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Arabica Robusta

Ecuadoreans Plan Spasm of Lawsuits Against Chevron - NYTimes.com - 0 views

  • The case stems from oil pollution in the Ecuadorean rain forest, but Chevron does not operate there and has no significant assets in the country. It was Texaco, which Chevron acquired in a merger in 2001, that was accused of widespread environmental damage before pulling out of Ecuador in the early 1990s.
  • Chevron has much larger operations elsewhere in Latin America, and the plaintiffs’ strategy of pursuing the company across the region could open a contentious new phase in the case — one that would test Ecuador’s political ties with its neighbors and involve some of Washington’s most prominent lobbyists and lawyers.
  • Advisers to the plaintiffs said Brazil, Argentina and Venezuela would be obvious candidates to pursue Chevron assets, but they acknowledged it would not be easy. Venezuela, for instance, is a close Ecuadorean ally and its president, Hugo Chávez, is a frequent critic of the United States. But Chevron has extensive operations in Venezuela and enjoys warmer ties with Mr. Chávez’s government than just about any other American company.
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  • In the memo, lawyers also identified the Philippines, Singapore, Australia, Angola, Canada and several other countries where Chevron has significant assets as potential targets. In the Philippines, it even suggested using the services of Frank G. Wisner, the retired diplomat and a foreign affairs adviser for Patton Boggs, who recently waded into the crisis in Egypt as an envoy for the Obama administration.
  • The ruling’s impact is already being felt in Ecuador and beyond as a cautionary tale of the environmental and legal aftermath of oil exploration. Alberto Acosta, a former oil minister in Ecuador, called the ruling “a historical precedent.” It is “a reminder that we have to defend ourselves from the irresponsible activity of extraction companies, both oil and mining,” Mr. Acosta said.
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    The case stems from oil pollution in the Ecuadorean rain forest, but Chevron does not operate there and has no significant assets in the country. It was Texaco, which Chevron acquired in a merger in 2001, that was accused of widespread environmental damage before pulling out of Ecuador in the early 1990s.
Arabica Robusta

The Chevron Pit: Chevron: The NSA of the Corporate World? - 0 views

  • Yesterday, a Magistrate Judge in San Francisco granted oil giant Chevron access to many years of private email account information from nearly 40 email accounts belonging to human rights and environmental activists, lawyers, and their allies.
  • U.S. Magistrate Judge Nathanael Cousins of the Northern District of California ordered Google and Yahoo! to turn over years of private email account information from dozens of other Yahoo! and Gmail accounts to Chevron.
  • Even if Chevron isn't sweeping up data randomly from millions of people like the NSA, it is indisputable that it is using its vast oil riches to spy on and demand email data from its critics. But if you support the communities in Ecuador who have fought for decades to hold Chevron accountable for its widespread environmental devastation and human rights abuses, you may find yourself on the wrong side of a subpoena.
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  • Donziger and the "named plaintiffs" in the litigation against Chevron have filed a petition with the Second Circuit Court of Appeals to have Judge Kaplan removed from the case for bias. In an extraordinary move, the appellate court has set oral argument on the issue for September 26th. If Kaplan gets tossed, Chevron’s strategy would suffer a devastating setback.
  • And the reality is that we don’t really know what Chevron is doing behind the scenes. Kroll has admitted compiling “20 to 30” reports on Donziger, who along with his family has been followed around Manhattan and put under surveillance by unknown plainclothes operatives.
Arabica Robusta

Pambazuka - The Chevron precedent - 0 views

  • The Bowoto case is the legal reaction to Chevron’s role in a 1998 protest by Nigerian community activists in the Niger Delta. The unarmed demonstrators boarded an oil platform and adjacent barge, property of subsidiary Chevron Nigeria Ltd, in protest over the environmental and economic damage caused by oil production in the region. The activists were attacked on 28 May by Nigerian authorities ferried to the floating protest by the oil corporation. Two men were killed and several more protestors injured. Three others claim detention and torture.
  • After nearly 10 years of pre-trial motions wherein many claims were dropped by a pre-trial judge, the case finally debuted in trial in October 2008 and a decision was handed down on 1 December the same year. The nine-bench jury decided in favour of Chevron, clearing the corporation of any liability under the various claims. It was a defendant’s victory, but civil society groups and legal experts still label the case a milestone in advancing corporate accountability.
  • The Bowoto case is the first time the multinational magnate Chevron USA Inc. has been successfully taken to a US court for the actions of an overseas subsidiary. ‘Chevron has a very intricate structure, used in part to try and shield itself from liability,’ Simons said. The case has effectively scrapped this corporate strategy.
    • Arabica Robusta
       
