# Petition for Writ of Certiorari — Placer Dome, Inc. v. Provincial Government of Marinduque, Republic of the Philippines > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386017_1582%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition for Writ of Certiorari - **Published:** January 1, 2010 - **Citation:** 562 U.S. 827 ## Text Samay. 09-9 44 FEB 10 2010 OPFICE OF THE CLEHK In the} upreme Court of thre nited otates PLACER DOME, INC. AND BARRICK GOLD CORPORATION, ae iitioner PROVINCIAL GOVERNMENT OF MARINDUQUE, bee pondent ON PETITION FORA WRIT OF CERTIORARI OTHE UNITED STATES COURT OF APPEALS KOR THE NINTH CIRCUIT PITEPION FOR AWRIEP OF CERTIORARI PERROLD J. GANZERIED Counsel of at ord MOWARD HAN MARTIN CUNNIF I] HOWREY LLP 1299 Pennsylvani: Washington, D.C il) friedy@howre y CO (Z02) 48635-Q800 QUESTIONS PRESENTED Did the Ninth Circuit's reversal of the district court's dismissal on grounds of forum non conventen before deciding jurisdictional issue WMpropertly restrict the discretion granted in Sinochem [ntl Co. v. Malaysia Intl Shipping Corp D049 US. 422, 425 (007), and apply an incorrect standard otf review ? Does federal question jurisdiction eX1st based on the federal common law ol loreign relation: Where substantial foreign policy concerns — art mnpheated, though not expressly stated on the face of the complaint? The Second, fifth, and Kleventh Circuits extend jurisdiction in such cases but the Ninth Circuit apphes a more restrictive test that CX laude: Suit hi Cases irom federal court PARTIES TO THE PROCEEDING Pursuant to Supreme Court Rule 14.1(b) petitioner states that all parties appear in thi caption of the case on the cover pave ' CORPORATE DISCLOSURE STATEMENT Placer Dome, Inc. (PDI) PDI is) wholly imalgamated into Barrick Gold Corporation. ‘There is no parent or publically held company owning 10% Gor Thre of the corporation : tock Barrick Gold Corporation. There is no parent or pubheally held company owning 10% ot more ot the « orporation s stock TABLE OF CONTENTS OPINIONS BELOW IUIKRISDIC TION STATUTORY PROVISIONS INVOLVED IN PRODUCTION AND STATEMENT OF THE CASI PKOCKDURAL BACKGROUND 6 RIASONS FOR GRANTING TH PETITION Q) THE PIETTETION SHOULD Bl GRAN PIED TO PROTECT THE DISCRETION GRANTED TO DISTRICT COURTS BY PHIS COURT IN SINOCHEM TO CREAT NONMERITS ISSUES IN ‘THE MOST EEFREICIENT ORDICR 1 | I. THE PE'PPPION SHOULD BIE GRANTED TO RESOLVE THE SHARP SPLIT OF AUTHORITY ON THE SCOPE OF THE hE DERAL COMMON LAW OF FORKIGN RELATIONS 14 \. ‘There Is A Cireuit Split As To Whether Cases Implhicating The Foreign Relations Of The United States Invoke lederal Question Jumsdiction Based Upon The Federal Common Law Of horejgn Relation 13 The Circuit oplit Needs ‘To Be Resolved ‘To Protect The Interests Served By The Federal Common ! ()] Ktelation Pbhis Case Provides An [4 Vehicle To Contirm ‘The Uy a LO C1) | Orel Xe lation niorm Appr val Ce Lhe rit Ne a tol \ Mia ALD bBearin INDEX TO APPENDICES Prot L/L Lal Crovernment of Marinduque { Placer Home, [re O52 | 4d 1()} a (Oth Car. 2OOYO) United States District Court, District of Nevada, June 7, 2007 Order in Provincial Government of Marinduque v. Placer Dome, Tn (J). Sandoval) Lhi United States District Court, District of Nevada, January 16, 2008 Order in Provincial Government of Marinduque v. Placer Dome, In (.J sandoval) (> | Order Denying Kehearing en bane | (November 12. 2009) 14a } 0a SU SC. 138 Sia Plaintiffs Statement In Respect Of Defendant Placer Dome, In kemoval ())} This Action ‘lo ‘Thi Court, filed in Case No. CV-S-05 1299. United States District (court (Novembe! f, ZOOD) ; OZA Plaintiff's Reply Brief In lurthe: Support Of Its Motion For Order ‘l'o Show Cause Why ‘This Action hould Not Be Remanded ‘To hobs evade caliy real respon ibility lo} L Ii damage ustained on Marinduque 164. As noted above, after the Magyuia-Guila Dam collapsed inp December 1993, Placer Dome refused to accept any respon: ibility for the re ulting death and destruction. Instead, Steven Reid, the Placer-Dome appomted Resident Manager of the mintnyg operation, Claimed that Placer Dome was not legally PeSporns ible lor the dam collapse because if was caused by “unusual rainfall due to a typhoon.” IG5. Less than three years later, Placer Dome shifted the blame tor the Boac River disaste) Clarminy that the plug had collapsed due to shock waves trom a minor carthqual re 166 Despite continuing to blame heavy rainfall for the burst itation dam, and the earthquake for the Boac River disaster, Placer Dome eventually acknowledged its duty and commitment to compensate the victims of the disaster and to remediate the Boac River. Or so it seemed. On April 1 | 1996, John Willson, Placer Dome'’s President, wrote to Philippine President Indel Ramos, stating that The re Tek Le ol Marinduque Who have suffered personal inconvenience or damage to their property as a result’ of the Marcoppe: event will be quickly and fairly compensated In this regard Marcopper has a clea responsibility to repair the damage and pay compensation 101 the loss caused by the discharge of tailings into the environment. A: a major shareholder, Placer Dome 1 Committed to ensuring that VMarcoppes Vill meet all it leval obligation 1M) / In rehance on Placer Dome PPOs the Philippine government decided not to pursue more apyyre Ive measures to Compensate tty CUM of the disaste) 16%. Placer Dome, however, has never hived up tO it promises to the Philippine government, the V’rovince (>! Aa peopl ol Marinduque Althouvh Placer Dome recently paid in ome fund to an Mnvironmental (auarantes hound LO COMmpchsal fishermen and othey Villager allected ah thie disaster, thousand Ol Liem have yal Lo bye COTM pd nsate d at all hie hana l W Os fully ch ar ment to compensate for the harm caused by Placer Dome 169. Placer Dome, moreover employed only the most half-hearted effort to remediate the Boar over. Specihically, in 1997, it built a dredge tunnel at the mouth of the Boac River hoping that it would catch the mine tailings flowing down the river and prevent them from PoOInNgs, OuUL tO ca llowever because Placer Dome did not div the dredge tunne!] deep enough, it did not catch all of the tailings