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Arabica Robusta

Ecuador auctions off Amazon to Chinese oil firms | World news | The Guardian - 0 views

  • Attending the roadshow were black-suited representatives from oil companies including China Petrochemical and China National Offshore Oil. "Ecuador is willing to establish a relationship of mutual benefit – a win-win relationship," said Ecuador's ambassador to China in opening remarks.
  • Critics say national debt may be a large part of the Ecuadorean government's calculations. Ecuador owed China more than £4.6bn ($7bn) as of last summer, more than a tenth of its GDP. China began loaning billions of dollars to Ecuador in 2009 in exchange for oil shipments. More recently China helped fund two of its biggest hydroelectric infrastructure projects. Ecuador may soon build a $12.5bn oil refinery with Chinese financing
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

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

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

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

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.
Arabica Robusta

AMAZON WATCH » Ecuador's Amazon for Sale in Beijing - 0 views

  • "The Chinese government is courting disaster with this round," said Adam Zuckerman of environmental and human rights organization Amazon Watch. "These blocks are the most controversial in Ecuador and there's already a list of companies who have tried to drill there and have failed. Drilling in some of the most pristine regions of the Amazon would not only violate the rights of local communities, it would break China's own laws."
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: 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

ECUADOR: Fate of Untapped Oil Hangs in the Balance - of Trust Fund - IPS ipsnews.net - 0 views

  • The initiative for not extracting the oil was originally proposed 20 years ago by Fundación Natura, the largest environmental organisation in Ecuador, and has since been supported by a number of environmental and indigenous groups defending the Yasuní National Park and its buffer zone, where the oilfields are located.
  • But there are strong supporters for drilling, like the deputy minister of non-renewable natural resources and former manager of the state oil firm Petroecuador, Carlos Pareja, and President Correa himself has talked extensively about "Plan B".
  • Meanwhile, the German government said it will not support the Yasuní-ITT initiative, because the precedent might be imitated by other countries. The announcement came as very bad news for the initiative.
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  • Correa cheerfully replied that he would continue to talk about "Plan B" because his main concern is the future of Ecuadorians, and if international cooperation is not forthcoming he will have to authorise it. In the circumstances, it appears increasingly unlikely that the oil under the Yasuní nature reserve will remain untapped for long.
  • The proposal is for Ecuador to forego extracting the oil, in return for the international community contributing 50 percent of the cost of the greenhouse gas emissions that would be saved by not extracting and burning the oil – at least 3.6 billion dollars.
Arabica Robusta

New Amazon Oil Threat - The Price of Oil - 0 views

  • The battle for oil in the Amazon has often been overlooked recently due to the fight to keep oil companies out of the Arctic. But the threat remains and is set to get much worse
  • It is over twenty years since Judith Kimerling’s ground-breaking booklet Amazon Crude was published into the devastation of oil in Ecuador by Texaco. If you have never read Joe Kane’s stunning book Savages on the shocking cultural impact of Amazonian oil, you should add it to your reading list.
  • The latest warning about oil’s lethal legacy has come from neighbouring Peru.  On Monday, the country’s government declared an environmental state of emergency in a remote region of the rainforest near the Ecuadorian border, inhabited by the Quichua and Ashuar indigenous groups
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  • But in timing that is beyond ironic, the very same day that Peru issued its state of emergency, Ecuadorian officials were in the Hilton in Beijing offering over three million hectares of pristine Amazonian rainforest to Chinese oil companies, including China Petrochemical and China National Offshore Oil.
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

Pambazuka - Leave new oil in the soil in Africa - 0 views

  • The desire to capture more oil reserves is driving exploration and development of oil and gas fields in Eritrea, Ethiopia, Somaliland, Puntland, Somalia, Kenya, Uganda, Rwanda, Burundi, Tanzania, Mozambique, Madagascar, Malawi, Mauritius, the Comoros, Seychelles and the coast of Durban in South Africa.
  • The National oil spill detection and response agency (NOSDRA), the United Nations Environment Programme (UNEP) and the United Nations Development Programme (UNDP) have identified over 2,000 spill sites that need to be remediated. Some of these spills happened over 40 years ago. The Ebubu spill that occurred in 1970, has not been cleaned up and Shell, the company implicated in the disaster, is vigorously appealing a judgement of a federal high court which ordered it to pay US$40 million compensation as at 2001.[3]
  • Even though Ikiogha is the government bureaucrat in charge of penalising Shell for the spill and signing off on the cleanup, he is also the contractor hired by Shell to do the cleanup… His cleanup operation consists of four shirtless men scooping oil from the surface of the polluted river with Frisbees… he claims that most of the oil had earlier been removed with absorbent foam and blankets.’[5]
    • Arabica Robusta
       
      Kenneth Feinburg.
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  • The idea of leaving oil in the ground within the Yasuni forest was taken up in far away Ecuador by no less than the government of the country itself and is receiving widespread acceptance.
  • The world’s ecosystem is one and we have merely scratched the surface in understanding the intricate interconnectedness of nature at different levels. It is therefore short sighted to continue the reckless expansion of drilling around the world because in the long run the revenue we may earn today from oil extraction would not be sufficient to adequately return our environment to what it was before extraction when incidents like these occur.
  • We must begin by acknowledging that the sensible use of our ecosystem has the capacity in the long-term to provide much more benefits and revenue than oil can ever provide. We must individually and consciously take up the responsibility of drastically reducing our use of oil and its by-products. We must also set up international tribunals that would try entities and individuals for their role in destroying the ecosystem. But more importantly we must begin to have the consciousness and think along the lines of building capacities within our communities to ensure as much as possible that the role of oil our energy matrix becomes inconsequential by investing more in renewable energy, energy efficiency, better public transportation and small decentralised energy projects.
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 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.
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