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Mining the Depths of Corruption: New Report Exposes Omissions and Misrepresentations in Nevada-based Mining Company's Claims in $400 Million Suit against Guatemalan Government
A critical new report exposes omissions and misrepresentations in a Nevada-based mining company's more than $400 million suit against the Guatemalan government.
WASHINGTON
A critical new report exposes omissions and misrepresentations in a Nevada-based mining company's more than $400 million suit against the Guatemalan government.
Released August 24, Mining Injustice Through International Arbitration: Countering Kappes, Cassiday & Associates' Claims over a Gold-mining Project in Guatemala, examines Kappes, Cassiday & Associates (KCA)'s attempt to strong-arm the Guatemalan government through international arbitration into green-lighting the unwanted El Tambor gold mine--or compensating the mining firm for hundreds of millions of dollars in future profits it had little hope of ever earning.
"KCA bought the project knowing there was social conflict and despite this, they pressured the government to repress us. That's exactly what happened on May 23, 2014 and how they managed to operate for two years," remarked Alvaro Sandoval, member of the Peaceful Resistance La Puya, which has maintained an encampment outside the mine gates for the last eight years.
"KCA, its subsidiary EXMINGUA, and their Canadian predecessors, took advantage of the legal and institutional leniency of the Guatemalan state toward extractive industries. This, coupled with rampant government corruption and privileged connections allowed KCA to meet its objectives: consolidate the mining project while riding roughshod over community opposition. KCA knew that, at the end of the day, international arbitration could guarantee them millions in profits," remarked Guatemalan investigative journalist and report co-author Luis Solano.
As the report illustrates, KCA enjoyed immense privileges in Guatemala. The company managed to obtain its operating license despite a mining moratorium and a woefully incomplete environmental impact assessment. It built its mine without a construction license and through violent repression of local communities by private security and state-armed forces under a corrupt government. Unwavering community opposition and legal actions halted the project in 2016. With the company's leadership under criminal investigation and its mine suspended, KCA turned to Investor State Dispute Settlement (ISDS) under the terms of the Central America-Dominican Republic Free Trade Agreement (CAFTA-DR) with the US.
"Riot police attacked peaceful protestors, paving the way for the company's short-lived mining operation. In its arbitration filings, KCA carefully avoids any mention of this violence, instead accusing the Guatemalan government of not doing enough to protect its investment. It is scary to think what further harm might be brought to communities from more protection of this sort," said Ellen Moore, International Mining Campaign Manager, Earthworks, a co-author of the report.
KCA's lawsuit is emblematic of the disturbing trend of mining companies using ISDS to sue governments when their investments face opposition from local communities. Arbitration suits like this are made possible by International Investment Agreements, and are disproportionately brought against governments in the Global South, especially Latin America. The report's examination of KCA's lawsuit exposes a supranational arbitration system that ignores or even awards corporate abuses by enabling private companies to sue national governments over matters of public interest, such as the devastating social and environmental impacts of mining.
"KCA's arbitration against the government of Guatemala is very worrisome. If the tribunal rules against Guatemala, this could have a terrible domino effect that puts communities at risk, in which extractive companies that have violated human rights resort to supranational arbitration, such as before ICSID, with the objective of claiming compensation from Guatemala for not letting them operate freely," commented lawyer Carlos Martinezfrom the Guatemalan Human Rights Law Firm.
"ISDS is evidence of stark asymmetries entrenched through free trade agreements. While they enable transnational corporations to throw their weight around with damaging suits even as companies disrespect people and the law, affected communities are putting their lives on the line to protect their water and health from mining's negative impacts with few legal protections and constant threats of violence and legal persecution. These suits reveal profound injustice built into the system," said Jen Moore, Associate Fellow, Institute for Policy Studies, a co-author of the report.
Institute for Policy Studies turns Ideas into Action for Peace, Justice and the Environment. We strengthen social movements with independent research, visionary thinking, and links to the grassroots, scholars and elected officials. I.F. Stone once called IPS "the think tank for the rest of us." Since 1963, we have empowered people to build healthy and democratic societies in communities, the US, and the world. Click here to learn more, or read the latest below.
