Des Moines Register: Law enforcement needlessly inflames pipeline protests




Eleven months ago, a group of armed militants piled into a couple of pickup trucks and headed for Malheur National Wildlife Refuge in Oregon. Once there, they took control of the headquarters building, stationed armed guards around the perimeter and began issuing ominous threats of violence unless the federal government relinquished control over 1.4 million acres of national forest.

Just for good measure, they named their merry band of flag-waving commandos the Citizens for Constitutional Freedom, underscoring their bizarre belief that as individuals we all have a constitutional right to simply take, at gunpoint, land and property that belongs to all of us collectively.

The government responded the same way parents react to a child’s tantrum: quiet patience. Authorities adopted a strategy of waiting out the offenders, at one point attempting to gently nudge them back into the real world by offering them a police escort out of the county if they’d just quit misbehaving.

But, as so often happens when the right to bear arms collides with one’s right to be stupid, the freedom fighters’ campaign ended in bloodshed. In a confrontation with police, one of the men was shot and killed as he reached into a pocket containing a loaded gun. After that, most of the rebels gave up, went home or were carted off to jail. Eleven pleaded guilty to an assortment of criminal charges, but a jury last month acquitted seven of them on conspiracy and weapons charges.

Now, contrast the manner in which law enforcement responded to the armed takeover of federal land in Oregon with the way it has responded to Native Americans and others protesting the Dakota Access pipeline. As currently planned, this pipeline will transport crude oil more than 1,100 miles from North Dakota to southern Illinois, and in the process it will cross a major waterway near the Standing Rock Sioux Indian reservation.

In September, shortly after construction workers bulldozed North Dakota land that tribal leaders consider sacred, protesters flooded into the area. As local police watched, a private security company used pepper spray and attack dogs on unarmed demonstrators. Local police later claimed the protesters were violent, swinging fence posts and brandishing knives, but the available video suggests otherwise.

That video, which was broadcast repeatedly on national television networks, prompted the police to issue an arrest warrant for the journalist who shot it. Amy Goodman of Democracy Now was charged with rioting — a charge that, thankfully, was later tossed out by a judge. McLean County State’s Attorney Ladd Erickson admitted that Goodman’s arrest was based in part on the content of her reporting. “She’s a protester, basically,” he said. “Everything she reported on was from the position of justifying the protest actions.”

Then, late last month, National Guard troops and police from a half-dozen states cleared out a protest camp that was blocking roads and highways. Using armored personnel carriers, they advanced on the protesters until a tribal elder physically placed himself between the demonstrators and the authorities, then turned to his people and said: “Go home. We’re here to fight the pipeline, not these people, and we can only win this with prayer.”

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There’s no question that many of the Dakota Access protesters are engaged in civil disobedience, so fines and citations are entirely justified. But the private security firms, the police and the prosecutors have gone far beyond that. Their actions are so heavy handed they seem designed to inflame the situation and to encourage violence. Several Native Americans have reportedly been jailed and strip-searched for minor offenses such as disorderly conduct.

When one compares that sort of overreaction to the government’s low-key response to the good ol’ boys who brandished guns while seizing a wildlife refuge, one has to wonder how much a role race plays in all of this. After all, the federal government has a long and thoroughly documented history of disrespecting the rights of Native Americans — right up to, and including, genocide.

The police and the National Guard have a duty to keep the peace in North Dakota, but they’re also obligated to use the minimum force necessary — not just to protect the rights of protesters, but also to avoid a needless escalation in hostilities.

As Amnesty International has already observed, “confronting men, women, and children while outfitted in gear more suited for the battlefield is a disproportionate response.”




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New York firms envision ways for the city to absorb 9 million residents


In his four-plus decades as New York City’s “master builder,” Robert Moses oversaw the construction of 13 bridges, 416 miles of parkways, 658 playgrounds and 150,000 housing units. In the decades since, even as city planners have done well “building back” much of what time, neglect and, in the case of the World Trade Center, terror had laid low, they have been hard-pressed to approve, let alone complete, any major infrastructure projects on the scale of what Moses accomplished. But as the city’s population surges toward 9 million, the time for thinking small is now past. Fortunately, there’s no shortage of big ideas to fill the void—which is why we asked a group of leading architects, designers and real estate experts to offer up some of their visions for the city’s future. So as we examine Moses’ complex legacy, and its impact on how things get built today, we also glimpse some possibilities to come, and take comfort in the prospect that we can make it here. 

Gensler's idea for a light rail from Jackson Heights to Brooklyn Army Terminal

Gensler
BIG IDEA: Repurposing existing track beds to allow light-rail commuter lines and commercial development
ESTIMATED COST: N/A

With subway ridership bursting at the seams, Mayor Bill de Blasio has proposed creating a light-rail line to run from Astoria, Queens, to Sunset Park, Brooklyn. 


