National Public Radio Reports on "Conflict Minerals;" A New Challenge for Corporate Supply Chains?

National Public Radio recently broadcast a report on the mining of "conflict minerals," minerals that are extracted in worn-torn countries often under the watchful eye of war lords. "Monitoring Conflict Minerals: Who's Accountable?" (June 15, 2010) is well worth listening to.

As the price of minerals such as gold and tin increase and the need for war lords to restock their financial cupboards continues to exist, this sort of practice is likely to receive greater public scrutiny. One group that seems sure to receive increased attention in terms of where their minerals are coming from is the high tech industry. It should surprise no one when shareholders begin to ask corporate executives whether they fully understand their own supply chains.

Mining Investment Risk Rising in Australia: "Resource Super Profits Tax" Debate Heats Up

The political debate in Australia over the government's proposed "resources super profits tax" is now well underway.

As characterized recently in the Financial Times ("Australian super tax increases investment risk," June 3, 2010), "The proposition...is for mining companies to take on 100 percent of the costs and risks associated with their investments but pay more than 50 percent of the gain to the government." Anyone interested in the intersection of nation state tax and resource policy with mining company investment decisions should read the article.

Australian Prime Minister Kevin Rudd has argued that such a tax would be fairer to the Australian people. On the other hand, the major mining companies operating in the country are uniformly against it.

Does this portend a more difficult investment environment for mining companies? One way to look at it is that if Australia can do this, then anyone can (and may).

"The Environment & Intellectual Property:" Financial Times Publishes Special Report Explaining the Linkages

As reported by the Financial Times, "Green technologies are often heavily dependent on intellectual property." As a result, those interested in green technologies are well advised to me familiar with the trends involving intellectual property.

An FT special report "The Environment & Intellectual Property" was published June 4, 2010. Among the key stories:

• "Protecting ideas is crucial for eco-technology to succeed"
• "Green issues are still a concern for food buyers"
• "Moral good, financial gain"

Everyone interested in resources issues -- be they green energy, mining, or oil and gas -- should be reading the Financial Times on a daily basis. There is simply no better global coverage to be found anywhere of these issues.

The World Cup Begins: Good Luck to all the "Sturm College of Law" Countries!

The World Cup, the every four year event that marks the world's largest sporting event, kicked off yesterday in South Africa for the first time ever.

As I look over the contingent of teams vying for the title "Champion of the World," it is hard not to think about the rich history and tradition of the University of Denver Environmental and Natural Resources Law & Policy Program and to reflect on the wonderful students we have enjoyed from every corner of the world.

As World Cup 2010 gets underway, it is fitting to call attention to the countries that have a specific link to DU through students who have attended our program but call other countries home. Out of the 32 qualifiers for the World Cup in South Africa, DU is proud to have had students from the following qualifying countries:

• Argentina
• Brazil
• Cameroon
• Chile
• Germany
• Ghana
• Japan
• Mexico
• Nigeria
• South Korea
• Spain
• Switzerland
• Uruguay
• United States

All told, 14 of the qualifiers are from DU "countries," thus giving our community a significant chance to win. Of course the fact that our community includes football powerhouses such as Argentina and Brazil improves our chances.

As each of us so clearly understands, while football is the world's game the challenge of using our resources carefully and prudently and being mindful of environmental protection and the need for development is also the "world's game." Each of us as individuals and all of us as community members have shown a level of commitment to these objectives. Consequently for the next month, we will enjoy the football "world game" while we also think about how best to develop, use, and protect the world's resources.

May best team win and may South Africa enjoy its historic opportunity to host the games! The fact that South Africa can host these games so soon after its tragic history of segregation and inequality should inspire all of us.

--Don Smith

Financial Times Special Report on "Sustainable Banking"

The London-based Financial Times newspaper recently published an excellent special report called "Sustainable Banking." The special report was part of the newspaper's June 3, 2010 North American issue.

According to the special report:

"Sustainable forestry, sustainable fishing, sustainable farming -- the idea of managing the earth's natural resources in a prudent way has been gaining ground rapidly in recent years...Now, so the optimists of the world's financial markets believe, there is a unique opportunity to make sustainability an integral part of banking."

Microfinance and reducing banks' carbon footprint are two of the stories in the special report.

Pew Center on Global Climate Change President Discusses Kerry-Lieberman "American Power Act"

Eileen Claussen, president of the Pew Center on Global Climate Change, recently talked about the political issues associated with the proposed American Power Act, authored by Senators John Kerry (D-Mass.) and Joseph Lieberman (Ind-Conn.). You can watch her remarks on E&E TV's "On Point" show by clicking here.

A summary of the act can be accessed by clicking here.

For those who are following the machinations of Congressional action on the legislation, this 10 minute broadcast is well worth your time.

Sturm College of Law LLM Students From Brazilian Take Part in Conference Addressing Brazil-U.S. Tax Issues

Recently two Brazilian LLM students, Leandra Zanqueta (on the left) and Taciana Marques (on the right), attended a Brazilian Conference promoted by the International Fiscal Association, USA-BRASIL Branch.

According to Ms. Marques:

"We had the pleasure to be the representatives of DU at the conference. During the conference we had the opportunity to discuss the challenges that both Brazil and USA have been facing to compose a bilateral agreement about taxation between the countries.

"There is an issue regarding the agreement between Brazil and US as regards the exchange of information relating to taxes. We also discussed the role of incorporating in the American state of Delaware for multinational companies, mainly related to the fact that so many Brazilian corporations are formed in Delaware. It was a entire panel discussing the acquisition of companies in both countries and the issues arising because of the Brazilian infrastructure development.

"All and all, this conference was important for Leandra and me to interact with the potential investors from Brazil and the U.S."