LATEST NEWS
Professors Express Outrage Over UMich's Use of Investigators to Surveil Gaza Student Protestors
"My university has no business doing this," wrote one professor at the University of Michigan Law School.
Jun 06, 2025
Multiple professors expressed outrage on Friday in response to reporting from The Guardian, which found that the University of Michigan is making use of undercover investigators to keep tabs on pro-Palestinian groups on campus.
"My university has no business doing this. I love the University of Michigan, and this is not how we should operate," said University of Michigan Law School professor Sam Bagenstos, writing from his personal Bluesky account.
The Guardian spoke to several unnamed students who said that they have been followed, recorded, or eavesdropped on private investigators. Students who spoke to the outlet tracked dozens of investigators who have trailed them around campus.
Students say they have confronted the investigators, and one student captured on video multiple interactions with a man who the student says has been following him. In one video, the man falsely accuses the student of attempting to rob him, and in another the man appears to fake being disabled.
When contacted by the outlet, the University of Michigan did not deny the surveillance, which The Guardian reported appears to be largely an intimidation tactic. The school said it had not received any complaints about the investigators.
"Any security measures in place are solely focused on maintaining a safe and secure campus environment and are never directed at individuals or groups based on their beliefs or affiliations," a spokesperson for the school said in an email.
One student who says she's been regularly followed is Katrina Keating, a student who is a part of Students Allied for Freedom and Equality, which is a local chapter of Students for Justice in Palestine. Keating told The Guardian that the surveillance has made her feel "on edge." Keating said she was first followed in November.
According to The Guardian, the investigators appear to work for the private security group City Shield. The university's governing body, the board of regents, paid at least $800,000 to City Shield's parent company from June 2023 to September 2024.
"Disgusting. University of Michigan pays around $800,000 to a private security firm to surveil pro-Palestinian students," wrote Marc Owen Jones, an associate professor at Northwestern University in Qatar.
Adil Haque, a professor at Rutgers Law School, wrote: "Outrageous. This is a public university."
Chris Geraldi, a journalist with New York Focus, wrote that "every paragraph of this story is bonkers."
In April, with the blessing of Democratic Michigan Attorney General Dana Nessel, law enforcement officers raided the homes of multiple student organizers connected to Palestine solidarity protests at the University of Michigan.
Students who spoke to The Guardian said the surveillance has increased in the wake of those raids.
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Rubio, Trump Accused of Criminal Obstruction for Sanctioning ICC Judges
"Sanctioning ICC judges for doing their work on behalf of justice is a flagrant attack on the rule of law," said one critic.
Jun 06, 2025
Human rights defenders on Friday accused U.S. President Donald Trump and Secretary of State Marco Rubio of criminal obstruction after Rubio announced sanctions targeting four International Criminal Court judges who authorized an investigation into torture allegations against American troops in Afghanistan and arrest warrants for fugitive Israeli Prime Minister Benjamin Netanyahu.
Rubio sanctioned International Criminal Court Judges Solomy Balungi Bossa of Uganda, Luz del Carmen Ibáñez Carranza of Peru, Reine Adelaide Sophie Alapini Gansou of Benin, and Beti Hohler of Slovenia "pursuant to President Trump's Executive Order 14203." The order was issued in February and sanctioned ICC Prosecutor Karim Khan and accused the Hague-based tribunal of "baseless actions targeting America and our close ally Israel."
"Have Marco Rubio's State Department lawyers read him Article 70 of the Rome Statute on obstruction of justice?"
"These four individuals have actively engaged in the ICC's illegitimate and baseless actions targeting America or our close ally, Israel," Rubio added. "The ICC is politicized and falsely claims unfettered discretion to investigate, charge, and prosecute nationals of the United States and our allies."