The folks at architectural and design firm Gensler want to take that idea a step further, proposing a high-powered, multimodal, 15-mile rail line from Jackson Heights to the Brooklyn Army Terminal by repurposing existing freight lines. By leveraging current infrastructure to support emergent commercial activity, the below-grade transportation corridor would effectively create new land to develop. The key is getting the tracks’ owner, the Long Island Rail Road, to share them.

“All the track you need for this project already exists. Economics wouldn’t be an obstacle.” 
—Oliver Schaper, Gensler director of planning and urban design


FX FOWLE's Halo Line that would provide suspended tram service

FX FOWLE's Halo Line that would provide suspended tram service

FXFOWLE
BIG IDEA: Suspended tram line encircling the five boroughs and parts of New Jersey
ESTIMATED COST: A lot

With an estimated 83% of new residents expected to plant their roots in the Bronx, Brooklyn and Queens during the next 25 years, the need for more transportation options to distant parts of the city will grow. FXFOWLE has devised an ambitious plan to create an entirely new transit system: a suspended tram that would encircle the city, connecting the five boroughs and the New Jersey side of the Hudson River. The 57-mile “halo line” would pass over several bodies of water by running along existing infrastructure, including the George Washington, Bayonne and Verrazano bridges. The tram’s construction would be less disruptive than subway expansions and provide a mode of transportation that is operable in the event of widespread flooding, which is becoming increasingly likely. Crucially, it would provide new routes to LaGuardia Airport, Hunts Point Market and other hubs and spur development in far-flung areas such as St. George, Flatbush and East New York. The system would be within a half-mile of 1.7 million residents.

“If you look at New York City and other cities around the world, they’re investing in transportation infrastructure that really spurs growth and development.”
—Jack Robbins, FXFOWLE principal


South Bronx development proposed over Metro-North rail line proposed by Curtis+Ginsberg

Curtis + Ginsberg
BIG IDEA: 
Develop airspace above Metro-North rail beds to increase housing and unite neighborhoods
ESTIMATED COST: 
$780M per mile, $5B to $6B for maximum development

Back in the 1970s, the New York City Housing Authority helped champion an innovative development in the South Bronx. Using air rights over the Harlem Metro-North rail line, three buildings known as Morrisania Air Rights housing were built on steel-lattice frames over the sunken rail bed. As the number of new residents strains the city’s housing stock, Curtis + Ginsberg Architects proposes continuing to build over the remaining seven miles of that same Bronx rail cut. The 60-foot-wide railway is easier to span than the massive layout Hudson Yards is building over, and the prefabricated buildings would absorb the sounds from trains, unlocking the potential for commercial and green spaces on the surrounding underdeveloped land. The 16,000 potential units could house 46,000 residents, and the development would bridge the neighborhoods that have been separated by the train tracks for more than a century.

“A lot of major infrastructure projects create divisions and boundaries. This can help stitch neighborhoods together.”
—Matthew Melody, Curtis + Ginsberg senior associate

PERKINS+WILL
BIG IDEA: Rezoning Newtown Creek area for “makers”
ESTIMATED COST: N/A

Newcomers are flocking to New York for jobs in the creative and entertainment industries, with Brooklyn seeing a 23% growth in information-sector jobs last year. The city’s current residents need good jobs close to inexpensive housing. Perkins+Will proposes converting 50 million square feet of heavy-industrial areas around Newtown Creek, which forms part of the boundary between Brooklyn and Queens, to light-industrial use, with workshops housed in mixed-use developments that include affordable housing. Freight barges and trains would transport goods out of the area, with a streetcar or bus line along the commercial corridor for residents and visitors. Flood risks would be mitigated through a combination of raised berms and “sponge” zones designed to absorb storm surges. Robert Goodwin, New York design director at Perkins+Will, says new cycling and pedestrian paths would be installed on top, making the nine miles of new waterfront space reminiscent of Dutch dikes.

“Heavy industry really isn’t job-supplying. If you put a lot of oil tanks there, it uses a lot of land and doesn’t provide many jobs. So use that land for starting up businesses.”
-Robert Goodwin, New York design director at Perkins+Will’s New York office

SKIDMORE, OWINGS & MERRILL
BIG IDEA: Shrinking the city’s highways in advance of impending automation, and reclaiming surplus space for public use and commercial development
ESTIMATED COST: N/A

If the future really is one full of self-driving cars, computer-directed trucks and sky-riding drones, doesn’t that mean there will be a lot less need for the city’s choked highways? The designers at Skidmore, Owings & Merrill are preparing for that future with a radical reimagining of one of Robert Moses’ least-loved legacies: the invariably jammed Brooklyn-Queens Expressway. Envisioning the world’s first “autonomous electric superhighway” that generates its own power to propel vehicles, the designers call for burying the portion of the roadway that slinks past Cobble Hill and covering it with new housing. The remaining elevated portion would be shrunk to three lanes—half its current width—and replaced with at-grade boulevards, parks and commercial and residential development. The unused roadway surplus would provide a 400-acre windfall of new open space.

