Glamis Gold, Ltd v. United States of America

Nature of the Case

Claim by Glamis Gold, Ltd., a Canadian company, that certain federal and state regulatory measures expropriated its mineral rights to mine gold in southeastern California, and that Glamis was denied “fair and equitable treatment” in its attempt to utilize those rights, in violation of United States’ obligations under NAFTA. The proposed mining project was controversial due to its location in an area sacred to Native American tribes, and the possible environmental and cultural impact of the mining project.

Enforcement of the Decision and Outcomes

The Tribunal dismissed Glamis’s claim in its entirety and ordered Glamis to pay two-thirds of the arbitration costs.  The Quechan tribe has continued its strong opposition to mining that injure Native American sacred sites and endanger the environment or public health and safety.

Significance of the Case

Glamis Gold’s mining project in Southeastern California was opposed by the members of Quechan Indian Nation, who filed an amicus, arguing the mining project would damage historic resources and that the Nation’s ability to practice their sacred traditions as a living part of their community life and development would be lost. The case is particularly significant because the Tribunal in this international investment arbitration made the unprecedented decision of allowing an indigenous community to submit an amicus, thus increasing the overall participation and transparency of the Tribunal. This expanded the concept of potential third party interveners beyond civil society organizations. Moreover the Glamis decision sets a higher bar than past NAFTA tribunals have required for establishing violation of the ‘fair and equitable’ treatment requirement under NAFTA.   NATFA’s pro-government framework goes beyond U.S. law to maximize the ability to protect indigenous peoples’ rights, irrespective of the associated costs to the investor.

(Updated August 2015)

Groups Involved in the Case

Quechan Indian Nation, Indian Law Resource Centre, Friends of the Earth, Sierra Club, Earthworks, and Earthjustice.