and many of them escaped out to the ea where the damaged PYbca Pate Life Moreoves Place) Wome Hnevel attempted to remove the tailings caught by the dredge tunnel. They remained in the river 170. Shortly after sponsormy th 0-called remediation effort, Placer Dome purportedly divested itself of any interest in Marcopper. First, Places Nome transferred its shares in) Marcopper to a COMpPAahy called BC Holding Ltd. Next, Placer Dome old IC Holding Ltd. to Miarcopper lor a grand total of $1.00. Placer Dome then fled from the Philippine and lelt il wholly owned ub hdaal 1’] jhe Le It) Technical Servic CMPDES ), to addre the ha lest ye hind 1) PiLiTie tailing In and Alf al tha ue ve Sut) Placer Dome did not pare | tailing problem With ubstance bnstead i Ci Vik pubh hing a 34 page comic book entitled Varcoppe) Mine pill OvOry which wa billed wit! Carloon picture and propaganda repvard accidental mine pull (2. According to Placer Dome Come | an earthquake caused “mine wast to leak int Chie rivey Although Lhe i | 1) moved a Wai iter the pill, PITS claimed those fish “will come back ayant hen the rive) Wale! l clean again ' Lhy COMpPAahny FeCSpon ible for cleaning the rive} id promised to rehabilitate the Bowe ive: WV I would “be mostly clean by 199 hake Placer |) li In 1997, PDT! applied to) ch POC TIN 1} thi DIGNK LO dump LHose Triliie Laila uo) ti ocean through an underwater pipe. PDTS pushed thi di p»O al method KNOWN ai : Lins AT itit ‘| i Lil 1)) posal CSTD ) because if Va Liye aL Lp available alternative but Pi failed to tell tl DENER that STD has lony been effectivel banned ( anada Place) Dome home counery cl Wet in the United State pbecause itl nol COonsiacred ay ai ale ne thod lo} qd) pO ny’ ol mihe t whin ' Phe 1) ; ; | | | }?| 1 (OhQ | i) | { ) ® } } {) i ( { | } i ( 5 | i | | ’ ' | } | } } ; ' | ; i } )] leved that tl |) () if Pronwoits iil | | prude ( re it] dan { pro [ Ip] rl i tf bie if mal 1) I qictt ited that VI r Won farhn Cre pul { 1! tu Pycrrie Lf Lt) I ct} i rit b { mast | } rai Lo U indictment, 7) Wome } PhOs¢ Lo | re Lt) probe ric ! iited 4 I ma poaad mine { { 15 t] ( ( r inte Villy CS] i | f 1’) Lippy Y | Mo, the DI TL l that the | er Don (oilicial ha hate prohibition anst eeaen lolating Ol 4x neglecting to Via movironmental ( mip I ( Coertill té ¢ 0,4 } ecordil to the mactment, the DIENK had ed n Wwol to Vi Wome | QuLrin that it: (a) Gut tailin a iplal Mit onl til VWbernatllve Lisp i met 1 ¢ ld be deve | { (Oo) ensure that run 1] | if Leria I prevented trow reachil Lia } it oa | io NR allege that the Piace) Don ()ificial Hull molated this WCC by tail | Lake LC] LO pl ent mine tailin Iron COCptil { t! gralnave Lunnel | I} ithh tbe I { Vith re Cs Lie 1} 11] | VV cil Cod (| DIUGNI wleged tl (| Placer Don (othicial had pmolate pronibit I i mst eriorm)l { ti f } f tyre ety ' ' 7 | ; ) Cit 1’ ] ) i thy | ' | | DD! j { I lye] } } a | | } i) ( | ( | i ‘ | ( ry) thye l, ft rt a 1 in) focal Phe -’ r 1) e OF 7 Lp poe abed hat ru { tne ¢ rt | >} i] mn held that | min mnst tt Piacer Won Q)tticiral uid ed t t) t | Vhilippine lt trial tor t the Placer Dome Officials filed yet ther appeal t lippu ( rt t erie I) | Ll 1’ | | bod to impo | lity for its acti In 2 ! | | lari bcyuie | | | il! . Fi POT { meee I pert | (| tI la ( I Dan My t I mnaue ( Sites nt ava ‘s r Wome in tl an popougie ( I ’ j ] bor [ itt to! Dlen that 17] r 1) ed t huals | Wroun (calancan BK | Viacer DD ha loc 1) ( | | eitl ’ tl ri I | [| rit) ay , ( 1) tte } ' { } I | i] ! Lal Mma } lOGu Which had fled the Philippines less than 18 month: carher, did not attend the first such hearing in May 1999 put tead sent PDTS President John Peter Neilans in its place. Speaking for Placer Dome and PDTS, Neilans promised that) they would not abandon the people of Marindugque, declaring that “Twle will not fade away 190. Despite Nedans representations to the contrary, Placer Dome and PDTS did fade away. And they also refused to appear at the very next conpressional hearmy on this issue, on October 9, ZOOL. On the nieht before the hearing, the new PDTS President, lan Lewis, faxed a letter to Congressman Mdmundo Reyes, dr, announcing that PDTS would not attend that hearme IO). Shortly alter that, another fax, from PDTS arnved in the Convressman’s office, this onc attacking a leaked letter dated August 24, 2001 from Klohn Crippen, a Vancouver-based engineering firm retained by Placer Dome to review its remaining mining structures on Marinduque. That letter, which was addressed to, among others at PD'TS, lan Lewis, urged the immediate remedial action in order to avoid further “loss of hfe” on Marinduque. PD'TS not only dechned to take the action, 11 also refused to explain that decision at the conyvressional hearing 192. Lae than three months after thi hearmy, PDS hke Placer Dome had previously done suddenly closed its offices in Marinduqu and abandoned the Philippines. Both Placer Dome and PD'VS have refused to appear at all subsequent congressional hearings, despite {he issuance olf lO4a congressional subpoenas compelling their attendance at such heariny: 193. Following Placer Dome’s no-shows at the congressional hearings, Philippine President Gloria Macapagal-Arroyo even traveled to Canada to meet personally with Canadian Prime Minister Jean Chretien and Placer Dome representative: 1 late January 2002. During her visit, President Arroyo pleaded for Placer Dome to compensate the people of Marinduque for the extensive damage left behind on the As land Pla Sr Dome ; of course, § ummarily denied , President Arroyos request 194. In the January 2002 meeting, the Place: Dome representatives maintained that there was no proof that Placer Dome had caused a lasting harm to Marinduque. The Province had struggled for years to raise suffiaent funds to pay for an independent study Lo determine hie full extent ol the environmental damage caused by Placer Dome. But the Province was never able to raise enough money 195. Nevertheless, President Arroyo was so infumated by the conduct of the Placer Dome representatives at the January 2002 meeting that upon returning to the Philippines, she promised the Province that she would set aside money in