AECOM
BIG IDEA: Extend the No. 1 subway to Red Hook, Brooklyn
ESTIMATED COST: $3B

Red Hook has long been underserved by public transit, and as a result, the Brooklyn neighborhood has not grown as much as many nearby communities. But its waterfront real estate has real value, and AECOM has a plan to get more out of it. For roughly $3 billion, the No. 1 train could be extended across the East River, with stations popping up at Atlantic Basin adjacent to the container terminal, at the Red Hook Houses and at the Fourth Avenue connection to the F, G and R subways. That would open the way for 45,000 more residential units. Ancillary benefits include acres of parkland, a revitalized industrial port and flood protections to guard against the kind of damage the neighborhood sustained during Superstorm Sandy.

“This is a canvas where we can create tens of thousands of housing units without pushing people further to the periphery of the city.”
—Christopher Ward, AECOM senior vice president

DATTNER
BIG IDEA: Converting waste-transfer stations into eco-friendly fuel producers
ESTIMATED COST: $750M

In his OneNYC plan, Mayor Bill de Blasio set a target of contributing zero waste to landfills by 2030. Right now, this goal seems distant, as the city recycles or composts just 25% of its solid waste. Much of the remainder gets sent to out-of-state landfills via four waterfront transfer stations located in Manhattan, Queens and Brooklyn. To make the process more sustainable, Dattner Architects suggests outfitting the stations with plasma arc technology, a process that converts solid waste into synthetic gas and other materials that can be sold for industrial and construction uses. Better yet, the process doesn’t release harmful combustion emissions into the atmosphere. In all, Dattner estimates that building the plasma infrastructure would cost $150 million to $200 million per location. But the potential impact of the project would be massive: If the system were instituted at the marine-transfer station in Manhattan and the land-based stations in the Bronx and Staten Island, all city residents and workers could participate in eco-positive waste disposal.

“The tech is at a point where it becomes realistic to consider it. The time to start discussing it is now.”
—Daniel Heuberger, Dattner principal

WACHTEL MISSRY LLP AND KOHN PEDERSEN FOX
BIG IDEA: A hotel, residential, convention and park complex to bring the Javits Center to its full potential
ESTIMATED COST: $700M

A nearly five-acre pier jutting into the Hudson across the street from the Jacob K. Javits Center currently houses an NYPD tow pound that William Wachtel, founding partner at law firm Wachtel Missry LLP, said holds around 200 cars at a time. “It’s the world’s most expensive parking lot,” he said. Instead, Wachtel and architecture firm Kohn Pedersen Fox say the pier could feature nearly 1 million square feet of park space woven into Hudson River Park and the High Line, ballrooms and meeting rooms that could augment the Javits Center as well as a hotel, residential and retail complex. The whole thing could be connected via a footbridge that would run over the West Side Highway and connect to a point in the existing convention center that was originally designed with a pier extension in mind. The pier itself would be strong enough to support development of the mixed-use base and the hotel or condo towers and could be paid for in part by some form of partnership with a private developer. The project could integrate seamlessly with an expansion announced this year by Gov. Andrew Cuomo.

“This could be a natural extension of Hudson Yards.”
—A. Eugene Kohn, KPF chairman

DESIGN TRUST FOR PUBLIC SPACE
BIG IDEA: Transforming unused space under elevated infrastructure into public plazas
ESTIMATED COST: N/A

Hundreds of miles of elevated highways, bridges, subway and commuter rail lines cut across New York City neighborhoods, and the areas beneath them are often poorly lit and unappealing—and sometimes dangerous. But rather than gritty barriers that divide neighborhoods, like the Brooklyn Queens-Expressway in Sunset Park or the elevated No. 2 and No. 5 lines in the Bronx, the Design Trust for Public Space sees these millions of square feet of publicly owned land as an enormous asset. The nonprofit envisions green, brightly lit pedestrian plazas that would knit neighborhoods and residents together. Storm-water runoff from highways could feed lush plantings below—which would have the dual benefit of absorbing CO2 pollution from the traffic passing above. The trust has already tested out its idea with several pilot projects, and is currently working with the city to develop a municipal El-Space Program that would help communities across the five boroughs replicate their results.

