Displaying items by tag: Legal
KHD ordered to pay damages to South American customer
18 February 2016Germany: KHD International and its US-based subsidiary Humboldt Wedag (HW Inc) have been ordered to pay damages by a Portuguese arbitration court to a customer in South America. HW Inc’s arbitration claim for disbursement of outstanding payments, reimbursement for a called bank guarantee, as well as additional compensation (for damages) was denied. KHD expects the damages to lead to expenses of Euro15m in its 2015 financial results. The customer has not been named.
“This ruling does not reflect our own or our legal counsel’s expectations in any way. We believe that it is grossly incorrect and will exhaust all promising possibilities for success in proceeding against this judgement,” said KHD International CEO Johan Cnossen. KHD said in a statement that the arbitration award would not have an impact on its forecast results for 2015 as ‘adequate’ provisions had already been set up.
Birla Corporation to take legal action against Lafarge India
03 February 2016India: Birla Corporation said it will take legal action against Lafarge India over the firm's 'inability' to go ahead with the deal to sell its Jojobera and Sonadih cement plants. In August 2015 both firms signed an agreement, through which Birla Corporation was to acquire Jojobera and Sonadih cement businesses from Lafarge India for US$734m.
"Lafarge India has since informed its inability to proceed with the agreement. The company has since discussed the matter with its legal advisors and has decided not to accept its contention and is in the process of taking appropriate legal measures in consultation with lawyers," said Birla Corporation in a regulatory filing. The firm did not specify reasons behind Lafarge India expressing its inability to complete the deal.
Birla Corp was to acquire Lafarge India's cement business, which comprises an integrated cement unit at Sonadih, Chhattisgarh, a cement grinding unit at Jojobera, Jharkhand along with Concreto and PSC brands. The acquisition would have added an additional cement capacity of 5.15Mt/yr to Birla Corp and would have helped the firm consolidate its position in the eastern India cement market. The company has a total operational cement capacity of about 10Mt/yr with plants in Rajasthan, Madhya Pradesh, Uttar Pradesh and West Bengal.
UltraTech deal with Jaypee delayed by mine transfer legislation
01 September 2015India: UltraTech Cement is seeking clarification from the Indian government over the transfer of limestone reserves as part of its deal to buy two integrated cement plants in Madhya Pradesh from Jaypee Group, according to HT Media. A clause in the Mines and Minerals (Development and Regulation) Act 2015 barring the transfer of mines that were not allotted through auctions is delaying mergers and acquisitions (M&As) in the mining sector.
According to a clause in the new Act, transfer of the mining licence is allowed only for mines that have been auctioned. Most of the operational limestone mines in India were allotted and not auctioned. The Act allows for these reserves to be auctioned in the future. However, legal experts are divided on whether this clause will apply retrospectively.
UltraTech agreed to buy Jaiprakash Associates' cement plant with a clinker capacity of 2.1Mt/yr and a cement grinding capacity of 2.6Mt/yr at Bela in Madhya Pradesh in December 2014. It then agreed to buy a second plant at Sidhi with a clinker capacity of 3.1Mt/yr and a cement grinding capacity of 2.3Mt/yr. The deal included access to the limestone reserves in Madhya Pradesh.
The new legislation is also expected to affect Lafarge's sale of its east Indian assets to Birla Corp.
Lucky Cement fights South African anti-dumping duty
01 September 2015South Africa: Lucky Cement has filed papers in the High Court in Pretoria contesting a 14.29% provisional antidumping duty imposed in May 2015 on its cement exports to the Southern African Customs Union (SACU). The Pakistan-based cement producer has accused the International Trade Administration Commission (ITAC) of failing to consider the losses suffered by producers due to a Competition Commission ruling on a cement cartel, according to Business Day. ITAC intends to oppose the motion.
ITAC imposed provisional anti-dumping duties of 14.3 – 77.2% on Portland Cement originating in or imported from Pakistan from 15 May 2015 for six months. The duty was imposed on bagged cement.
"The breaking up of anticompetitive behaviour must have resulted in more normal competition in the industry with resulting lower prices and tighter margins," said Lucky Cement chief financial officer Muhammad Faisal. "It was illogical and irrational for ITAC to attribute 100% of the injury to the SACU cement industry to Pakistani exports."