the Presidential budget to fund an independent study Phese funds were subsequently used to fund the USGS’ study of Marinduque IV. DAMAGES A. Environmental Damages a. Calancan Bay. 196. As a direct and proximate result of Place) Dome conduct, Calancan ay j completely saturated with mine tailings. Heavy metals leach out of these tailings into the water and smothers coral reefs and kills flora, fauna, crust: fish, and the surrounding wildlife dependent on these delicate ecosystems for their survival. Moreover, Placer Dom« has dumped such a large volume of tailings into one area of Calancan Bay that it has created a 4.5-mile toxic tailings that stretches out to sea causeway gives off a thick smell of sulphur and it ais littered with rusty pipe. When the wind blow dust-containiny tailings is blown from the causeway to nearby farms, where it infiltrates the soul poison: the crops, and is inhaled by persons and anmmals in b. The Mogpog River. 197. As a direct and proximate result of Place) Dome's conduct, the Mogpog River is a “dead rivet Aquatic hfe can no longer be sustained 1n the river waters. The river is polluted with acid mine drainage and toxic heavy metals. The stream of tailings that seep through the overflow hole in the Maguila-Guila Dam is endless and has not abated since Placer Domes abandonment of the mine. Moreover, the USGS warns that, if any of the ten or so strong typhoons that hit the Philippines each year were to hit Marinduque and the dam, the dam would most certainly collapse, cause a devastating flood, and ADLONP othe. things, release more tox material Into the rive. The Boaec River. 19%. As a direct and proximate result of Place Don : conduct, the sOaCc River ls heavily polluted Of the over 793 milhon gallons (U.5.) of toxic mine tailings that spewed from the ‘Tapian Pit in 1996, 30 percent of the tailings still remain in the rivet Moreover, thousands of sandbags filled with tailing are decaying along both banks of the river and reentering the river during rainstorms. Aquatic life can no longer be sustained in the river waters. Thi is polluted from acid mine drainage and toxi vy metals. Moreover, the citizens’ free use of the 1s NOW Obstructed by the causeway iconomic Damages a. Loss of Use and Enjoyment of Calancan Bay and Surrounding Areas. 199. Citizens can no longer sately Wim and play in Calancan Bay and surrounding areas as a result of Placer Dome’s polluting. Moreover, contrary to Placer Dome’s” assertion that the 4.5-mile causeway of mine tailings in Calancan Bay 1s a nice beach” on which Marinduquenos can hold their pienics, the causeway poses a danger to human health because toxie dust is blown around by the wind and because the ede: ol the CauseCWay, OD) which Marinduquenos continue to walk and fish, are be OMI more and Ore Ul table Destruction hishing Industry and Lost Income Z00. Calancan Bay was once a tertile fishing ound However, ilely edible marine hile 4: found ‘The Orie unobstructed bay ] With a toxic Causeway that intertlere: navigations, commerce, fishing, and harvesting and within the bay. As a result, fishermen, who ed to fish in Calancan Bay, now have to travel three to four hours to fishing pround sea. These nshermen have been unable to catch as many 1) 1) li) these new fishing yround: as they used to catch tn Cfalancan Bay, even with the greater investment ol time and money now required, because there } ey rvadie antly more competition mn these fishing ground hor the first time these Marinduque hshermen ar competing — for 1) with large commercial 1 hiny boat and they cannot po sibly W IT) Lit t) al COMpelilion A ult ol thre fore VOIP? citizens ol the Province hay and will continue to los myniicant income Destruction of the Tourist Industry 201. As a direct and proximate result ol Vilace) Dome environmentally destructive mining activity What Ww once a promising tourist industry in the Province no longer exists. The unique beauty of the Province’s environment, which drew and would have continued to draw tourists in ever mIcreasliny numbet na heen rendered virtually lor this purpose causing substantial econom i for the Province and its cituzen d. Non-User Losse: As a direct and proximate result of Place Domes environmentally destructive mining activilies the natural resource ol the Province have uffered great losses with respect to their Option Kistence, Bequest and Public Goods value: C. Human Health Problems ia Kespiratory Problems 20%. Dust associated with mine tailings blown around “lke flour’ in Marinduque. As a resu area residents inhale this dust that contain: metal In March 2000, the NCDCS found that the level of lead in the air near the coasthne of Botilao exceeded KPA standards and was almost double the level found in another area of Botilao. Residents of Rotilao and other areas around Calancan Bay have eCXperience ad re: piratory problem: as a result b. Heavy Metal Toxicity. 204. In addition to inhaling toxic dust from dangerous mine tailings, Marinduquenos ingest toxi levels of heavy metals by eating fish from Calancan Bay and drinking water from polluted wells. The amounts for some residents are sometimes described as “sublethal with the caveat that resident will continue to accumulate heavy metals in their body Loci hospitals report numerous case metal blood poisoning. This poisoning can cause skin lesions that lead to bacterial infection, tumors, and amputation. Children born to mothers with heavy metal toxicity ure often born mentally retarded 109A hbometime; the treatment lor heavy metal tox art unavailable Or LOO late and Marnduqueno: D. Medical Monitoring and Care 205. ‘The Province ha mcurred and will continue to incur substantial expenses for public health program mcluding without hmuitation medical monitoring, treatment, and care of those citizens exposed to and harmed by the continuing releases of toxic mine tailings into the environment of the Provinces Kk. Necessary Remediation 206. Placer Dome breached the orginal Calancan ay dumping permit that required disposal of mine tailings deep beneath the surface of the bay. Now, the bay 1s completely saturated with mine tailings, and Placer Dome has dumped such a large