “the pubic interest”. Our model is to focus on only one or two issues at a time so that we have a substantive command of the relevant field as our foundation for ongoing engagement. Our core work is in envirommental risk management, science and technology as well as bringing any available “best practices” models to the fore. The legal and regulatory history/best models are also a major thrust of our work in building and evaluating public policy. Director/Principal Lindsay Newland Bowker, CPCU, ARM is a recognized expert in Environmental Risk Management., Heavy Construction Risk Management and Marine and Transit Risks and has more than 3 decades of engagement in buiding public policy. Appointed by Governor Mario Cuomo to New York State Banking Board (served 1986-1996); President New York Chapter Chartered Property and Casualty Insurers; Environmental Committee, Risk and Insurance Management Society; Director, Convenor/Co-Chair Bermuda Market Briefing "From Captive to Cats" Hamilton Bermuda. Published Articles of Significance The Risk Economics and Public Liability of Tailings Facility Failures, co-authored with David M. Chambers, July 2015 Beyond. Polarization: Superfund Reform in Perspective, Risk & Insurance Managing Risk For Loss Prevention & Cost Control (Jan. 24, 1997). Lead Hazards and Abatement Technologies in Construction: A Risk Management Approach CPCU Journal 1997 Employee Leasing: Liability in Limbo Risk Management June 1 1997 Environmental Audit Privilege and the Public interest Risk & Insurance Managing Risk For Loss Prevention & Cost Control, April 1997 Asbestos:Holes In Abatement Policies Need To Be Plugged, Lloyd’s Environmental Risk International, May 1993 Editor Published Letters Evironmental Risk Management Beware of Facile Policies Like Fetal Protection Business Insurance 1995(?) High Court Review May Increase Sale of Bank Annuities Business Insurances August 8, 1995 Professional Profiles Protecting the Big Apple’s Core Managing Risk For Loss Prevention & Control December 1996 Major Career Highlights First rigorous analysis showing Relationship Between declining ore grades and TSF Failures of increasing consequence ( July 2015) FIrst Documentation that Gentrification Has Same Impacts as Unassisted Displacement from Urban Renewal Sites Direted Court Ordered EIS of FHA Mortgage Scandal Created Nation's First Homeownership Program for Low Income People (SHIP) Created Earliest Geographic Information Systems Using Defense Technology Developed By IBM Designed and Conducted Parallel Census Count to Show Systematic undercount in minority neighborhoods Documented Bias in ISO Territory Rating Plans for Private Passenger Auto Insurance Using ISO's own Rating Techniques Demonstrated Inherent Bias in Mortgage Policies of Banks With Inner City Branches Demonstrated that NY Telephones Plan for Area Code Split To accommodate anticipated cell phone demand was not efficient and would exhaust in 5 years ( which it did) Undertook First Systematic Evaluation of Child Protective Services Caseload Using Multi Variate Analyic Techniques Developed Child Protective Caseload Management and Tracking System (CANTS) and directed implementation in 4 client states including Illinois, Florida and New York Created and Ran Office of Risk Management for NYC DEP the Nations largest Water & Sewer Authority . Designed, Created and Administered Nation's First Owner Controlled Insurance Program (OCIP)for High Risk Tunneling Education Masters NYU Graduate School of Public Administration BSC New School For Social Research Maine Public Schools Deering High School
This entry was posted in Analysis TSF Failures, BHP, Bowker Associates Science & Research In The Public Interest, Brazil Tailings Dam Failure Risk, Canadian Mine Risk & Loss Profile, Catatrophic Tailings Dam Failures, Causes Of Catastrophic Tailings Dam Failures, Center For Science in Citizen Participation, David M. Chambers, Environmental Risk Management, financial risk and public liability, Fundao Talings Dam, Germano Tailings Dam Failure, GO NO-GO Technical Framework, Jack Caldwell, MAC/CDA Tailings Guidelines, Measuring Magnitude of Consequence TSF Failures, Minas Gerais Mining Oversight, Mine Disaster Recovery, Mine Risk Management, mineral economics, Mining Watch Canada, Mt Polley TSF Failure, Mt. Polley, Public Liability & Financial Risk, Rate of Raise for Upstream Tailings Dams, Uncategorized, UNEP TAILINGS MANAGEMENT REFORMS. Bookmark the permalink.

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