If anybody knows of an attorney who can donate service to save a worthy environmental entity (STENAPA), please have them contact Mr. Paul Hoetjes (paul@mina.vomil.an). STENAPA is going up against an oil company that refuses to pay for anchorage in a marine park.
> Date: Fri, 3 Jul 2009 12:54:37 -0400
> From: paul@mina.vomil.an
> To: NANCIweb@yahoogroups.com; discuss@nacri.org
> Subject: legal help for Statia marine park
>
> Hi everyone,
>
> Usually I come to you with information that might be of interest, but
> this time I have a request.
>
> St. Eustatius National Parks Foundation (Stenapa) finds itself in a
> legal battle with NuStar, the oil company that operates the Statia Oil
> Terminal, and they are seeking help.
>
> The National Marine Park on Statia, after many years of lobbying and
> begging and showing how much damage was being done by anchoring, has
> finally received permission from the Statia government to collect a fee
> from tankers that anchor in the marine park waiting for loading or
> unloading at the Statia Oil Terminal. This anchoring fee was established
> by the marine environment ordinance in 1996, but Stenapa was never
> allowed to collect it until now. Without this fee Stenapa has no
> sustainable source of income big enough to enable it to operate, and in
> fact it has been struggling to survive for many years, being rescued at
> the last moment on various occasions by Dutch emergency financial
> support, short term island government subsidy, and DCNA emergency
> support. Right now Stenapa is again facing closure unless significant
> funding comes in. The anchoring fee is the lifebuoy they need to survive.
>
> Now, however, the NuStar, as agent for most of the ships that visit the
> oil terminal, refuses to pay these fees, arguing that they have an
> agreement with the island where they would not have to pay these fees
> (it seems to me that any such deal would be void since it contravenes
> the existing law, but I'm not a lawyer). They say they cannot be forced
> to suddenly pay this fee. This notwithstanding that they were informed
> of it long before the actual collecting started. Many meetings were
> held with Nustar to seek a compromise, all to no avail. Now, after three
> months of sending invoices and trying to discuss things, with the last
> meeting two weeks ago canceled, Stenapa finds itself at the end of its
> rope. If nothing happens before August 1 Stenapa finds itself forced to
> start court proceedings against Nustar for refusal to pay/facilitate
> payment of the fee.
>
> To do this Stenapa needs legal counsel, which they cannot afford. They
> are seeking a pro-bono lawyer willing to help them. Can anyone on this
> list help them? Or do you know someone in your network who might be
> willing to help them?
>
> Best,
> Paul
>
> Paul C. Hoetjes
> Senior Policy Advisor
> Department of Environment & Nature (MINA)
> Ministry of Public Health & Social Development (VSO)
> Schouwburgweg 26 (APNA building)
> Curaçao
> Netherlands Antilles
> tel. +(599-9)466-9307; fax: +(599-9)461-0254
> e-mail: paul@mina.vomil.an
> ===========================================
> -- Department of Environment & Nature (MINA) --
> ===========================================
>
> Date: Fri, 3 Jul 2009 12:54:37 -0400
> From: paul@mina.vomil.an
> To: NANCIweb@yahoogroups.com; discuss@nacri.org
> Subject: legal help for Statia marine park
>
> Hi everyone,
>
> Usually I come to you with information that might be of interest, but
> this time I have a request.
>
> St. Eustatius National Parks Foundation (Stenapa) finds itself in a
> legal battle with NuStar, the oil company that operates the Statia Oil
> Terminal, and they are seeking help.
>
> The National Marine Park on Statia, after many years of lobbying and
> begging and showing how much damage was being done by anchoring, has
> finally received permission from the Statia government to collect a fee
> from tankers that anchor in the marine park waiting for loading or
> unloading at the Statia Oil Terminal. This anchoring fee was established
> by the marine environment ordinance in 1996, but Stenapa was never
> allowed to collect it until now. Without this fee Stenapa has no
> sustainable source of income big enough to enable it to operate, and in
> fact it has been struggling to survive for many years, being rescued at
> the last moment on various occasions by Dutch emergency financial
> support, short term island government subsidy, and DCNA emergency
> support. Right now Stenapa is again facing closure unless significant
> funding comes in. The anchoring fee is the lifebuoy they need to survive.
>
> Now, however, the NuStar, as agent for most of the ships that visit the
> oil terminal, refuses to pay these fees, arguing that they have an
> agreement with the island where they would not have to pay these fees
> (it seems to me that any such deal would be void since it contravenes
> the existing law, but I'm not a lawyer). They say they cannot be forced
> to suddenly pay this fee. This notwithstanding that they were informed
> of it long before the actual collecting started. Many meetings were
> held with Nustar to seek a compromise, all to no avail. Now, after three
> months of sending invoices and trying to discuss things, with the last
> meeting two weeks ago canceled, Stenapa finds itself at the end of its
> rope. If nothing happens before August 1 Stenapa finds itself forced to
> start court proceedings against Nustar for refusal to pay/facilitate
> payment of the fee.
>
> To do this Stenapa needs legal counsel, which they cannot afford. They
> are seeking a pro-bono lawyer willing to help them. Can anyone on this
> list help them? Or do you know someone in your network who might be
> willing to help them?
>
> Best,
> Paul
>
> Paul C. Hoetjes
> Senior Policy Advisor
> Department of Environment & Nature (MINA)
> Ministry of Public Health & Social Development (VSO)
> Schouwburgweg 26 (APNA building)
> Curaçao
> Netherlands Antilles
> tel. +(599-9)466-9307; fax: +(599-9)461-0254
> e-mail: paul@mina.vomil.an
> ===========================================
> -- Department of Environment & Nature (MINA) --
> ===========================================
>