volume of tailings into one area of Calancan Say that it has created a 4.5-mile long “beautiful beach composed of toxi tailings that stretches out to sea. ‘The environmental damage caused by Place: Dome’s dumping is unfathomable. Placer Dome hould be held to it promise and be forced to remediate and re tore Calancan bay 207. By polluting Calancan Bay, Placer Dome has destroyed or driven away many species of coral, flora, fauna, crustaceans, and fish. ‘To correct thi wrong, Placer Dome should be required to pay lor the re introduction of harmed ppecic. aiter at clean and restore the bay environment mae 20% Placer Dome ha also severely polluted the Moppoy and Boue Rivers and, as a result aquats hfe can no longer be sustained in either river, ‘To correct this wrong, Placer Dome should be required lo remediate and restore the river environments and to pay for the reintroduction of harmed species into the cleaned environment 209. Additionally, when Placer Dome fled from the Philippine, it left the ‘Tapian Pit and the San Antonio Pit in conditions that are danverous to the surrounding environment. Accordingly, Placer Dome should be foreed to renovate and rehabilitate both pits to an environmentally sale condition V. CAUSES OF ACTION COUNT 1: ENFORCING VHE PUBLIC TRUS' 210. The Province incorporates by reference the allegations contained above 213 ‘Thi Province a body politi and political subdivision oof the Repubhe of — the Philippines. It is endowed with authority to exerciss the powers of the Republic of the Philippines in promoting the general welfare; cnhancing the right Of its citizens to a balanced ecolopy; preserving the comfort and convenience of its people; and protecting the ecolopy, environment, and natural resources of its territory and preserving the same for enjoyment by future poneration 212. ‘The Province also share respon iboadit with the Republi oO] t hye Philippine fo) protecting the publie interest in and enforcing the pubhe trust OVC! trie natural na wilhddite resoures Ol territory, including, without limitation, the hore bed and wate) Ol the Mog por and boae hive) downstream coastal area and Calanecan Kay and for ensunny that the ulipino people may enjoy the navigation of their water carry commerce over then wate) and have lberty of fishing and harvestin therev Pre irom artificial obstruction O} €Ws. Placer Dome nproper trespasse ana release Ol acid mine drainave and toxk Lhidaye laihnys have caused and continue to cause injury to the ecolory, environment, and natural resource QO} the hore beds and waters of the Mogp vy and boa Kivel downstream coastal area and Calancan Bay. by these and related actions and failures to act Placer Wome ha unlawtlully obstructed ana Interlered with, and continue lo obstruct md interfere with, the navigation of the waters and the ability to carry Commerce over the wate mcludiny fishing and harvesting therein, and the publi LISst and enyoyment thereof 14 Phe Province is entitled to an award of thie maximum amount 0] damave allowed by lav including Without himitation damaye LO thie Provinces natural resource and damape lor th COSI ol restoration, to their natural state Of all of the resources held in trust by the Province and harmed by Placer Domi releas and trespass mcluding, without limitation, the costs of restorimy the ecolopy, environment, and natural resources of thie hores, bed and waters of the Viogspor and bo ? ive md Calancan a AT! IN Z Col 2: VIOLATI REVISED PENA IMPRUDENCE) THE COD ONS ()}: L, PHILIPPINE (RECKLESS | I tie 17) bic 1) rp here) th) TEE WO! contarned ab ( 1¢ Vursuant to rl le 100 of th Philipp 4 khevised Penal Code, Placer Dome is civilly lable for damave resulting Irom the comm Ion Ol an felon lense »COnNNeCLION ith Operation it the Min i hn regard to Ca nean Ba the tollo n cl and/or 1} () ) Placer Dome non othe) mstituted the teloy olfense ot re le Wnprud ree n violation ol ric Oo ol the Hip) ne Kevi a renal Coa VUirna pod mine tan il at riace evel of Calancan Bay ino recktl aisre ra wv the permit requirement that tau bye | red bene ith the ba t) PULEYDPOEAYS Teh rve bailin at th irlace level if Calancan Bar In recki aisr ird of the environmental damave bene caused te the ba ma the urrounding area: and gadumpin mine tain it Uae irlace level f Calancat Bay in reckl disrevard of the health problem bein ullered by the Mari induqueno { result QO] Lrie ei ronmental damave i sore rd st mal LOE pPo Rive) thy POlLMOWILN icy and/or om 1] 1) Place) LION | Hi) LO «i thst a j } ’ Pal Pil I I)! { 1 if) Lily typhoon Pahiiul re | Li pore |? Aa | feanta [ ! proper! Hated { beil Hauqgu 1) 1] I ¢ ira f Vor Om) ited the felon lolation ol rhich OMe Pill { po i { iil iI I yynnin | Pall LO CON ara Pichi hie ae tailing Prod {hire hh thy t! | 1] (still |) i) Tl i] modal (| | sth Lt! laguila-Gauila Dan I { } ly eal Tale i | mid tire | biige Cat] j 1) i} ent te Mt trom {1 bil the Boae hi r the folk Wn by Placer Dom mnony othe offense of reckle mnprudence t Qi U Mhilippine HK ead rior! CnvYironmental vr 0] (| iPran Vit belore Ulin] nine tapyyn mito it truct the original plug an the nnel ) i Le pre rit pire ecpiny into the Boaue River i} | CoLyye I KI biyiy l the Ws ! rect wate Miro ele ha ipbstantial da COUNT 3 KieVIShD VIOLATIONS } i ' ' ; | } ' | j i | 1 | ; } | i 17 ; | : ‘ | | | | ) } i | I } { | | } ig 1) ( LILtite | | i that yp ted | j 1 try el ()] | rina (] brake re iit i i) i Ok ‘THI COD! VPHILIPPINI j i PIENAI (SIMPL! IMPRUDENCKI) ; | | | { | | | i ’ f I i I i | } ‘ ; i i i : i | | | ' ' | | | ’ ‘ i ( I | ' i i SS ae rit [ I 1) f (irill brit tl { ’ i} ' | i? " , > ' fF lida ( lading LG re pecall Line pluy It) mat drainage funnel within a reasonable time ’, Phese act and om hon: 1 Place Lome among other constituted the felony olfense = ol Sumple mmpradence that proximately caused imyary to the Province and. the people Ol Mannduque /\ a direct and proximate result of such injury, the Province and the people of Marnnduque incurred very ubstantial damapve COUNT 4: VIOLATIONS OF THRE WATER CODE OF THE PUILLEPPINES pe a The Province mcorporals 1) relerence thie ale pation contamed above 228% Pursuant to Article 100 of the