“The possibilities are endless.”
—Ozgur Gungor, DTPS communications manager

SLCE ARCHITECTS
BIG IDEA: Adding multiuse buildings  to underused schoolyards
ESTIMATED COST: $50M per project

Many of the city’s public schools are low-rise buildings adjacent to big open spaces.SLCE Architects proposes to build multipurpose structures in their courtyards. Unused areas and air rights could be sold and leased to housing developers, with building heights limited per neighborhood norms.

“If you go into districts in Queens and Staten Island with private houses, saying you’re going to build a 40-story building, it’s never going to happen,” says Saky Yakas, a partner at SLCE. “You have to consider the neighborhood and its scale. These would be mid-rise buildings rather than high-rise buildings.”

With about 850 New York City schools ripe for such development, SLCE estimates that the new buildings could house 255,000 people, with many of the units devoted to affordable housing. The new developments could be a boost to schools, too. At P.S. 40 Edward K. Ellington in Jamaica, for instance, student capacity would be increased by 37% without sacrificing much playground space.

“This could be a win-win situation if you can get the bureaucrats to sit down and figure out some way to implement it.”
Saky Yakas, SLCE partner

ODA NEW YORK
BIG IDEA: Enhancing private developments with more public space
ESTIMATED COST: $360M

Gentrification often creates a divide between new and old residents, but it doesn’t have to be that way. ODA New York envisions a new type of development rising in trendy Bushwick, Brooklyn—a multifaceted apartment complex that doubles as a public space. Set on the former site of the Rheingold brewery, the new structure would house 1,500 to 2,000 people while accommodating many more. Nearby residents of Bushwick and Williamsburg could use the site’s ample public facilities including park space and coffee shops.

“The old formula for large residential projects was luxury by segregation,” said Eran Chen, executive director of ODA. “Dead-end boxes with amenities available only to the people living there. People today are interested in buildings that are connected to their environment and neighborhoods.”

Chen estimates that construction will cost $360 million. ODA has already submitted plans, including rezoning requests, that are in the early public-review stages.

“Not only do I think it’ll be less disruptive to the neighborhood, it’ll be a place of engagement, a place to be.”
—Eran Chen, ODA New York executive director

PERKINS EASTMAN
BIG IDEA: Turning subway stations into places to linger
ESTIMATED COST: $10 million per station

Traditionally, the sole purpose of a subway station is for riders to hop on and off trains. But Perkins Eastman envisions subway stops as destinations. At the Bowery–East Houston Street intersection, for instance, a sunken amphitheater and rotunda could be built to minimize the congestion at the nearby Second Avenue F stop. Plus, diverting cars into a roundabout would make the streets safer. The company figures the Bowery/Houston rotunda would cost at least $10 million.

If enough subway stops are adapted into destinations, many New Yorkers would benefit. More than 5.8 million riders used the Second Avenue stop last year, and many more pedestrians passed through the area. A new hangout there could lead to additional development and heightened property values.

“I don’t think anyone thinks private automobiles will dominate the public realm in the next 100 years. There’s an emphasis on quality of life in the public realm, and the goal is to repurpose the transit system.”
—Jonathan Cohn, principal at Perkins Eastman

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CETRARUDDY ARCHITECTURE
BIG IDEA Rediscovering the forgotten borough
COST N/A

Through New York’s building boom, Staten Island has largely been left on the sidelines. But CetraRuddy Architecture sees wide opportunity in the borough, and has a multifaceted plan. Residents could find new homes when a community—Staten Island City—is constructed on the west shore near the Goethals Bridge. With the installation of 150,000 units in this new neighborhood, Staten Island’s housing stock would increase by 38%. Moving eastward, CetraRuddy proposes a tech campus and cultural hub within the renovated Fresh Kills Park. As far as transportation, a rail line along the northern and western parts of the island could be revitalized, increasing density along station stops. And with increased ferry service, Staten Island could start to feel more like an integral hub than New York’s forgotten borough.

“Staten Island is a borough that hasn’t been looked at in a visionary way. But it can be more than a community of residents. It can be a place to live, work and play in the future.”—Theresa Genovese, principal at CetraRuddy

Correction: Ozgur Gungor’s name was misspelled in an earlier version of this article published online Oct. 30, 2016.

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Pomerantz Law Firm Announces the Filing of a Class Action against Alexion Pharmaceuticals, Inc. and Certain Officers – ALXN

NEW YORK, Nov. 17, 2016 (GLOBE NEWSWIRE) — Pomerantz LLP announces that a class action lawsuit has been filed against Alexion Pharmaceuticals, Inc. (“Alexion” or the “Company”)(NASDAQ:ALXN) and certain of its officers.   The class action, filed in United States District Court, Southern District of New York, and docketed under 16-cv-08946, is on behalf of a class consisting of all persons or entities who purchased or otherwise acquired Alexion between February 10, 2014 and November 9, 2016, both dates inclusive (the “Class Period”), seeking to recover compensable damages caused by Defendants’ violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) and Rule 10b-5 promulgated thereunder.

