by Deep Green Resistance News Service | Oct 10, 2012 | Lobbying, Toxification
By Jeff Gray / The Globe and Mail
Chevron Corp. has lost a bid to have the U.S. Supreme Court consider its call for a worldwide ban on attempts to collect on a controversial $19-billion (U.S.) environmental judgment levelled against the company in Ecuador.
The decision comes with lawyers in Canada poised to battle in a Toronto courtroom next month over an attempt by the Ecuadorean plaintiffs to seize Chevron’s considerable Canadian assets to cover at least part of the massive judgment – a judgment the oil giant dismisses as fraudulent.
In the latest twist in a tangled legal saga, Chevron was trying to revive a preliminary injunction issued last year by a federal judge in New York. That injunction was later overturned on appeal. It purported to block the plaintiffs and their lawyers from trying to enforce the 2011 Ecuadorean court ruling not just in the U.S., but anywhere outside of Ecuador.
The U.S. Supreme Court refused on Tuesday to hear the case. It issued no reasons, as is customary, leaving the appeal court decision that quashed the injunction in place.
The news comes as lawyers for the plaintiffs – a group of villagers in the Amazon rainforest – have stepped up their campaign to force the oil company to pay for environmental damage from oil pollution in the Lago Agrio area of Ecudaor.
Chevron, based in San Ramon, Calif., has said it has virtually no assets remaining in Ecuador, and the plaintiffs have vowed to chase the company’s assets elsewhere. Their first stop, earlier this year, was Canada.
In May, they announced they had retained prominent Toronto lawyer Alan Lenczner, of Lenczner Slaght Royce Smith Griffin LLP, to try to have the judgment recognized by the Ontario Superior Court and force Chevron to fork over its Canadian assets, which include oil sands holdings. The plaintiffs have also filed a similar collection effort in Brazil.
In sprawling litigation in the United States, both sides have accused each of fraud and bribery in connection with the Ecuadorean ruling, allegations they both deny.
Chevron said Tuesday in an e-mailed statement that the company was disappointed with the decision but “will continue to defend against the plaintiffs’ lawyers’ attempts to enforce the fraudulent Ecuadorean judgment, and to further expose their misconduct in our pending [litigation] in New York and other proceedings.”
The plaintiffs’ say the ruling is the latest in a series of defeats for Chevron in U.S. courts.
“Chevron’s latest loss before the Supreme Court is an example of the company’s increasingly futile battle to avoid paying its legal obligations in Ecuador,” Aaron Marr Page, a lawyer for the Ecuadoreans, was quoted as saying in an e-mailed statement.
Read more from The Globe and Mail: http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/chevron-loses-bid-to-have-ecuador-case-heard-by-us-supreme-court/article4599707/
by Deep Green Resistance News Service | Oct 9, 2012 | Biodiversity & Habitat Destruction, Colonialism & Conquest, Indigenous Autonomy, Obstruction & Occupation
By Jeremy Hance / Mongabay
Construction on Brazil’s megadam, Belo Monte, has been halted again as around 150 demonstrators, most of them from nearby indigenous tribes, have occupied the main construction site at Pimental. Over a hundred indigenous people joined local fishermen who had been protesting the dam for 24 days straight. Indigenous people and local fishermen say the dam will devastate the Xingu River, upending their way of life.
“The renewed occupation of the project’s earthen cofferdams paralyzed construction works, while indigenous protestors seized the keys of trucks and tractors forcing workers to leave the strategic Pimental work camp on foot,” reads a press release from the NGO Amazon Watch. Around 900 workers were sent home.
This is the second occupation attempt in less than six months. Over the summer some 300 indigenous people sustained an occupation of the dam for 21 days, before breaking it off though little headway was made in talks with consortium building the dam, Norte Energia.
The Belo Monte dam, which would be the world’s third largest, has been plagued by controversy from its origin decades ago; the battle for the dam has been fought both in Brazil’s courts and on the international stage. If built, the dam will flood an estimated 40,000 hectares of present rainforest and could push some fish species to extinction. In addition, 16,000 people will be displaced according to the government, though some NGOs say the number is more likely double that.
Despite the impacts, the dam has been strongly supported by Brazilian President Dilma Rousseff, and every legal injunction against the dam has been overturned. Norte Energia has filed with a local court for repossession of the construction sties.