      To what extent will Chevron's corporate response strategy be scrapped by this decision?  It is a sad lesson in the state of corporate recklessness that a blanket victory for Chevron in court is nevertheless considered a "milestone in advancing corporate accountability."
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  • The case also broadens the recourse for victims of human rights abuse by American corporations, who can seek redress in US courts under the aiding-and-abetting theory used in Bowoto v. Chevron Corp. that a corporation can be held liable as a third party.
  • The ATS is a US law that lets foreign citizens bring claims to US courts for damages done outside of the country. Claims are rarely upheld however, because judges have narrowly interpreted how the ATS is applied. This happened in a 1993 class action suit against Chevron and subsidiary Texaco, representing some 30,000 residents in the Amazon according to Amnesty International. The case was dropped by the US courts and palmed off to Ecuador where it is still ongoing. Other corporations domestically unscathed after US courts dismissed ATS claims include Talisman Energy Inc., the Southern Peru Copper Corporation and Coca-Cola.
  • At trial the District Court judge found a corporation is not an individual and can therefore not be sued under the TVPA. ‘This is significant. Most of the important legal precedents in this case have already been set … this is the only rule of law question [in the appeal].’ The TVPA is a civil law that lets citizens file a suit against another party that, acting for a foreign nation, commits torture or extrajudicial killing. In Bowoto v. Chevron Corp. the TVPA claim was thrown out. The word ‘individual’, according to the trial judge, does not describe the multinational Chevron.
Arabica Robusta

The Chevron Pit: Lawyer for Ecuadorians Turns the Tables On Chevron and Sues Oil Giant - 0 views

  • In February 2011, Donziger and his clients won the judgment after an eight-year trial in Ecuador marred by Chevron’s attempts to intimidate judges, offer bribes to Ecuador's government, fabricate scientific evidence, and sabotage the proceedings by filing dozens of frivolous motions and drowning the court in paper.  See here.
  • Chevron's legal team at Gibson Dunn openly markets a “template” to corporate defendants like Chevron facing large liabilities for environmental and human rights abuses.  The template, which the firm calls a “rescue operation” for clients in trouble, assumes that the wholesale intimidation of lawyers will allow clients to win via subterfuge what they can’t win on the merits. The Gibson Dunn “rescue” team – led by New York attorney Randy Mastro, Ted Boutrous, Andrea Neumann, Scott Edelman, and William Thomson – has used over 60 lawyers and billed Chevron hundreds of millions of dollars.  All their hard work has brought a fair amount of disrepute to their law firm as Chevron has suffered multiple courtroom setbacks around the world, dramatically increasing its liability and creating a shareholder rebellion against CEO Watson.  See here.
  • The Donziger suit explains that once Chevron realized it would lose the Ecuador trial based on the scientific evidence, the company turned to Gibson Dunn to try to render the Amazonian communities defenseless.
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  • Let's see if Chevron and its high-flying CEO Watson and General Counsel Pate -- who recently received a 75% pay raise for his work on the Ecuador case after losing the largest environmental judgment in history -- have the guts to let a jury hear all the evidence of the company’s corrupt activities in Ecuador coordinated from company headquarters in San Ramon, California. We predict that like most bullies, Watson and Pate will cower in fear and order their “rescue team” at Gibson Dunn to do all they can to convince Judge Kaplan to keep the truth contained in Donziger’s counterclaims from coming to light.
Arabica Robusta

Nigerian Times: Chevron Scrubs Lawsuit to Block Ecuador Award - 0 views

  • Chevron filed a proposed amended complaint on Thursday that removes attorney Steven Donziger as a party to one of the counts. Donziger, however, is not too happy about the change, as it could prevent him from participating in a trial to determine whether the judgment he secured is enforceable.
  • Hinton, the Ecuadoreans' spokeswoman, says that Chevron is "petrified" to face off against Donziger's lawyer, Keker, who recently won a sex-discrimination jury trial against Chevron in California.
  • "To prevent Donziger from defending himself, Chevron is engaging in un-American behavior to deny due process to a litigant just like the company has tried to deny due process to thousands of its victims in Ecuador," Hinton said in a statement.
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    Chevron filed a proposed amended complaint on Thursday that removes attorney Steven Donziger as a party to one of the counts. Donziger, however, is not too happy about the change, as it could prevent him from participating in a trial to determine whether the judgment he secured is enforceable.
Arabica Robusta