Philippine Revised Penal Code. Placer Dome is civilly hable for damape: re ulting ire 1h) thre COMMIS Ion of ahyy 1 lony offense in Connection with operations at the Mine 229. In reyard to Calancan Bay, the following acts and/or om) ions by Placer Dome among other: constituted the felony offense of dumping tailing from mWhininy Operations mto rive and waterway without prior permission, iolation of Article 77 of the Water Code of thi Philippine: dumping mune tailings at the surface level of Calancan Bay in disrepard of the permit requirement Lhicat laihny be buried : beneath the bay bh dumping mine tailings at the surlace level of Calancan Ba Mn) «6Gisreyvard ol the cnvironmental damapve bemp caused to the iy and the urrounding ArCa and 1) dumping mine tailings at the surface level of Calancan Bay in disregard of the health problem being sulflered the Marinduqueno “4 a result of the environmental damage In reyard to the Mogpog River (he following acts and/or omissions by Placer Dom«e amony others, constituted the felony offense of dumping tailings from mining operations into river: and waterways without prior permission, in violation f Article 77 of the Water Code of the Philippines })} failing to desis 1@ Maguila-Guila Dam to withstand av’ asohal rainfall! and/or typhoon failing to construct the Maguila-Guila Dam to withstand heavy seasonal rainfall and/or L\ phoon failing to rebuild the Mapuila-Guila Dam O aS LO prevent toxi silt from flowing into thy Mogpor htaive r. and failing to rebuild the Magpuila-Guila Dam properly and }t) the WiaNnNe] best calculated to ansure the satety of the Marninduquenos downrive rard to the Boac River, the following and/or omissions by Placer Dome, among othe tituted the felony offense of dumping tailing: from mining operations into rive without prio poerinng LOT) the in Violation of Article Water Code of the Philippine to perform vironmental rist me betore ILO it ment Oo) the ning to dump mine tailing truct the orivinal plug ln the tunnel SO a LO prevent TPiifie from sce ping into the oa | LIVE! tunnel ling to construct the oniginal plug mn the dramave tunnel so a to withstand the generated when Placer Dome engineers driiled Ito th LO In tall the pie Lan dramape Lunne] second plug drilling into the drainay: { innel to instal the econd pluy Wilh disreyard for th COMSCGQUCTICE on the onpinal plug and the tunnel, and without the pO ioility oO] collap { drainage regard lO} plug and tunnel! and repair the plug in the drainage ai onabl within a re tim«< Phe acts and omissions by VPilacer Dome among othe constituted the felony offense dumping tailing Irom mining operations and Wito VV without Wale!) UU 44 VWV«l y prior perm proximately ( injury to the Province and the Marninduque A\ a direct and SI]0O)}) that au proximate SOs result of such myury, the Province and the people of Manrnnduque incurred very substantial damape COUNT 5: VIOLATIONS OF THE PHILIPPINE: FISHERIES DECREE OF 1975 233. The Provines Incorporate yy relerence thie alle PawiOl contained Above 234. Pursuant to Article 100 of the Philippine Revised Penal Code, Placer Dome 1s civilly hable fon damaves resulting from the commission of any felony offense in connection with operations at the Mine: 235. In regard to Calancan Bay, the followin acts and/or omissions by Placer Dome, among other: constituted the felony offense of discharging “mining tailings into Philippine waters, in violation of Section ‘7 of the Philippine Fisheries Decree of 1975 a. dumping mine tailings at the surface level of Calancan Bay in disregard of the permit requirement that — tailing be bumned beneath the bay b. dumping mine tailings at the surface level of Calancan Bay in disregard of the environmental damage being caused to the bay and the ; urrounding area; and ¢ dumpmny mine tailings at the surlace level of Calancan Bay in disregard of the heaith problems beiny suffered Dy trie a Marindugqueno a a result Ol the environmental damaye >{ br) revard LO Tri Moy poy River, thie followimy act and/or om) ons by Placer Dome amonpy othe: constituted thie felony OlleNnst 0] discharging mining” tailings into Philippine Wale! nn Violation of Section 37 of the Ih lippine hisheri lecree of 19% failing to design the Magvuila-Guila Dam to Vithstand heavy. easonal raintiall and/or [ phoon failing to construct the Maguila-Guila Dam LQ with tand at ch Cal onal raill fall and/o) phoon failing to rebuild the Mapvuila-Guila Dam Gas to prevent tox it from flowing into mat Moppop Rives and d. failing to rebuild the Magvuila-Guila Dam propertly, ang in thie hanney best calculated to msure thie Wet ol the A A Jiarunduque nos downrive! S/. In regard to the Boac Kiver, the following acts and/or omissions by Placer Dome, among othe constituted the felony offense of discharging “mining taolinygs into Philippine waters, in violation of Section 37 of the Philippine Iishenes Decree of 1975 fadliny LO periorm 4h) environmental rist “a C ment Ol thie Taplan I it belore meriunningp tod LdY) p> Wrdd aie tailing Mito it { ' failing to construct the oriyinal plug in the drainage tunnel {) a LO prevent TyLir)¢ taahiags from seeping into the hoac iver through the drainage tunnel C. Tailing to construct the original plug in the drainage tunnel so as to waithstand the pressure generated when Placer Dome enyineers drilled into the drainage tunne! to install the second plug d. drilling into the drainaye tunnel to install the second plug with disregard for the consequences on the original plug and the drammapve tunnel, and without regard fo the possibihty of aieplugy and tunnel collap { and flailing to repair the plug in the drainape tunnel within a reasonable time 13%. These acts and omissions by Placer Dome amony others, constituted the felony offense of discharging “mining” tailings into Philippine wate that proximately caused injury to the Province and the people of Marnnduque. As a direct and proximate result of such injury, the Province and the people of Marinduque incurred very substantial damage: COUNT 6: VIOLATIONS OF THE PHILIPPINE NATIONAL POLLUTION CONTROL DECREE Qk 1976 Ky The Province Mcorporate by relerence the allegations contained above ‘AQ. Pursuant to Article 100 of thi Philippine fevised Penal Code, Placer Dome ts civilly lable for damaves resulting from the commission of any felony offense th Connection with Operalions at t he Mine 241. In regard to Calancan Bay, the lollowiny acts and/or omissions by Placer Dome, amony othe constituted the felony offense of di ubstance that causes “pollution and/or land of the Philippine posings ol a mito the water. an In violation of Section 4 of the Philippine National Pollution Control Decree ol 197 rs dumping Wwe tailing at thre urlace leve of Calanecan Bay in disregard of the permit requirement that tailing bye burned beneath the bay b. dumping mine tailings at the surface level of Calancan Bay in disregard of the environmental damayve bemy CauUS( d LO thie bay and the surrounding area; and ¢. dumping mine tailings at the surface level ol ¢ alancan bay if) di: repard ol the health problem: being ulfered by thie Marinduqueno as ‘a result ol thie environmental damage 242. In repvard to the Mogpog tive) thie following act: and/o) omissions by Placer Dome amony othe constituted the felony offense ol disposing ol a substance that cause the water, air, and/or land of “olation of Section & of the “pollution Mtlo the Philippine , Itt Philippine National Pollution Control Decree of 1976 i fadling to de bray Chie Viavuila-Guila Dam to With tand hea Cal onal radntadl and/o1 | phoon 1) lagling to construct the VlIavulla-Gauila Dain to withstand heav' easonal raintall and/or typhoon ( failing to rebuild the Mavuila-Gauila {dam O as Lo prevent LOX Wt from Jlowing into thie Mogpoy haver: and d. failing to rebuild the Mapuila-Guila Dam properly and WW thie manne Dest calculated to insure the alety of the Marinduquenos downrive) 244. In reyard to the Boac River, the followiny acts and/or omissions by Placer Dome, amony othe: constituted the felony offense of di posing ob a ubstance that causes “pollution” into the water, an and/or land of the Philippines, in violation of Section Ol the Pyaadipspoare National Pollution Control Decree Ol 1976 a. failing to perform an environmental ris assessment Ol thie Tapian 1 it before bepinning to dump mine tailings into it I) laine to construct the original pluy in thi Grainape Lunnel 0 a lo prevent mite tagling Prom HCCPINE mito the one Have through the drainage tunnel ( faihny to construct the original plug in the drainave tunnel so a to withstand the pre ire renerated hey Vlaces Wome ehnrinee! drilled into the dramave tunnel! to install the econd plug drilling into the drainage tunnel to install hi econd plug with disregard for the CONSCGUCHICE on the original plug and the drainave tunnel, and without regard fon (he possibility 9 of pluy and tunnel collap eoand ( lagline LO repall thie play mp the drainays tunnel within a reasonable time ‘44. These acts and om ions by Placer Dome amony othe constituted the felony offense of disposing of a substance that causes “pollution” into the water ‘ill and/or land of the Philippine that proximately cuused injury to the Province and the people of Marnnduqu \s a direct and proximat result of such injury, the Province and the people of Marindugue incurred very substantial damage: COUNT 7: VIOLATIONS OF THE PHILIPPINE NATIONAL WATER AND AIR POLLUTION CONTROL COMMISSION ACO'] 245. The Province imcorporat yy reference the alle yabion: contained above 246. Pursuant to Article JOO of the Philippine levised Penal Code, Placer Dome 1s civilly hable for damaves resulting from the commission ol any telony offense in connection With operation at the Mune / ln revard to Calancan Ba the lollowin mts ana/sor Omi ions by Placer Dome amony other CQ tituted the felony olfense of di posineg Ol matte! Lhat cause pollution into the VAtCCT and/or wnto the air of the Philippine In Violation Of Section Y ol the Philippine National Water and Ait Pollution (Control Commi on Act dumping mine tailings at the urlace level of Calancan Bay in disregard of the permit requirement that tailiny by burned beneath the ba bh. dumping mine tailings at the surtace level Ol Clalancan Bay 1h) disreyvard Ol Chie environmental damare beiny caused to the bya and thie urroundiny area ana umping mine tailings at the urface level of Calancan Bay in disrepard of the health prob ae bye ny ulfered by Lhe Marinduqueno a a result oO] tri environmental damage 14 In regard to the Mogpopg Rive Lhe lollowimy act and/or OMbisSiO}d by VMiacer Wome among other: constituted the felony offense ol disposing of matter that caus pollution mito the waters and/or into the air of the Philippine Wn Violation of Section 9 of the Philippine National LA Wate! and An Pollution ( ontro} (Commi: 1QT) Act 1 failing to design the Mapuila-Guila Dam to Vithstand heavy easonal rainfall and/or | JYphnoon falling to construct tl Map bila (aula dam lading to rebuild the Maguila-Guila Dam () al tO prevent Lox iit from tlowing into if) LOrpDoO he e- F tiie l failing to rebuild thre Viavuila-Guila Dam propert cA Tit l] thie PAP Le aT | lculated ae) i} tir Chie jel (] th) larinduqueno d Vii) ! 90 In re rard to the Bonc Rive) the follow { and/or om) 1On) 1) Viacer Dome among other constituted the felony offense of disposing of matter that cause “pollution into the water and/or into the air of the Philippine In violation of Section Y ol thie Philippine National Water and Kir Pollution (Control (omm) ion Act t. failing to perform an environmental ris i ( ment 6) mat Taplan Vi belore bevinning to dump mine tailings into it Db. failing to construct the original prug an thy drainage tunnel O a tO prevent min tailings Irom seeping into the Bouc River through the drainage tunnel 7 falling to con ruct the original play md tha drainave tunnel Oa to withstand thre pressure renerated when Places Lome ChMhvinect drilled mito the drainage tunnel tO in Cell the econd plug a L| t | ‘ Tt i tive ¢ , i | draina Cilia | ‘a try Ppilal heavy Peadddl | } prcadl | | | nel i ir (TY bon 1’ | r |) weatele: Othe tituced Liye felon Lié (i) posi ol matter tha ( | Phu } ile) and/or imtoo the ili f the Phal ) proximate eaused nyu l tt ea i i people QO] V1 il] hduue (})} | maid })) il i result ol uch mmyu t] Provinces mad tl ‘oO Marninduaque pcurread (*] ubstantial damare COUNT & VIOLATIONS OF ‘THk PHILIPPINI MINING ACP OF 1995 damaves resulting trom the commussy Lanny felo Ollense in connection Ith Operatse (tl v1 ) Phe loll i! cl bale 1h) le) Piacer Dome mone other eonstituted the tel Ollense of willfully violating or pro neviecti pic bD\ mal term wale condition (| 1) hari | ( } , ‘ } iat 1 il ’ t>) rcrye | if (itl aan :") { people Ol Viaril higue f I Ll | Houlated LO Hii tlre Liye el (| Lyi Aarind MyUEeHo GQownrive) 9 in revard Cop Drye 14 re | Mivey! Placer bdome mehed iI duty (| ("cide Lt) tye Province and t}ae peop Ol M renduque by committing, amon othe yiodump mine tains mto a laughing to construct the oripinal pluy, 1) Che aaanpeagye tunne) LO wore (yt Wiha Irom Copy (aidiny brite (his Maou It) (‘7 fhyroust thie on Beereesa. tunnel fadlings to Construct the original plug in th ave Cunned) O a to withstand thi pore ure venerated when Vlacer Dome CnNPInNEG) drilled into the drainage tunnel toanstall the second plup Gd. drilling into the drainayve tunnel to install trie CCona plup with di regard 10) Lit COMSequenc fot) thie oriinal pluy ana thas drainave tunnel, and without regard for Lyi possibility of P plug and tunnes apse maid bedding? bo repair thie plu in the dra iz hunne) ithin a reasonable time AC) Mame at ict ind © ons by Placer Dome ii [ya (()] (ittuted aL Nyrenen (hat re Lael ( | 1 ji | i} Vrovince and ti G9. Ge PA people of Marninduque. As a direct and proximat« result of such injury, the Province and the people of Jarindaque incurred very substantial damages COUNT 10: QUASI-DELICT (PUBLIC AND/OR PRIVATIO NUISANCE) 2b] Thy Province hhneorporate hy reference thre cable rations Contain d above 262. Pursuant to Article 694 of the Civil Cod of the Philippine Miacer Dome is hable for damape; resulting from any public and/or private nuisance Committed an connection with operations at the Mines, including any act that: (1) injures or endanpes the health or afety of others: (2) annoy or offends the sense (3) shocks, dehes or disrevards decency or morality; (4) obstructs or interferes with the free passage of any pubhe highway or street, o1 pOOCLY | Wate) ()] G33 hindes QO! Mi palrs the USC ’O3. In reyard to Calancan Bay, the following iets and/or omissions by Placer Dome amony other CO} LItuted a publi and/or private nulsance i Qudnpiny wire Laibny sat the surface level Of Calancan Bay in disregard of the permit requirement that tailing bye burned beneath the bay b. dumping mine tailings at the surface level Of Calancun Bay in disrepard of the environmental damage being caused to the $e mod the lrroundinyg area and } © duimpmyg mine tailings at the surface level Of Calancan Bay in disregard of the health problem bemny ulfered by the Varmndugue ho \ \ re itt Ol thy Cnvironinental damage QA | lh) repvard Lo Lhe lollowiny act and/or amony other Moypop Rives Uri (TT)) }OoT) Hy Mra } (O97) tituted ra | piibdie and/or private PU AIC Lome ladling to de ruila (guila Dam to With tand hye | phoon Ana/O!I lading to construct the Mayuila-Guila Dam to withstand heavy easonal raintall and/or typhoon failing to rebuild the Maguila-Guila Dam as to prevent toxie silt from flowimy into the Moppog River; and d. failing to rebuild the Mapuila-Guila Dam peraprye rly and JY) thie AHA !Y at | calculated LO MnSure brie alety Oo] thie Marninduquenos downrives 65. In re yard to the Hoac Kiver, the lollowiny ions by Placer Dome constituted a WIPLED EL and/o) pri | acts and/or om) amony othe) Vale pues Perks i laihiny LQ periorimn ah Cny i ( ment Ql trie ‘| beyanning to dump mine aplad) 17 \t bye hore 1%) hi failing to construct the oripinal pluy thie drainage tunnel O as to prevent mine tailings from seeping into the Boac Rives through the drainage tunne] faalings to construct the original plug ip the drainage tunnel 6 as to withstand the pore ure venerated when Placer Dom enguneers drilled into the drainage tunne|) to install the econd plup qd. drilling into the drainave tunnel to install (he second pluy with disrevard for the consequences on the oriinal plug and the drainaye tunnel, and without: repard for the possibility of a plug and tunnel collap { and faddiny Lo Pepal: thie pluy jr) Ube dramave tunnel Within a rea: onable Lim 266. These acts and omissions by Placer Dome mnony other constituted a public and/or. rivate nuisance that proximately caused injury to the Vrovince and the people ol Mannduque As a direct and proximate re ult of such Mmyury, the Province and the people of Marinduque incurred very substantial adamape COUNT 11: BREACH OF CONTRACT ZO. Phe Vrovines mcorporat Hy relerence Mt allevations contamed above 26%. On or around 1997, Placer Dome caused bharCoppel rOa wh all of jl PSULrAance COVEeEraVe Lo IYda Placer Dome pursuant to an Assignment Agreement Placer Dome thereafter recovered at least »1Z-).3 millon OI 11) tip alice proceed unde) (pie Le wore ray the relevant insurance avreement L209 Phi V’rovince and tric peopl Oo] Manndugue are the mphtful and intended third party beneheimaries of insurance agreements related fo mune Operations on Marindugue, and Places Dome, as assignee, necessarily had to secure and use the assigned msurance procecds to undertake and/or cause others to undertake extensive environmental and medical remediation programs on Marinduqu b4N) The Province and Lrie peopl Ol Mannduque were intended third party beneficiari ol the Assiynment Avreement and the underlying mnsurance apreement rae Placer Dome breached it Obhiyation under the relevant arreement by committing amony others, the following acts and/or omission lailing to secure Coverage lasting bo use any of the assigned insurance proceed to undertake the required environmental and medical remediation provrams on Marinduque and ailing to use any of the assigned insurance proceed to cause others to undertake the i { required environmental remediation and medical monitoring Propramy (jt) VJ il mduque 19a 2472. These acts and omissions by Placer Dom« amony othe constituted a breach of contract that caused injury to the Provinee and. the peopl ol Marindugque. As a result of such injury, the Province and Che pcople ol Mannduaque mcurred Very ubstantial COUNT 12: BREACH OF CONTRAC'] 73. ‘The Province incorporates by reference the allegations in Paragraphs | through X 274. John Willsons April 11, 1996 letter to then VPhilippine President Fidel Ramos created a binding contract between Vlacer Dome, on the one hand and thie Province and — the peopl ol Manrnindugue, on the other hand 275. In the letter, Willson promised President Kamos that “Placer Dome wiould| provide full lechimical and financial support to Marcopper in Implementation of Compensation and rehabilitation propragm: Willson as President of the COMpany had the authority to make this promise on Places Domes behall, and his promise wa upported by adequate consideration.’ Moreover although made mn a letter to President Ramos and the government of the Philippine Willson’s promise was directed at the Province and the people of Marinduque \ecordingly, the letter created a binding contract between Placer Dome, on the one hand, and the Province and thie peopl 0] Marinduqu On the other hand AY is br the alternative thy letter created a binding contract between Placer Dome and thi Philippine government, and the Province and. th peopl ol Marninduque Were brite nded third part benehiciarie of that contract if e eCce7s Wome bre iched it eontract with Live Province and the people ()! Marinduque 1) committing, among other thie lollowing ic‘ pnd/or Tah) bOT) ii leading LO full COMpcn ile itt MeL dIt) a (he 1996 Boac River disaste lading to pay sulligient funds into the Gil to lulls compensat all victims of the 1996 lsoac River disaster fading to reamburse tha hiaitippan moOoVvernmen! fo} ( pen { mcurred and contintuny to be incurred in responding: to the 1996 Boae River disaster qd. faibnyg to reimburse Lhe Provinces 10) CX Pens Incurred and continuing to bi 11) urred JI) re ponding to bie 1996 hone hiver disaste! laiang to ensure third party monitoring of residents health and of thie quality of then agrinking wate) IISA | lading to renabilitate and remediate Lhe Boac River and the urrounding area mcluding the marine areas identified by Will On yh tba hettey) ; laadiny Li ( tabi 1) Mood protect ()] Tlit‘al tij¢ and 14) PT)ipIro ( roid Acc, for i deagres h. failing to have an independent third part inplement health and Cnvirohmental moniworipe progvran and } lagiiny LO Jrreo' rhe ail technical Cj! Pyrdcaene ial Upport ne Wn pleme rit thie arvent COP nsabion and re habilitation pPropram Zt ‘The e acl and om boot) by Places Dome amMmOony OLney) constituted al breach Oo] contract Lhatl Citi ed gea00ar ¥ to Chie Province and maT people (| Varinduque. As a result of such injury, the Provinces and the people 7) Marind iy lie mcurred ubstantial damage COUNT 13: PROMISSORY ESTOPPEL At by, ‘The Provines mMcorporat I) cQceeoe ROLLA the allevations contamed above 240. In hi April | | 1996 letter, dohn Willson the President of Placer Dome promi ed President Ramos that “Placer Dome wlould| provide full technical and financial support to Marcopper in bniplementation of Compensation and rehabilitation prop Aldi Will (ot) made thi jerOril ( Q)T) Phaces Dome byebacall wilh thie brite it that thie Pre Liye mid thre peopl of Marinduque would rely on it A Phe Proving and tty OPT of Markinduqu did ibsequentl rely on Willson promise to their detriment b amony othe thing lorevoiny taking more appre ive Civil and criminal action 1 COM I} ime Victim QO] thie 1996 boa have) Vilaces Wome re if }¢*O] Will (jt) porotii } clittioon) OLnet Lins faigling LO full COT pt ] ile all tin *) thie 1996 Boae Kiver di ai te! 1) ladling to pa ulfimient funds into the Gi] lo fully compensate all victims of the 1996 ( ehllildhiy? {) reimbpu ( thie Philippine roverniment lol CAPCN { mcurrea and COnLNUINY to be mcurred ij} J¢ pOnanyp LO the 1996 Boae River disastet | laidine Lo reimbust r Liye Pro pce QO?) ( Peli mcurred) and CoOnvinuuny lO bye meurredad nm re ponding to the 1996 Boa ladhiny lo ensure third part nNoOnworiny of r¢ raent ay vith and of the qualit' Of the (0a lading to rehabilitate and remediate Ln ( boauc River and the urrounding area mechudn trie marine irea Wdentil qd hh Willson an t] lettes haihiny { establist! bene protection mica re md to improve road a lo phages ! failing to have an inde penac»nt third part [) biplement health ahbid GB] ronmental monitoring program and failing to pre che iy technical or tinancial Uipport Lo biplement Uti vent compensation and rchabihtation Place Dome hould = by ( Lopped from leadhing LO periorm accordiny to the terms of Willson and Placer Dom«e promise hecause the Province and the people of Marinduque relied on those Promise lo their detriment by foreyoing pursuins more pressive civil and eriminal action to COMpCHnsatlk VICI Of the disastes mid to punist Lhose responsible for causing i mar Vrovines and tiie peopl 1) Viarinduaque were myured when the detrimentally rehed on Willson’s and Placer Domes promise 1S a result of such injury, the Province and the people o Viarimnduque incurred very subst t1it) i cd trp 1«ibie PRAYER WHEREFORE trae Provinces rs pectiall pra that Placer Dome be cited to appear na mswer herein nd that upon trial ol Chit Cause judgement | entered in the Provinces havor bid mamst Placer Dome vith tid] mdyiment proviadiny Or Yn orde) 0] ar Court directing Peace Dome to undertake and complete (and/or finance the undertaking and completion ol) the environmental cleanup of the atfeeted ireas Ol, and restore the natural resource tf Marnnduque, including, but not lhmited Li the Tapian Pit, the San Antomo Pit (Calancan Bay thie Mop poy Rives YSteEM the Boac Kive ystem, downstream coastal rea md thy urrounding area 1'h)) nvironmental leanup must mchude mony Oolher thing ensuring potable ite! rh tre repion and healthy hunting ind fishing = pround Uti repair of detenorating mine tructure and the Mapuila-Guala Dam, and for the renovating and rehabilitating of the Tapilan Pit) and mar in Antomo Pit | rgqer. Chi ( urt directing Vhaces 1) rhe tO create and fund adequate] ith) Dome Lo fe ite ahd hand adequate) i nedical monitoring tund --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386017_1582%3A1. Public record. Not legal advice.