Indigenous groups say the construction of the dam is already imperiling their way of life, as the Xingu river becomes more difficult to navigate. They have also said they have no intention of leaving until Norte Energia meets their demands.
“We are witnessing the devastation of this land. The island of Pimental was completely destroyed, with a sole tree left standing, and the water is putrid. It is very shocking,” an protestor told Amazon Watch.
Dams are often described as ‘green’ energy source, however in the tropics they actually release significant methane emissions due to rotting vegetation. Although it has a shorter life than carbon, methane is a far more potent greenhouse gas.
From Mongabay: “Indigenous groups re-occupy Belo Monte dam in the Amazon“
by Deep Green Resistance News Service | Oct 9, 2012 | Climate Change
By Phys.org
Richard York, a researcher with the Department of Sociology and Environmental Studies Program at the University of Oregon, has found that a measured reduction in CO2 emissions during economic downturns is not on par with the increase in CO2 emissions that is apparent during boon times.
York made this discovery after analyzing the Gross Domestic Product (GDP) of several nations during the period 1960 to 2008, and then comparing these values with the countries’ corresponding annual measures of CO2 emissions. The results are published in the journal Nature Climate Change.
Conventional thinking held that greenhouse gas emissions will tumble at the same rate as they rise depending on economic conditions. York wasn’t convinced: accordingly, he decided to study the ups and downs of the economies of 150 of the world’s major countries over the course of nearly a half century.
He then compared each country’s GDP and carbon emission measures over time. What he found was that, on average, CO2 emissions rose by 0.73 percent for every 1 percent rise in GDP during economically prosperous times, but fell just 0.43 percent for every 1 percent fall in GDP during economically depressed periods , indicating that greenhouse gasses fall at roughly half the rate that they rise.
York has a theory regarding this observed phenomenon— CO2 emission levels are partly based on a country’s economic and infrastructure history. If a country builds factories, cars and roads during strong economic times, this infrastructure and machinery will still be there when the economy experiences a dip. And, while the new assets may be used less during difficult times, there is very little chance they won’t be used at all. Therefore, carbon emissions, while somewhat decreased, will never return to their pre-development levels.
York’s findings are likely to dampen one of the few bright spots surrounding the economic malaise currently impacting many countries, particularly Europe. The hope—that slow economic growth was decreasing the amount of CO2 being added to the atmosphere, thereby minimizing global warming, and as some have suggested, weather volatility—may be little more than wishful thinking. York concludes by suggesting that, based on his results, governments worldwide will likely need to rethink their predictions regarding CO2 emissions.
This might be particularly true for those countries that set their goals based on assumptions made at the 2009 Copenhagen summit, which focused on nations working together to combat the problems of greenhouse gas emissions and global warming, and which was organized around conventional theories of CO2 emissions in developed and developing nations.
From Phys.org: http://phys.org/news/2012-10-environmentalist-co2-faster-good-falls.html#jCp
by Deep Green Resistance News Service | Oct 6, 2012 | Colonialism & Conquest, Indigenous Autonomy, Mining & Drilling, Obstruction & Occupation
By Survival International
A protest involving Earth’s most threatened tribe, the Awá, has forced the world’s largest iron ore mine to suspend operations along its main railway line.
On Tuesday, hundreds of Indians including the Awá, took to the tracks of Vale’s Carajás railway to voice their opposition to Brazilian government plans that could weaken their land rights, if legalized.
The demonstration follows months of anger surrounding a draft text called Directive 303, which prohibits the expansion of indigenous territories.
The government has refused to scrap the proposed directive, despite it violating national and international laws by suggesting certain projects can be carried out on Indian land without proper consultation.
Frustrations spilled over on Tuesday, with several different tribes uniting to demand that their land rights are respected.
The blockade is the latest in a string of controversies to involve mining giant Vale, whose railway borders the territory of the Awá.
Last month, a judge reversed a ruling that had stopped the company from doubling its railway line to increase production.
The decision was a blow for the Awá, who blame the railway for bringing thousands of invaders into their lands and scaring off the animals they hunt.
Survival’s Director Stephen Corry said today, ‘If Brazil wants to lead the way and show the world that it respects its indigenous peoples, it should not be entertaining the harmful propositions of a handful of rural lobbyists. This protest shows that for tribes like the Awá, land rights are make or break.’
