The chief executive officer of Scotbar Proprietary Limited (Scotbar) in Queensland, Australia, decided to develop a process to convert sandstone to sand, a technique that large multinational mining companies failed to perfect. The stakes could not have been higher, with global environmental disaster looming and the world quickly depleting its reserves of construction sand, severely affecting coastal communities and destroying marine ecosystems in the process. After spending years and millions of dollars on research, Scotbar appeared to have developed a process to produce construction sand, although more expensive than natural sand. Scotbar decided not to patent its process in hopes that more companies would adopt it and thereby reduce the harmful impact of mining on the environment. Was Scotbar’s approach to sustainability through innovation an effective response to the environmental legacy of more traditional mining processes? Was the company’s approach to intellectual property appropriate in this context?
Nypro, Inc., a global leader in manufactured precision plastic products headquartered in Clinton, Massachusetts, had one of the largest employee stock ownership plans in the United States and was often held up as an example of best practices in that area. However, in early 2012, its president and chief executive officer became increasingly concerned that a market downturn might turn into a liquidity crisis. During the 2008 recession, a small percentage of the company’s employee shareholders had decided to cash in their shares, which the company was required to repurchase. Although the stock redemptions were draining the company of the funds needed to pursue valuable market opportunities, it somehow still managed to outperform many of its competitors. However, some believed that the company’s current trajectory was unsustainable. Its visionary leader had vowed never to sell the company or take it public, but when an offer was made to buy the company, many felt it was time to make this move. See supplements 9B14N029, 9B14N030 and student spreadsheet 7B14N028.
The case takes place in Peru in the aftermath of the worst mercury spill in history, by a transportation contractor for Newmont Mining Corporation. BHP Billiton, which has no connection to Newmont but is affected by increased hostility toward mining companies, enters into an agreement with Oxfam to conduct training on sustainability and “the impacts of large-scale infrastructure projects on communities.” Executives from the company’s various international business units are selected to participate in the program, to be held each year in Orissa, India. One of the first managers selected to attend the program is the general manager for BHP Billiton’s Tintaya copper mine in Peru. The case discusses the process, objectives, and outcome of the resulting dialogue between BHP Billiton and local indigenous residents.
The case takes place in Peru in the aftermath of the worst mercury spill in history by a transportation contractor for Newmont Mining Corporation. Newmont's senior vice president and chief administrative officer is sent to Peru to assess the situation. The subsequent audit revealed that Newmont's mining operations in Peru met neither U.S. nor Peruvian mining standards. There were water issues, there were air issues, there were road issues, there were health issues - all arising out of the mining operation, the report concluded. The investigation also found that Newmont executives could be subject to criminal prosecution and imprisonment for the company's actions in Peru. More importantly, the company had violated its social license with local communities, putting in jeopardy its ability to conduct business in that country.
This background note discusses the history and current state of mineral mining in Peru. Topics include stakeholders, government policies, corruption, regulation, conflicts, social costs, remediation, and the advocacy role of NGOs. The note can be used with two case studies on mining in Peru, Newmont Mining Corporation and BHP Billiton. The note also discusses the current debate on how to procure greater compliance to international standards by mining companies and the potential impact these decisions may have on the future of mining in that country.