Economy

Australian Court In Landmark Ruling Against Ratings Agency

THE AUSTRALIAN, SYDNEY MORNING HERALD (Australia), LES ECHOS (France), WALL STREET JOURNAL (USA)

Worldcrunch

SYDNEY - In a major blow to the ratings industry, the Federal Court of Australia ruled on Monday that Standard & Poor’s had misled investors by giving its most trusted rating to instruments that S&P knew to be faulty, the Australian reports.

The court also ruled that the Netherlands bank ABN Amro had misled investors by selling the faulty instruments.

The Sydney judge ordered S&P and ABN Amro to pay damages to several New South Wales municipalities, which lost 93 % of their 16 million Australian dollar investment ($16.6 million), according to the Sydney Morning Herald.

The instruments, marketed as Rembrandt notes by ABN Amro, had been rated AAA by Standard and Poor’s. The verdict, which will be appealed, could open S&P to a further $200 billion in claims worldwide, reports the Sydney Morning Herald.

S&P defense attorneys argued that the ratings system is “an art, not a science,” and claimed that S&P was not responsible for mistakes caused by misinformation provided to the ratings companies by the banks who made the original loans or bought them. In the U.S., the ratings agencies affirm that their ratings are “opinions,” protected by freedom of speech, the Wall Street Journal says.

The judge also condemned ABN Amro Bank, which was acquired by the Royal Bank of Scotland in 2007, and investment advisors Local Government Financial Services Ltd (LGFS) for “misleading and deceptive” conduct, and ordered them to repay the money the municipalities had lost.

The ratings agency said in a statement, “We reject any suggestion our opinions were inappropriate, and we will appeal the Australian ruling,” the Wall Street Journal said. The judgment is the first in a case against the firm since the crisis began.

The legal firm that sued S&P in Australia plans to conduct further legal action in the U.K., the Netherlands and New Zealand, reports Les Echos.

The three major ratings agencies, S&P, Moody’s and Fitch, are responsible for giving credit ratings to investment products, and also to issuers of bonds, including cities and nations. The ratings in turn strongly influence the amount of interest required for a loan: a trusted nation can receive a loan at a much lower interest rate because lenders are more certain of being repaid. The ratings are critical because many government-run institutions are not legally allowed to invest in products that have less than a top rating of AAA.

One of the main causes of the economic crisis was that sub-prime loans, in other words extremely risky loans, permitted by U.S. deregulation of the banking industry, were sold on from the lending banks to other financial institutions and repackaged into complicated “derivatives” which few understood, but which were given AAA ratings by the ratings agencies.

The risk of the bad loans was thus passed along to the final buyers, often non-U.S. banks, pension funds, and government agencies. When the original borrowers massively defaulted on the loans in 2007 when their mortgage rates increased, many of the final buyers were unprepared because they had thought their holdings were AAA. Their huge losses led to a domino effect in the world financial system.

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Green

Ecological Angst In India, A Mining Dumpsite As Neighbor

Local villagers in western India have been forced to live with a mining waste site on the edge of town. What happens when you wake up one day and the giant mound of industrial waste has imploded?

The mining dumpsite is situated just outside of the Badi village in the coastal state of Gujarat

Sukanya Shantha

BADI — Last week, when the men and women from the Bharwad community in this small village in western India stepped out for their daily work to herd livestock, they were greeted with a strange sight.

The 20-meter-high small hill that had formed at the open-cast mining dumpsite had suddenly sunk. Unsure of the reason behind the sudden caving-in, they immediately informed other villagers. In no time, word had traveled far, even drawing the attention of environment specialists and activists from outside town.

This mining dumpsite situated less than 500 meters outside of the Badi village in the coastal state of Gujarat has been a matter of serious concern ever since the Gujarat Power Corporation Limited began lignite mining work here in early 2017. The power plant is run by the Power Gujarat State Electricity Corporation Limited, which was previously known as the Bhavnagar Energy Company Ltd.

Vasudev Gohil, a 43-year-old resident of Badi village says that though the dumping site is technically situated outside the village, locals must pass the area on a daily basis.


"We are constantly on tenterhooks and looking for danger signs," he says. Indeed, their state of alert is how the sudden change in the shape of the dumpsite was noticed in the first place.

Can you trust environmental officials?

For someone visiting the place for the first time, the changes may not stand out. "But we have lived all our lives here, we know every little detail of this village. And when a 150-meter-long stretch cave-in by over 25-30 feet, the change can't be overlooked," Gohil adds.

