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For more information on accessing these materials or donating to this collection please contact Melissa Minds VandeBurgt,
Head of Archives, Special Collections, and Digital Initiatives ,Wilson G. Bradshaw Library, Florida Gulf Coast University +1 (239) 590-7658. mvandeburgt@fgcu.edu

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A team from Herbert Smith Freehills’ New York office, along with co-counsel from Costa Rica’s Ministry of Foreign Trade (“COMEX”), has secured a major victory for the Republic of Costa Rica (“Costa Rica”) in arbitration proceedings concerning an investment in a tourism project in Costa Rica’s Central Pacific Coast. Kevin Erwin lead a hand-picked team of Costa Rican scientists working on the Las Olas Ecosystem and provided expert testimony to the Tribunal in Washington D.C.

The claim was commenced by a group of American investors against Costa Rica under the Dominican Republic-Central America Free Trade Agreement (“DR-CAFTA”), and the UNCITRAL Arbitration Rules, with ICSID acting as administering authority as agreed by the parties. On September 18, 2018, the arbitral tribunal, chaired by Eduardo Siqueiros, alongside with Mark Baker and Professor Pedro Nikken, issued unanimously an award dismissing all claimants’ claims and ordered the claimants to bear all the costs of the arbitration in the amount of US$ 1,090,905.10.

The dispute arose from an investment on parcels of land and a concession site in Costa Rica’s Central Pacific Coast – the “Las Olas Project.” Claimants alleged they had received all permits and approvals from Costa Rica in order to commence the development of the project, sales and marketing activities. However, after conducting inspections in the project site, the Costa Rican authorities identified wetlands and forest in the site, triggering administrative and judicial actions that led to the shut-down of the project. The claimants claimed that Costa Rica breached its obligations under the DR-CAFTA (minimum standard of treatment and expropriation and compensation) and requested damages in the amount of US$ 95,400,000. The tribunal concluded that there were wetlands and forests in the Las Olas Project which were adversely impacted by the claimants and that the reaction that Costa Rica took was merited according to its laws, which were consistent with international law. Therefore, it found that Costa Rica’s actions were not arbitrary or in breach of the obligations under the DR-CAFTA.

The post Costa Rica Successfully Defends Its Wetlands first appeared on Kevin L. Erwin Consulting Ecologist, Inc..

On the ceremony, Prof. Kevin Erwin elaborated the importance of Water, the water issues in China, and the necessity of launching WREI at this moment. China is now facing a lot of water issues such as water scarcity and water pollution. The rapid economic growth in China has made the problem even worse. Those problems are not only tough challenges for people who are working for water resource management, but also a valuable opportunity. WREI, initiated by Prof. Kevin Erwin, will become be a diversified platform that integrates China’s top universities, top enterprises, NGOs and government agencies together to establish a new standard for water resource protection. The Institute will collect and distribute knowledge, and provide education and products to focus on the wide range of water resource issues. The launch of WREI conforms to the trend of development, and also lays a solid foundation for innovative water resource management in China.

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The post An Evaluation of Wetland Mitigation within the South Florida Water Management District first appeared on Kevin L. Erwin Consulting Ecologist, Inc..

During the week of April 30th Kevin Erwin (KECE), Nick Hill (Fernhill Institute) and John Brazner (Nova Scotia Environment) instructed this wetland restoration course held within the Halifax Regional Municipality (HRM). Forty wetland professionals, engineers, planners, managers, consultants and academics from Nova Scotia and Atlantic Canada attended the course which focused on taking a watershed approach to wetland restoration, creation and enhancement. The course used numerous case studies within the HRM to address the rapid growth in the area, with the wise use and restoration of wetlands within the Sackville River and Little Sackville River watersheds. Several of the participants made presentations including an overview by Nick Hill, John Brazner (Wetland restoration and the new Nova Scotia wetland conservation policy), Tony Bowron (Remarks on opportunities in coastal urban areas for saltmarsh restoration/creation), Adam Campbell (A Ducks Unlimited perspective on urban wetland restoration), Clinton Pinks (Lessons learned from naturalized stormwater wetlands in Alaska), Cameron Deacoff (Water quality and watershed health in the HRM), Tony Blouin (Issues in implementing wetlands for stormwater treatment), Bob Rutherford (Restoration and creation of stream habitats), Andy Sharpe and Mike Parker (Floodplain restoration opportunities) and Ray Jahncke (Application of GIS tools for understanding the urbanized watershed. Kevin Erwin presided as the lead instructor providing the lectures on wetland restoration, developing a process for the Halifax region and exercises at numerous sites within the HRM. The course concluded with a forum discussion entitled “Toward a water, wetland and watershed strategy for the HRM”. During the forum a consensus was reached by all participants on a way to move forward together to explore watershed analysis, comprehensive planning, and appropriate wetland restoration projects within the Halifax region.

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