Two of the sanctioned judges authorized a probe of U.S. war crimes in Afghanistan. The other two green-lighted warrants for the arrest of Netanyahu and Yoav Gallant, his former defense minister, for alleged war crimes and crimes against humanity in Gaza, including weaponized starvation and the murder of Palestinians—at least 54,607 of whom have been killed since Israel began its assault and siege of Gaza following the October 7, 2023 Hamas-led attack, according to the Gaza Health Ministry.
The ICC's Assembly of State Parties—the court's governing body—said in a statement Friday that the U.S. sanctions are a "regrettable" effort to "impede the court and its personnel in the exercise of their independent judicial functions.
Kenneth Roth, a professor at the Princeton School of Public and International Affairs and former director of Human Rights Watch, on Friday accused Trump and Rubio of "obstructing justice under Article 70 of the Rome Statute," the treaty establishing and governing the ICC.
Christoph Safferling, director of the International Nuremberg Principles Academy—a Germany-based foundation "dedicated to the advancement of international criminal law and related human rights"— said Friday that 80 years after the the Nuremberg Trials of Nazi war criminals, "obstructing the ICC is an affront to the commitment to justice and the rule of law."
"The court carries forward this legacy and calls for our steadfast support in the fight against impunity," Safferling added.
United Nations High Commissioner for Human Rights Volker Türk
said Friday that he was "profoundly disturbed" by the U.S. sanctions.
"Attacks against judges for performance of their judicial functions, at national or international levels, run directly counter to respect for the rule of law and the equal protection of the law—values for which the U.S. has long stood," Türk added.
European Commission President Ursula von der Leyen said the European Union "deeply regrets" the Trump administration's move.
Slovenia's Foreign Ministry said that "Slovenia regrets the announced sanctions by the U.S. government against four judges of the International Criminal Court, including a judge from Slovenia," and "rejects pressure on judicial institutions and influence on judicial operations."
"Courts must act in the interests of law and justice," the ministry continued. "In the current situation we will support the judge, who is a Slovenian citizen in carrying out her mandate." Due to the inclusion of an E.U. member state on the sanctions list, Slovenia will propose the immediate activation of the blocking act."
The E.U.'s blocking statute is meant to protect businesses in the 27-nation bloc from adverse consequences of foreign—particularly U.S.—sanctions.
During the first Trump administration, former Secretary of State Mike Pompeo sanctioned then-ICC Prosecutor Fatou Bensouda and Prosecution Jurisdiction Division Director Phakiso Mochochoko for investigating U.S. war crimes in Afghanistan. This, even after the ICC Pre-Trial Chamber II announced it would not grant a request by Bensouda to open an investigation into the alleged torture of prisoners held in U.S. military and secret CIA prisons in Afghanistan, Poland, Romania, and Lithuania.
In 2021, Khan angered human rights defenders by announcing he was seeking approval to resume an investigation into potential war crimes in Afghanistan committed by the Taliban and the Islamic State—but would exclude alleged crimes perpetrated by U.S. forces.
U.S. and Israeli officials often note that neither country is a party to the Rome Statute. However, the court has affirmedr its jurisdiction "in relation to crimes committed on the territory of Palestine, including Gaza," as well as "over crimes committed by Palestinian nationals inside or outside Palestinian territory."
Responding to the U.S. sanctions, Amnesty International secretary general Agnès Callamard said Friday that "this is an attack against international justice and the fight against impunity."
"Governments who believe in a rule-based order must take all necessary measures to protect the four judges against the impact of the sanctions," she continued. "They must assure the ICC of their full support. They must voice their commitment to the independence and impartiality of the ICC clearly and loudly. They must implement all arrest warrants and support the ICC in all its investigations."
"International justice is a battleground. It has been so from the very beginning," Callamard added. "Victims know so all too well. We will keep fighting and resisting all attempts to derail, undermine, destroy the search for justice and the rule of law."
In April, the ACLU filed a lawsuit in a Maine federal court on behalf of Matthew Smith, co-founder of the human rights group Fortify Rights, and international lawyer Akila Radhakrishnan arguing that Trump's sanctions against Khan violate their First Amendment rights.