Riggers sought evacuation before Chevron blast - Hahn Karl's blog - 0 views

  • Chevron, the second largest U.S. oil major, said it did not receive requests to evacuate the KS Endeavour rig and that staff on board had the right to call a halt to work if they believed conditions were unsafe.
  • The accounts convey rising panic from some of those on the platform, who fearing a blowout, checked each morning the volume of smoke billowing from the drilling borehole. "Chevron knew for over a week that the well was unstable yet they refused to evacuate us," said one of the rig workers who gave his account to the RMT union.
  • "Our employees and contractor are fully empowered to exercise stop work authority (SWA) when they sense an unsafe work environment," Chevron said, explaining that an SWA gives anyone aboard a rig the power to order a stop to operations in the event safety guidelines are breached.
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    Testimony from some of the 154 workers who were present alleges that, instead of addressing fears that equipment failures and smoke presaged disaster, Chevron flew extra staff to the platform just before the January 16, 2012, blowout.
Arabica Robusta

The Chevron Pit: Chevron Raises CEO John Watson's Salary As Americans Place Oil Giant I... - 0 views

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    "While the Ecuadorian Plaintiffs and their counsel may be unable to take any steps to even prepare for enforcement proceedings, (a U.S. court) allows Chevron a generous window of time within which to divest itself of overseas assets that might be used to enforce the Ecuadorian Judgment," wrote Julio C. Gomez of Gomez LLC and Carlos A. Zelaya, II of F. Gerald Maples PA."
Arabica Robusta

The Chevron Pit: Chevron Lies Through Teeth About Groundwater Contamination In Ecuador - 0 views

  • Just in case you missed that last line: groundwater contamination was under pretty much every pit that they looked at.      So much for Chevron’s claim that plaintiff's consultants agree with Chevron that there was no groundwater contamination in Ecuador.
Arabica Robusta

The Chevron Pit: Chevron in the Gulf - 0 views

  • Ever since BP’s disastrous oil spill, there have been no new drilling permits in the Gulf. Well, that’s changed and the first company to get a permit…drum roll please… Chevron. Never mind that they have destroyed the Ecuadorian Amazon. Never mind that they have been sued by indigenous tribes for the death and disease they have caused. Never mind that they refuse to take responsibility for their actions. They now get to try the same thing in the Gulf. Because the environment and livelihood of the region haven’t already taken enough of a hit.
Arabica Robusta

Courthouse News Service - 0 views

  • In the latter arbitration, Chevron claims that Ecuador had violated the Bilateral Investment Treaty (BIT) by letting the case advance.     Since that time, the BIT claimed jurisdiction over the case, and both parties are currently gathering evidence for proceedings on whether Chevron received a fair shake in Ecuador.
  • Under U.S. law, federal courts can issue discovery orders forcing parties involved in "foreign or international tribunals" to turn over information that would be useful in those proceedings.     The 5th Circuit, a New Orleans-based federal appeals court, found that Chevron cagily straddled this language to get Ecuador to cough up documents while protecting its own.
  • A federal judge quashed the subpoenas, deferring to Chevron's arguments that the BIT did not qualify as a "tribunal" - when Ecuador wanted evidence for it.
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  • Meanwhile, another litigant has declared a pox on both houses.     A group of Ecuadoreans known as the Huaorani had moved to intervene in Chevron's extortion suit late last year, but U.S. District Judge Lewis Kaplan found that such intervention "would delay and complicate the resolution of an already complicated case."
  •  Kimerling, a City University of New York professor and respected human rights advocate, is the author of "Amazon Crude," which The New York Times described as the "Silent Spring of Ecuador."
Arabica Robusta

Chevron Accused Of Fueling Communal Crisis In Niger Delta | Scoop News - 0 views

  • They pointed at the Policy, Government and Public Affairs Department of Chevron as the ''dirty trick'' arm of the oil company in the Gbaramatu ''crisis project'', alleging that a similar scheme by the company had earlier claimed the lives of three community youths.
  • In the mean time, efforts to get Femi Odumabo, an engineer and the oil company's General Manager in-charge of the Policy, Government & Public Affairs Department, did not pay off, as he was said to be attending to some ''urgent matters''.
Arabica Robusta

AMAZON WATCH » Chevron: Clean Up Ecuador - 0 views

  • Unlike BP's Gulf spill that was the result of a single cataclysmic event, Texaco's oil extraction system in Ecuador was designed, built, and operated on the cheap using substandard technology from the outset. This led to systematic pollution from multiple sources on a daily basis for almost three decades.
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