Displaying items by tag: Dispute

US: Cemex has contested Boulder County's decision to terminate its right to operate the Lyons cement plant and is calling for the decision to be reversed, citing ‘significant’ implications for the state and local employment. The dispute follows a notice from the Boulder Country Community Planning office in April 2024, attributing increased traffic as the primary reason for the termination. The county and the Colorado Department of Transportation began investigating the plant in 2022, after residents of the area complained.

Cemex stated in its response to Boulder County "The Department's conclusion did not take into account the historical trucking of material to and from the Lyons cement plant, relying instead on a study Cemex voluntarily undertook for the Colorado Department of Transportation for a different purpose, and that considered only three days of traffic data in each of two consecutive years. The determination also failed to apply applicable precedent that a nonconforming use does not terminate when traffic occurring off-site changes."

The Community Planning and Permitting Director will now review the additional evidence brought forth by Cemex and issue an additional determination. Depending on the outcome, Cemex will have the option to appeal the decision to the Boulder County Board of Commissioners. The closing of the Lyons plant would lead to the loss of 100 jobs and only two cement plants remaining in Colorado.

India: Dalmia Bharat expects to conclude its acquisition of Jaypee Cement by the end of September 2024, six months later than previously anticipated. The Hindu Business Line newspaper has reported that the group attributed the postponement to ‘procedural delays,’ including pending approvals from banks, on-going arbitration between Jaiprakash Associates and UltraTech Cement and some ‘lack of clarity’ around existing joint ventures between Jaiprakash Associates and state-owned Steel Authority of India.

Dalmia Bharat said “We are progressing in the right direction. These are procedural delays over which we have no control.”

India: Tamil Nadu Cements plans to expand its limestone mining operations at the Pudupalayam quarry in Tamil Nadu. The New Indian Express newspaper has reported that local residents have protested against the planned expansion. Some local landowners claim that Tamil Nadu Cements did not pay them for the 121 hectares of land it originally acquired in Pudupalayam.

Bolivia: The Bolivian Attorney General’s Office says that is open to meeting representatives of Sociedad Boliviana de Cemento (SOBOCE) in order to negotiate a ‘better arrangement’ following Bolivia’s nationalisation of a stake in SOBOCE subsidiary Fábrica Nacional de Cementos (FANCESA) by supreme decree in 2010. SOBOCE owes FANCESA US$108m in damages for unfair competition since that time.

SOBOCE said "SOBOCE, together with its shareholders of Grupo Gloria del Peru, will continue to resort to judicial and/or arbitration channels (national or international) for the recognition of their rights. We believe in justice and in the legitimate right that we have, since the Bolivian Constitution guarantees the payment of compensation in case of expropriation."

Mexico: The Chamber of Deputies of the Mexican parliament has approved a resolution exhorting the state government of Hidalgo to take ‘urgent action’ to help restore the Tula cement plant to its owner, Cooperativa La Cruz Azul. Local press has reported that the chamber determined that the situation had arrived a critical point, as those illegally occupying the plant were looting and dismantling the plant.

Mexico: The government says that if US-based Vulcan Materials continues to reject offers for land in Quintana Roo on which its Calica-Sac-Tun quarry is situated, then it will designate the land Protected Natural Area status. Reuters has reported that the government has previously offered US$328 – 383m for the property. Vulcan Materials has mounted on-going legal challenges worth US$1.9bn against the Mexican government over the previous closure of its operations.

India: Dalmia Bharat says that it will complete its acquisition of Jaiprakash Associates’ cement business, Jaypee Cement, towards the end of the 2024 financial year on 31 March 2024. Informist EquityWire News has reported that the deal is ‘taking more time’ than expected to conclude.

Jaypee Cement’s Madhya Pradesh-based subsidiary Jaybee Bhilai Cement is subject to an on-going shareholder dispute, due to which a court has frozen the company’s 74% shareholding in the unit.

Kenya: East African Portland Cement Company (EAPCC) has won a legal dispute for the right to evict squatters from 1740 hectares of limestone-bearing land in Machakos County. Nation News has reported that the court struck out the case after claimants failed to produce requested documents. It also ordered the claimants to pay EAPCC’s legal costs.

Malaysia: A court has granted Associated Pan Malaysia Cement (APMC) the right to evict Buddhist monks from the Gunung Kanthan caves monastery in Hulu Kinta, Perak. The land is part of a site where APMC has leased 146 hectares of land for limestone extraction. New Straits Times News has reported that the producer operates quarries in Zones A and B of the site, but has yet to commence extraction from Zones C and D. Local authorities had previously given assurance that mining operations ‘would not disturb’ the monastery.

Monks from the Thudong tradition established the Gunung Kanthan caves monastery across two caves in Gunung Kanthan hill in the early 20th century. Today, it contains numerous artefacts and works of art.

India: Dalmia Cement (Bharat) faces a potential stumbling block to its planned acquisition of Jaiprakash Associates’ cement business for US$683m due to an on-going shareholder dispute at subsidiary Jaypee Bhilai Cement. The Economic Times newspaper has reported that a court has frozen Jaiprakash Associates’ 74% shareholding in the company, and ordered it not to create new third party rights. State-owned Steel Authority of India Limited holds the remaining 26% stake in the cement producer, which operates the 2.2Mt/yr Bhilai Jaypee grinding plant in Durg, Chhattisgarh.

Dalmia Cement (Bharat) and Jaiprakash Associates concluded multiple separate agreements for the transfer of ownership of Jaiprakash Associates’ cement subsidiaries on 26 April 2023. Besides Jaypee Bhilai Cement, these include cement plant and limestone mine operator JP Super and grinding plant operator Jaiprakash Power Ventures.