Faisal also objected to ITAC's decision to retrospectively limit its inquiry to only bagged cement. The dumping margin placed on Lucky Cement was based on all its cement sales whereas ITAC focused only on bagged cement in SACU.
The Competition Commission imposed a fine of US$9.3m on Afrisam and US$11.1m on Lafarge in 2011 and 2012 respectively, after concluding that a cement cartel did exist. It estimated its intervention would save consumers US$335 – 454m for the period 2010 to 2013.
Greek Supreme Court orders Heracles General Cement to pay village Euro78,000 for pollution
07 January 2015Greece: The Supreme Court of Greece has ordered the Heracles' General Cement Company, a subsidiary of Lafarge, to pay the residents of Agia Marina, Halkida Euro78,000 as compensation for pollution from its cement plant.
The court upheld the settlement's arguments that the cement plant had failed
to adhere to the environmental terms in its operating licence in order to avoid the relevant costs and refused to take measures for the proper maintenance and modernisation of its facilities. They said this resulted in all outdoor areas in the village being covered in a layer of cement dust up to 1.2cm thick, including the nearby coastline.
The village residents had originally sued for a total of Euro1.14m but the court awarded the residents a much lower sum, even though it found that the company's omissions fully justified their claim to moral damages resulting from their deprivation of environmental benefits and the threat to their health from exposure to environmental pollution.
Ibeto and Nigercem ownership dispute continues
07 January 2015Nigeria: The Ebonyi State Government in Nigeria has warned Ibeto Cement Company over an alleged illegal entry into the premises of Nigercem cement premises located at Nkalagu. The entry was perceived as an act of provocation by governor Martin Elechi of Ebonyi State, as Nigercem is still subject of an ownership dispute in the courts.
"Following dispute between the State government and Ibeto Group on the ownership of Nigercem, Ebonyi State Government exercised its illegal right of land ownership by revoking the certificate of all the land upon which Nigercem is situated," said Elechi. "By going into the premises of Nigercem without the permission of the State Government, the Ibeto Group has demonstrated an alarming desire to acquire the God-given mineral wealth of Ebonyi people for its interest".
Eastern Bulkcem Nigeria Limited owns a 65% stake in Nigercem. The origins of the current dispute arise from Eastern Bulkcem's failure to modernise the ageing plant, instead opting to use its ownership of the plant to obtain import licences for bulk cement. The Ebonyi State Government resorted to extra-judicial means to shut it down, revoking Nigercem's certificate of occupancy pending a Judicial Commission to investigate the state of affairs in the company.
EPA sets national coal ash regulations for US
22 December 2014US: The Environmental Protection Agency (EPA) has announced the first national regulations to provide for the safe disposal of coal ash from coal-fired power plants. The ruling establishes safeguards to protect communities from coal ash impoundment failures and establishes safeguards to prevent groundwater contamination and air emissions from coal ash disposal.
"The EPA is taking action to protect our communities from the risk of mismanaged coal ash disposal units and putting in place safeguards to help prevent the next catastrophic coal ash impoundment failure, which can cost millions for local businesses, communities and States," said EPA Administrator Gina McCarthy.
The new federal regulations include:
- The closure of surface impoundments and landfills that fail to meet engineering and structural standards and will no longer receive coal ash;
- Reducing the risk of catastrophic failure by requiring regular inspections of the structural safety of surface impoundments;
- Restrictions on the location of new surface impoundments and landfills so that they cannot be built in sensitive areas such as wetlands and earthquake zones;
- Protecting groundwater by requiring monitoring, immediate clean up of contamination and closure of unlined surface impoundments that are polluting groundwater;
- Protecting communities using fugitive dust controls to reduce windblown coal ash dust;
- Requiring liner barriers for new units and proper closure of surface impoundments and landfills that will no longer receive coal combustion residues.
In response to feedback on the proposal, the ruling clarifies the technical requirements for coal ash landfills and surface impoundments under Subtitle D of the Resource Conservation and Recovery Act (RCRA), the country's primary law for regulating solid waste. Implementation of the technical requirements will be reported through disclosure to States, and communities. Examples of this include power plants providing information to the public and States and new transparency requirements, including recordkeeping and reporting requirements, as well as the requirement for each facility to post specific information to a publicly-accessible website. This final rule also supports the responsible recycling of coal ash by distinguishing safe, beneficial use from disposal.