This is not the first time that the dumpsite has worried local residents. Last November, a large part of the flattened part of the dumpsite had developed deep cracks and several flat areas had suddenly got elevated. While the officials had attributed this significant elevation to the high pressure of water in the upper strata of soil in the region, environment experts had pointed to seismic activities. The change is evident even today, nearly a year since it happened.

It could have sunk because of the rain.

After the recent incident, when the villagers raised an alarm and sent a written complaint to the regional Gujarat Pollution Control Board, an official visit to the site was arranged, along with the district administration and the mining department.

The regional pollution board officer Bhavnagar, A.G. Oza, insists the changes "aren't worrisome" and attributes it to the weather.

"The area received heavy rain this time. It is possible that the soil could have sunk in because of the rain," he tells The Wire. The Board, he says, along with the mining department, is now trying to assess if the caving-in had any impact on the ground surface.

"We visited the site as soon as a complaint was made. Samples have already been sent to the laboratory and we will have a clear idea only once the reports are made available," Oza adds.

Women from the Surkha village have to travel several kilometers to find potable water

Sukanya Shantha/The Wire

A questionable claim

That the dumpsite had sunk in was noticeable for at least three days between October 1 and 3, but Rohit Prajapati of an environmental watchdog group Paryavaran Suraksha Samiti, noted that it was not the first time.

"This is the third time in four years that something so strange is happening. It is a disaster in the making and the authorities ought to examine the root cause of the problem," Prajapati says, adding that the department has repeatedly failed to properly address the issue.

He also contests the GPCB's claim that excess rain could lead to something so drastic. "Then why was similar impact not seen on other dumping sites in the region? One cannot arrive at conclusions for geological changes without a deeper study of them," he says. "It can have deadly implications."

Living in pollution

The villagers have also accused the GPCB of overlooking their complaint of water pollution which has rendered a large part of the land, most importantly, the gauchar or grazing land, useless.

"In the absence of a wall or a barrier, the pollutant has freely mixed with the water bodies here and has slowly started polluting both our soil and water," complains 23- year-old Nikul Kantharia.

He says ever since the mining project took off in the region, he, like most other villagers has been forced to take his livestock farther away to graze. "Nothing grows on the grazing land anymore and the grass closer to the dumpsite makes our cattle ill," Kantharia claims.

The mining work should have been stopped long ago

Prajapati and Bharat Jambucha, a well-known environmental activist and proponent of organic farming from the region, both point to blatant violations of environmental laws in the execution of mining work, with at least 12 violations cited by local officials. "But nothing happened after that. Mining work has continued without any hassles," Jambucha says. Among some glaring violations include the absence of a boundary wall around the dumping site and proper disposal of mining effluents.

The mining work has also continued without a most basic requirement – effluent treatment plant and sewage treatment plant at the mining site, Prajapati points out. "The mining work should have been stopped long ago. And the company should have been levied a heavy fine. But no such thing happened," he adds.

In some villages, the groundwater level has depleted over the past few years and villagers attribute it to the mining project. Women from Surkha village travel several kilometers outside for potable water. "This is new. Until five years ago, we had some water in the village and did not have to lug water every day," says Shilaben Kantharia.

The mine has affected the landscape around the villages

Sukanya Shantha/The Wire

Resisting lignite mining

The lignite mining project has a long history of resistance. Agricultural land, along with grazing land were acquired from the cluster of 12 adjoining villages in the coastal Ghogha taluka between 1994 and 1997. The locals estimate that villagers here lost anything between 40-100% of their land to the project. "We were paid a standard Rs 40,000 per bigha," Narendra, a local photographer, says.

The money, Narendra says, felt decent in 1994 but for those who had been dependent on this land, the years to come proved very challenging. "Several villagers have now taken a small patch of land in the neighboring villages on lease and are cultivating cotton and groundnut there," Narendra says.

They were dependent on others' land for work.

Bharat Jambucha says things get further complicated for the communities which were historically landless. "Most families belonging to the Dalit or other marginalized populations in the region never owned any land. They were dependent on others' land for work. Once villagers lost their land to the project, the landless were pushed out of the village," he adds. His organization, Prakrutik Kheti Juth, has been at the forefront, fighting for the rights of the villages affected in the lignite mining project.

In 2017, when the mining project finally took off, villagers from across 12 villages protested. The demonstration was disrupted after police used force and beat many protesters. More than 350 of them were booked for rioting.

The villagers, however, did not give up. Protests and hunger strikes have continued from time to time. A few villagers even sent a letter to the President of India threatening that they would commit suicide if the government did not return their land.

"We let them have our land for over 20 years," says Gohil.

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