If you are a shareholder who purchased Alexion during the Class Period, you have until January 17, 2017 to ask the Court to appoint you as Lead Plaintiff for the class.  A copy of the Complaint can be obtained at www.pomerantzlaw.com.   To discuss this action, contact Robert S. Willoughby at rswilloughby@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, ext. 9980. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and number of shares purchased. 

[Click here to join this class action]

Alexion, a biopharmaceutical company, develops and commercializes therapeutic products. Among the Company’s products is Soliris (eculizumab), a monoclonal antibody for the treatment of paroxysmal nocturnal hemoglobinuria (PNH), a genetic blood disorder, and atypical hemolytic uremic syndrome (aHUS), a genetic disease.

The Complaint alleges that throughout the Class Period, Defendants made materially false and misleading statements regarding the Company’s business, operational and compliance policies.  Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) Alexion employed improper sales practices with respect to Soliris; (ii) consequently, the Company’s revenues from Soliris sales were unlikely to be sustainable; and (iii) as a result of the foregoing, Alexion’s public statements were materially false and misleading at all relevant times. 

On November 4, 2016, Alexion cancelled an appearance at the Credit Suisse Healthcare Conference, scheduled for November 6-8, 2016, telling Leerink Partners LLC only that “something came up.”  Following the cancellation, analysts noted that Alexion had also failed to file its Quarterly Report on Form 10-Q with the SEC within two days of its earnings announcement on October 27, 2016, a break from the Company’s historical practice.

On this news, Alexion’s share price fell $8.95, or 6.94%, to close at $120.05 on November 7, 2016, the following trading day.

On November 9, 2016, post-market, Alexion issued a press release and filed a Current Report on Form 8-K with the SEC concerning certain of the Company’s financial and operating results for the quarter ended September 30, 2016 (the “Q3 2016 8-K”) and filed a Form NT 10-Q with the SEC (the “Q3 2016 NT 10-Q”), announcing that the Company would not be able to timely file its financial and operating results for the quarter ended September 30, 2016.

On this news, Alexion’s share price fell $0.28, or 0.22%, to close at $126.88 on November 10, 2016.  As the market continued to digest the significance of Alexion’s announced investigation, Alexion’s share price fell an additional $13.26, or 10.45%, to close at $113.62 on November 11, 2016.

The Pomerantz Firm, with offices in New York, Chicago, Florida, and Los Angeles, is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, the Pomerantz Firm pioneered the field of securities class actions. Today, more than 80 years later, the Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class members. See www.pomerantzlaw.com

CONTACT:

Robert S. Willoughby
Pomerantz LLP
rswilloughby@pomlaw.com


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Law firm 'said it could access NI Executive'

The investment fund which bought Nama’s Northern Ireland portfolio was told by a law firm that it could get them “access” to the NI Executive, an Irish parliamentary committee has heard.

Cerberus bought the loan portfolio for £1.3bn in 2014.

It paid a £15m “success fee” to the Brown Rudnick law firm for work it had done on the portfolio.

Brown Rudnick also claimed it could help Cerberus “position itself effectively with key stakeholders”.

Cerberus chief operating officer Mark Neporent said Brown Rudnick claimed that they could get access to the executive via the Belfast law firm Tughans.

“They told us they could get us access to other stakeholders… the Northern Ireland Executive, people in the Republic,” he said.

Mr Neporent is giving evidence to the Public Accounts Committee in Dublin.

Cerberus agreed to hire Brown Rudnick on 24 March 2014 and on 25 March the Cerberus chairman Dan Quayle met First Minister Peter Robinson at Stormont.

Mr Neporent agreed with committee member Mary Lou McDonald that Brown Rudnick “were as good as their word” in getting access.

Nama, an Irish state agency, was established in 2009 to take control of billions of euro of bad property loans which were damaging the Irish banks.

Controversy has surrounded the sales process.

Brown Rudnick and Tughans had previously been working with another fund, Pimco, which was bidding for the portfolio.

Pimco withdrew from the bidding process when it emerged that its fee arrangement with the firms was to involve a payment to Frank Cushnahan, a former Nama advisor.

Cerberus then engaged Brown Rudnick on what it terms “a success fee only basis”, meaning a fee would only be paid if the deal was done.

Brown Rudnick agreed to share the success fee with Tughans.

Cerberus said it received “express confirmation” from both firms that no fee or commission was payable to any current or former Nama advisors.

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Law firms slam council's 'deeply concerning' decision to award Asons a secret £300,000 grant

TWO of Bolton’s top solicitor firms have slammed a decision by council chiefs to give Asons a grant of £300,000 and called on the firm to hand the cash back.