Canada: Lafarge is moving ahead with an attempt to use plastic waste instead of coal at its Brookfield cement plant in Nova Scotia. Scarth MacDonnell, Brookfield's plant manager, appeared before Colchester County council to inform them of the plant's intent to use plastic waste as a low-carbon fuel.
"We think we have found a solution to the very real problem of plastics that build up in landfills," said MacDonnell. "We hope to get 30% substitution of coal." MacDonnell added that the emissions are safe and meet or exceed provincial and federal government standards.
The plant will submit an application to Nova Scotia's Department of Environment for an industrial trial replacing coal with shredded plastics. It will also host an open house on 17 July 2014 for people who want to learn more about and talk about the idea.
MacDonnell said that a study by the province's Department of Natural Resources indicates that there is 79,000t/yr of plastic going into landfills in Nova Scotia and that a study by Dalhousie University states that using plastics reduces carbon dioxide emissions up to 34% and other greenhouse gas emissions can be reduced by as much as 98%.
US: Martin Marietta Materials' US$2.7bn purchase of Texas Industries has been approved by the US Justice Department under a settlement that requires asset sales. Martin Marietta will sell rail yards in Texas and a quarry in Oklahoma to maintain competition in the market for gravel, sand and crushed stone.
"Without the divestiture obtained by the antitrust division, customers would have likely faced higher prices as a result of this acquisition," said Bill Baer of the US Justice Department.
Taxing arguments for European cement producers
18 June 2014Industrial energy consumers in Romania have succeeded in extracting concessions from the government's green certificates scheme this week. Cement producers, including Lafarge, Holcim and local HeidelbergCement subsidiary CarpatCement Holding, will benefit now from a 10-year facility to acquire the certificates and they will be allowed to buy up to 85% fewer certificates than at present.
The Romanian government reckons the change will save industry Euro750m. It will be good news for the cement producers and aluminium producer Alro Slatina, one of the chief lobbyists for the change which paid Euro39m for the certificates in 2013, reported losses of Euro17m and threatened production closures.
The debacle strikes a chord with other government-led attempts to nudge society towards lower-carbon emitting energy sources. First a national or international scheme offers economic incentives toward some sort of carbon reduction. Then major industrial users either complain that the system 'unfairly' penalises them or they find a way to play the system. The latest example of the adjustments in Romania is an example of the former, as is the current Australian government's intention to remove its carbon tax. Multinational companies surrendering carbon offsets into the European Union's (EU) emissions trading scheme (ETS) is an example of the latter.
In defence of government-industry negotiation, the EU ETS is now in its third phase of trying to make the scheme work as the EU tries to reach its target of a 20% cut in emissions compared to 1990 levels by 2020. In late 2013 environmental group Sandbag accused the target of containing a loophole that allows for a much smaller cut in emissions due to a slack in carbon budgets, of potentially 2% of 1990 levels. However, the EU confirmed in early June 2014 that it is on track to beat its target and cut down total emissions by 24.5% by 2020.
Alongside all of this arguing, overall energy costs have steadily risen over the last decade, as have the rates of co-processing at European cement plants. As a secondary major fuels consumer, behind energy generation and transportation, the cement industry is particularly susceptible to energy prices being jolted around behind various market trends, such as increases in natural gas supply in the US market. In effect the cement industry hops between different 'next best' options, after the leading energy consumers have taken the premium fuels. The interplay between legislators and heavy industry over carbon taxes prompts the following question: what encourages cement producers more to move to reduce their carbon emissions – legislation or fuel prices?
In other news this week, the chief executive of African producer Bamburi Cement, Hussein Mansi, has announced his plans to move on to Lafarge Egypt. In his memo to staff he mentioned, '...five very interesting years leading the Kenya – Uganda business.' Telling words perhaps given the Kenyan government's attention on Bamburi Cement and the East Africa Portland Cement Company, a producer minority-owned by Lafarge. Of course Mansi may discover that 'interesting' is relative in Egypt, a country on the other side of the energy subsidy spectrum to Europe and its carbon taxes.