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Despite Trump-Musk Feud, CO2 Milestone Is the 'Important News of the Day'
Scientists said that atmospheric carbon dioxide concentrations peaked above 430 parts per million for the first time in perhaps 30 million years.
Jun 06, 2025
The concentration of carbon dioxide in the atmosphere peaked above 430 parts per million in 2025—the highest it has been in millions of years—according to data released by the National Oceanic and Atmospheric Administration and Scripps Institution of Oceanography at the University of California, San Diego on Thursday.
The news was overshadowed by the explosive feud between U.S. President Donald Trump and his erstwhile backer Elon Musk, but climate activist Bill McKibben argued that it was ultimately more consequential.
"In the long run, this is actually going to be the important news of the day—CO2 in the atmosphere passes another grim milestone," McKibben wrote on social media.
In the long run, this is actually going to be the important news of the day--co2 in the atmosphere passes another grim milestone
[image or embed]
— Bill McKibben (@billmckibben.bsky.social) June 5, 2025 at 4:33 PM
Carbon dioxide has been accumulating in the atmosphere due primarily to the human burning of fossil fuels, as well as by the clearing of forests and other natural carbon sinks. There, it acts as a greenhouse gas, trapping heat from the Earth, and is the primary gas responsible for the rise of global temperatures by approximately 1.1°C from the 1850 -1900 average. This warming has already had a host of dramatic impacts, from extreme weather events to sea-level rise to polar ice melt, and scientists warn these impacts will only accelerate under current energy policies, which put the world on track for around 3°C of warming by 2100.
The last time that atmospheric CO2 concentrations topped 430 ppm was most likely more than 30 million years ago, Ralph Keeling, who directs the Scripps CO2 Program, toldNBC News.
"It's changing so fast," he said. "If humans had evolved in such a high-CO2 world, there would probably be places where we wouldn't be living now. We probably could have adapted to such a world, but we built our society and a civilization around yesterday's climate."
"While largely symbolic, passing 430 ppm should be a wake-up call."
Scripps and National Oceanic and Atmospheric Administration both measure carbon dioxide levels from NOAA's Mauna Loa Observatory in Hawaii, where Charles Keeling began taking measurements in 1958. As CO2 levels rise over time, they also follow a seasonal cycle—peaking in May before falling in the Northern Hemisphere summer and rising again in the fall.
This May, Scripps Oceanography calculated an average of 430.2 ppm for 2025, which is 3.5 ppm over the average for May 2024. NOAA's Global Monitoring Laboratory, meanwhile, calculated a monthly average of 430.5 ppm, a 3.6 ppm jump from the year before and the second-steepest yearly climb since 1958.
"Another year, another record," Keeling said in a statement. "It's sad."
The news comes two months after Mauna Loa daily measurements surpassed 430 ppm for the first time in March, which Plymouth Marine Laboratory professor Helen Findlay called "extremely disappointing and worrying."
"While largely symbolic, passing 430 ppm should be a wake-up call, especially given the accelerated response we are seeing of glaciers and ice sheets to current warming," Dr. James Kirkham, chief scientist of the Ambition on Melting Ice coalition of governments, said at the time.
"This upward trajectory is a direct result of continued fossil fuel use, likely exacerbated by emissions from extreme wildfires last year, methane leaks from fossil fuel extraction and possibly greater permafrost emissions, alongside decreased ability of very warm oceans to absorb CO2," Kirkham said.
The monthly record also comes a little more than a week after a United Nations report warned that there was a small chance global temperatures could surpass 2°C in at least 1 of the next 5 years, only a decade after world leaders pledged in the Paris agreement to keep global temperatures "well-below" that level.
"Carbon emissions are still rising, and the atmosphere is going to keep heating further until greenhouse gas concentrations stabilize," Matt Kean, who chairs Australia's Climate Change Authority, wrote in response to the Scripps and NOAA figures. "What sort of climate do we want to leave our children and those who come after them?"
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