Company partners are also now demanding a full investigation into the decision taken by council chiefs to award the grant.

News of the secret deal, which was agreed in private using what is known as the Emergency Powers procedure, has caused outrage since it was revealed by The Bolton News on Saturday.

Council accused of running ‘dictatorship’ after secretly approving £300,000 grant to town centre law firm

The cash has been granted to Asons to help with ‘development costs’ associated with their move to the Newspaper House building in Churchgate.

Amongst those angered by the news are bosses at other town centre law firms.

Craig Morris is a partner at Fieldings Porter, based in Silverwell Street.

He described the decision to award Asons the money as ‘deeply concerning’ and said ‘none of it makes any sense’.

Mr Morris said: “The starting point in all of this is that most lawyers live a comfortable life in comparison to many other people who are struggling through the back end of years of public austerity.

“We shouldn’t be at the front of the queue for public handouts, there are far more deserving causes and the focus for successful law firms should be what we can put back into the local community.”

Fieldings Porter has operated in Bolton for 145 years and Mr Morris said his firm ‘wouldn’t dream of asking the council to subsidise our firm’.

He added: “Five years ago we expanded into Manchester which involved us acquiring new leasehold premises. We performed due diligence and made sure that they were fit for purpose.

“If they hadn’t been we wouldn’t have gone to Manchester City Council to seek a grant, it was our responsibility as business owners to get that right.

“£300,000 is a huge sum of money that could be used for a whole host of important things. It’s temporary accommodation with a social landlord for 50 families. It could fund all school crossing patrols for a year or be used a contribution to social care. There are endless possibilities that are much better uses of public money than this.

“That kind of money could have made a substantial difference to a dozen local businesses or funded 30 apprenticeships.

“For me this is not a political issue, it is one of the proper management of public funds. I cannot believe that the wider labour group has approved this payment and I would call on them and the council as a whole to conduct a formal transparent investigation into this payment.”

He also appealed personally to Asons boss Dr Imran Akram, adding: “We both run successful law firms.

“Please reflect on the fact that this is public money and in accepting the same there are so many other things that the money cannot now be used for. Your business shouldn’t need this cash. Pay it back. It’s the best thing you will do all year.”

Council leader aims to reassure public and calls for full independent audit of decision to award Asons £300,000

EXPLAINER: What are Emergency Powers and why did Bolton Council use them to award Asons £300,000?​

Asons grant: Why Bolton Council gave law firm £300,000 and what it expects in return

Stephen Crompton, joint managing partner at Russell and Russell is also very concerned about the grant.

He said: “This is extremely worrying. Law firms up and down the country have been subjected to the same challenging market conditions as Asons, so why has it been given preferential funding?

“The legal changes relating to personal injury claims is the same for all firms dealing in that area of law, ourselves included, yet we haven’t – and nor do we expect to – receive handouts from the council.

“Any firm worth its salt will adapt to changing conditions and plan accordingly, not expect the public to fund the refurbishment of their office accommodation.

“We have recently invested our own money in a new development on Newport Street in the town centre.

“The fit out of the office space there has cost a significant amount of money, but Russell and Russell is committed to Bolton and we want to remain a local employer and create jobs for local people, not fleece the public purse.

“I’d be very interested to understand on what basis the grant was given.

“When the Bolton News vacated the building, the office space was brought up to standard for selling on or leasing, so why it has taken a further £300,000 to make the place fit for purpose?

He added: “More importantly, is installing a games room and a roof terrace an ethical, and moral, use of public money when there are much needed care homes and children’s centres being threatened with closure because of the lack of funding?”

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Phosphate Mining Firms Set Sights on Southern Africa’s Sea Floor

Africa, Biodiversity, Economy & Trade, Environment, Featured, Food & Agriculture, Headlines, Natural Resources, TerraViva United Nations

President Jacob Zuma answers questions at the National Council of Provinces on Oct. 25, 2016. During the session, he said Operation Phakisa helped drive investments worth R17 billion toward ocean-based aspects of the economy since 2014. Courtesy: Republic of South Africa

President Jacob Zuma answers questions at the National Council of Provinces on Oct. 25, 2016. During the session, he said Operation Phakisa helped drive investments worth R17 billion toward ocean-based aspects of the economy since 2014. Courtesy: Republic of South Africa

JOHANNESBURG, Nov 17 2016 (IPS) – A persistent fear of diminishing phosphorus reserves has pushed mining companies to search far and wide for new sources. Companies identified phosphate deposits on the ocean floor and are fighting for mining rights around the world.

Countries in southern Africa have the potential to set an international precedent by allowing the first offshore mining operations. South Africa specifically is one of the first countries on the continent to begin legislating its marine economy to promote sustainable development, and questions surround mining’s place in this new economy.

