In the Supreme Court sitting at Essex University 31st March 2012 In the matter between Regina v Robin Bannerman [Global Petroleum Company] John Tench [Glamis Group] ______________ Agreed Facts ______________ Count 1 8. At all relevant times between 28th day of March 2010 and 6th day of September 2010 Robin Bannerman was the Chief Executive Officer (CEO) of Global Petroleum Group (GPC). 9. At all relevant times between 28th day of March 2010 and 6th day of September 2010 Robin Bannerman, in his role as CEO, had authority and responsibility over GPC operations in the Athabasca Tar Sands area in Canada. 10. It is admitted that both surface mining & in situ assisted gravity drainage (SAGD) are used as mining processes by GPC. 11. It is admitted that currently the vast majority of tar sands in Canada is extracted by surface mining methods. Surface mining open cast mining on a massive scale in which boreal forest is felled, the top soil and its carpet of plants removed and the subsurface of sand and clay - to a depth of tens of meters - is removed by excavator machines. The subsoil is transported from the site by trucks and conveyor belts to the tar sands ‘upgraders,’ (steam and water are used to separate the clay and sand from the bitumen) which is then transported to a refinery that processes the heavy crude into petroleum products such as diesel and gasoline. Surface mining removes forest lands and creates great lakes of toxic tailing ponds and requires a higher energy input for each barrel of refined product produced than normal (conventional) oil production. Consequently the carbon intensity of petroleum produced from tar sands is 3 times greater than that produced from conventional oil. 12. As a consequence of the surface mining process, tailing ponds are constructed and used for the disposal of waste water. 13. It is admitted that approximately 80% of the potentially extractable tar sands reserves in Canada lies too deep below the ground for it to be extracted by surface mining, and GPC have developed a system of extraction entitled Steam Assisted Gravity Drainage, SAGD. 14. It is admitted that the SAGD method consists of two wells that are drilled into the bituminous layer of tar sands; into the higher well is injected steam and solvents, which heats the bitumen sufficiently for it to flow down into the lower well from which it is pumped to the surface. Once above ground the tar sands is then conveyed to the ‘upgraders’ via pipeline and processed in a similar method to that utlised by surface mining. 15. It is admitted that SAGD is not dependent on the creation of tailing ponds. 16. It is admitted that SAGD causes some disruption to boreal forest growth by fracturing the land beneath. 17. It is admitted that SAGD is more energy intensive than surface mining. Count 2 14. At all relevant times on the 19th of April 2010 John Tench, was Chief Executive Officer (CEO) of Glamis Group. 15. At all relevant times on the 19th of April 2010 John Tench, in his role as CEO, had authority and responsibility over Glamis Group operations in the Athabasca Tar Sands area in Canada. 16. It is admitted that surface mining is used as a mining process by Glamis Group. 17. As a consequence of the surface mining process tailing ponds are constructed and used for disposal of waste water. 18. The Glamis Group had company policy is to use cannons to scare off the birds from the tailing pond and it admits the bird cannons were not activated when 1,600 birds landed on the tailing pond on the 19th of April 2010. 19. It is admitted that none of the 1,600 birds that landed on the tailing pond survived. 20. It is agreed that 1,600 birds either sank or were removed and destroyed.