While the fishing and coastal tourism industries account for slightly more than 1.4 billion dollars of GDP, the potential economic benefits from marine mining remain unclear.

From April 2007 to August 2008, the price of phosphate, a necessary ingredient in fertilizer, increased nearly 950 percent, in part due to the idea that phosphate production had peaked and would begin diminishing. Before prices came back down, prospectors had already begun looking for deep sea phosphate reserves around the world.

Since then, the fledgling seabed phosphate industry has found minimal success. While several operations are proposed in the Pacific islands, New Zealand and Mexico rejected attempts at offshore phosphate mining in their territory.

This means southern African reserves – created in part by currents carrying phosphate-rich water from Antarctica – are the new center of debate.

Namibia owns identified seabed phosphate deposits, and the country has recently flip-flopped about whether to allow mining. A moratorium was in place since 2013, but in September the environmental minister made the controversial decision to grant the necessary licenses. Since then, public outcry forced him to set those aside.

Most attempts at seabed phosphate mining have sputtered in the face of moratoriums and other roadblocks. Graphic courtesy of Centre for Environmental Rights

Most attempts at seabed phosphate mining have sputtered in the face of moratoriums and other roadblocks. Graphic courtesy of Centre for Environmental Rights

The former general project manager of Namibian Marine Phosphate (Pty) Ltd, a company that applied to mine in Namibia, told IPS that environmental groups and fisheries proved to be a loud and organised opposition. He predicted the debate in South Africa would be just as difficult for mining companies to win with no precedent for such mining.

Adnan Awad, director of the non-profit International Ocean Institute’s African region, said, “There is generally this anticipation that South African processes for mining and for the policy around some of these activities are setting a bit of a precedent and a bit of a model for how it can be pursued in other areas.”

Three companies, Green Flash Trading 251 (Pty) Ltd, Green Flash 257 (Pty) Ltd and Diamond Fields International Ltd., hold prospecting rights covering about 150,000 square kilometers, roughly 10 percent, of the country’s marine exclusive economic zone.

Diamond Fields International’s prospecting right along 47,468 square kilometres of the Indian Ocean shares space with areas of oil exploration and production. Source: Diamond Fields International Ltd. background information document

Diamond Fields International’s prospecting right along 47,468 square kilometres of the Indian Ocean shares space with areas of oil exploration and production. Source: Diamond Fields International Ltd. background information document

The law firm Steyn Kinnear Inc. represents both Green Flash 251 and Green Flash 257. “Currently it does not seem as if there is going to be any progress, and there is definitely not going to be any mining right application,” Wynand Venter, an attorney at the firm, said, calling the project “uneconomical.”

Venter said the Green Flash companies received drill samples, which showed current prices could not sustain seabed phosphate mining.

This leaves Diamond Fields as the only remaining player in South African waters. The company announced in a January 2014 press release that it received a 47,468 square kilometer prospecting right to search for phosphate.

According to information the company published summarising its environmental management plan, prospecting would use seismic testing to determine the benthic, or seafloor, geology. If mining commenced, it would take place on the seafloor between 180 and 500 meters below the surface.

“A vital and indisputable link exists between phosphate rock and world food supply,” the company stated, citing dwindling phosphate reserves.

Diamond Fields did not respond to repeated requests for comment.

Environmentalists argue that not only would phosphate mining destroy marine ecosystems, but it would also lead to continued overuse of fertilizers and associated pollution. They call for increased research into phosphate recapture technology instead of mining.

“We could actually be solving the problem of too much phosphates in our water and recapturing it. Instead we’re going to destroy our ocean ecosystems,” John Duncan of WWF-SA said.

The act of offshore mining requires a vessel called a trailing suction hopper dredger, which takes up seafloor sediment and sends waste back into the water column.

A southern right whale swims off the coast of the Western Cape province near Hermanus, a town renowned for its whale watching. South Africa’s Department of Mineral Resources granted three prospecting rights covering about 150,000 square kilometers, or 10 percent, of the country’s exclusive economic zone. Credit: Mark Olalde/IPS

A southern right whale swims off the coast of the Western Cape province near Hermanus, a town renowned for its whale watching. South Africa’s Department of Mineral Resources granted three prospecting rights covering about 150,000 square kilometers, or 10 percent, of the country’s exclusive economic zone. Credit: Mark Olalde/IPS

“It amounts to a kind of bulldozer that operates on the seabed and excavates sediment down to a depth of two or three meters. Where it operates, it’s like opencast mining on land. It removes the entire substrate. That substrate become unavailable to fisheries for many years, if not forever,” Johann Augustyn, secretary of the South African Deep-Sea Trawling Industry Association, said.

In addition to direct habitat destruction, environmentalists argue the plume of sediment released into the ocean could spread out to smother additional areas and harm wildlife.

Mining opponents also worry offshore mining would negatively impact food production and economic growth.

Several thousand subsistence farmers live along South Africa’s coast, and the country’s large-scale fishing industry produces around 600,000 metric tonnes of catch per year.

“[Mining] may lead to large areas becoming deserts for the fish populations that were there. If they don’t die off, they won’t find food there, and they’ll probably migrate out of those areas,” Augustyn said.

While the fishing and coastal tourism industries account for slightly more than 1.4 billion dollars of GDP, the potential economic benefits from marine mining remain unclear. There are no published estimates for job creation, but Namibian Marine Phosphate’s proposal said it would lead to 176 new jobs, not all of them local.

“The benefits are not coming back to the greater South African community,” Awad said. “African countries generally have been quite poor at negotiating the benefits through multinational companies’ exploitation of coastal resources.”

South Africa is one of only three African nations – along with Namibia and Seychelles – implementing marine spatial planning. This growing movement toward organised marine economies balances competing uses such as oil exploration, marine protected areas and fisheries. Earlier this year, the Department of Environmental Affairs, DEA, published a draft Marine Spatial Planning Bill, the first step toward creating marine-specific legislation.

According to government predictions, a properly managed marine economy could add more than 12.5 billion dollars to South Africa’s GDP by 2033. What part mining will play in that remains to be seen.

“Internationally the off-shore exploration for hard minerals is on the increase and it is to be expected that the exploitation of South Africa’s non-living marine resources will also increase,” the DEA’s draft framework said.

Neither the Department of Mineral Resources nor the DEA responded to repeated requests for comment.

Mark Olalde’s mining investigations are financially supported by the Fund for Investigative Journalism, the Fund for Environmental Journalism and the Pulitzer Center on Crisis Reporting. Additional support for this story was provided by #MineAlert and Code for Africa.

 
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Ipswich-based digital agency Crafted wins double commission from law firm Birketts

08:00 17 November 2016

Tom Gillman, commercial director at Crafted, left, and Matthew Rowe, – PR and communications manager at Birketts.

Tom Gillman, commercial director at Crafted, left, and Matthew Rowe, – PR and communications manager at Birketts.

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Suffolk digital marketing agency Crafted has been appointed by regional law firm Birketts LLP to manage two significant projects.

Crafted, which is based at St Vincent House in Cutler Street, Ipswich, is to rebuild Birketts’ corporate website and will also support the firm in a strategic brand realignment.

Tom Gillman, commercial director at Crafted, said: “Being appointed to create digital identity for an award-winning, top 100 law brand is exciting. Working for a company who’s built that success from a regional base is even better.

“A new website build is something we always feel extremely proud to be involved in,” he added.

Crafted, which also has an office in London, is a Gold Partner of online software company Kentico and a member of the 2015 cohort of the Future50 growth programme for firms in Suffolk and Norfolk.

Birketts is one of the top regional law firms in the UK, providing legal advice for businesses and individuals from offices in Ipswich, Chelmsford, Cambridge and Norwich.

It currently operates from offices in Museum Street, Ipswich, but is due to relocate to new-build premises in Princes Street, on the site for the recently-demolished Riley’s snooker hall.

Matthew Rowe, PR and communications manager at Birketts, said: “Crafted are Kentico Gold Partners, have an impressive client roster and understood our requirements quickly.

“They have a great reputation for delivering first-class sites and I am very confident that our new website will be a significant improvement.”

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CRA warns 31 firms selling radio equipment with licence

Qatar’s Communications Regulatory Authority (CRA) has conducted a routine inspection of shops selling radio and telecommunication equipment and a total of 31 violation notices were issued for using or selling equipment without valid licences. CRA’s inspection team visited 60 sites over a two-week period, targeting malls, souks, commercial areas, as well as neighbourhood grocery stores.

CRA issued 31 notices for a range of violations, the most common being shops selling mobile phones without a valid licence. The notice entails the non-compliant shops to regularise their licence or to obtain the right licence if they do not have one. If the appropriate licences have not been obtained, CRA is empowered to take legal action against the defaulters. CRA manages Qatar’s radio spectrum, and conducts routine inspections to ensure compliance with the Telecommunications Law.

Under the Law, the import and sale of radio and telecommunication equipment requires an authorization from CRA. Approvals are necessary to ensure the equipment meets certain safety and technical standards. Radio and telecommunication equipment includes, but is not limited to, mobile phones, wireless local area networks (WLAN), and short range devices (SRD).  Earlier in April, CRA issued 48 violation notices. More than 50 percent of those violations have been rectified by the business owners. Legal action will be taken against the businesses that have failed to rectify their violation.

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