From Survival International: http://www.survivalinternational.org/news/8722
by Deep Green Resistance News Service | Oct 4, 2012 | Toxification, White Supremacy
By David Edwards / The Raw Story
A college professor from St. Louis, Missouri has released research claiming that the U.S. Army conducted secret Cold War tests by spraying toxic radioactive chemicals on cities like St. Louis and Corpus Christi.
St. Louis Community College-Meramec sociology professor Lisa Martino-Taylor told The Associated Press that her research showed that the Army may have sprayed radioactive particles with zinc cadmium sulfide while claiming that it was testing a smoke screen that could prevent Russians from observing St. Louis from the air.
Those tests were concentrated in predominately-black areas of the city, which Army documents called “a densely populated slum district.”
In 1994, the Army confirmed to Congress that St. Louis was chosen because it resembled Russian cities that the U.S. might have to attack with biological weapons.
“The study was secretive for reason,” Martino-Taylor explained to KDSK last month. “They didn’t have volunteers stepping up and saying yeah, I’ll breathe zinc cadmium sulfide with radioactive particles.”
Documents showed that the Army used airplanes to drop the chemicals in Corpus Christi, but sprayers were mounted on station wagons and buildings in St. Louis.
“It was pretty shocking. The level of duplicity and secrecy. Clearly they went to great lengths to deceive people,” Martino-Taylor observed. “This was a violation of all medical ethics, all international codes, and the military’s own policy at that time.”
“There is a lot of evidence that shows people in St. Louis and the city, in particular minority communities, were subjected to military testing that was connected to a larger radiological weapons testing project.”
Doris Spates lived in one of those impoverished St. Louis neighborhoods as a child and has survived cervical cancer. But four of her siblings and her father weren’t as lucky. All five have died of cancer.
“I’m wondering if it got into our system,” Spates told the AP. “When I heard about the testing, I thought, ‘Oh my God. If they did that, there’s no telling what else they’re hiding.’”
Last month, both Missouri Sens. Claire McCaskill (D) and Roy Blunt (R) demanded that Army Secretary John McHugh come clean about the testing. For its part, the Army refused to comment on the matter until it had responded to the senators, the AP reported.
From The Raw Story: http://www.rawstory.com/rs/2012/10/04/u-s-militarys-secret-experiment-sprayed-radiation-on-low-income-housing/
by Deep Green Resistance News Service | Oct 2, 2012 | Indigenous Autonomy, Mining & Drilling
By Patricia Ardón and Orfe Castillo
“In the struggle to defend our territory, our natural resources, what’s at stake is our very existence.” – Miriam Pixtún, Indigenous Women’s Movement Tz ́ununijá
In Guatemala, the policy of enclaves and extraction of natural resources fomented by the current development model and by the transnational corporations has a tremendous impact on the life of the communities, particularly on indigenous peoples and women.
With the aim of sharing experiences and analysis among women who lead organizing in defense of rights to land, territory and natural resources in Guatemala, Sinergia No ́j, T ́zununijá, Just Associates (JASS), Uk ́Ux B ́e, Unit of Guatemalan Human Rights Defenders (UDEFEGUA), Association for Feminist Studies (AMEF) and the National Union of Guatemalan Women (UNAMG) held the national meeting “Women in Defense of of Water, Life and Territory” on Sept. 11-12, 2012. More than forty women from different parts of the country participated in the meeting.
“We resist due to the disadvantages of the megaprojects; the development that the companies offer just leaves more poverty, sickness, deaths–all kinds of problems. They use pesticides, strong chemical products. They pollute the water… our house are cracked, animals have died, now the corn doesn’t grow, it’s dried up. Water is scarce and polluted. What kind of development is this?” said one participant.
According to Carmen Lucía Pellecer, Co-Directora of Sinergia Noj, the forum enabled indigenous women to talk about experiences of resistance, the acts they carry out in their communities and in their daily lives.
Another participant pointed out, “The megaprojects represent a clash with our vision of the world, the natural resources are interconnected elements of life, we are part of it. What the capitalist companies do has consequences for our way of living together, they use impoverishment to manipulate people, they affect our health, they cause illnesses of the skin, of eyesight. The hydroelectric plants block the flow of the rivers, they cause droughts. We have been exposed to high tension wires, the looting of our lands… All the community has united to stop it but at the cost of being criminalized. They attack us for not giving in, they threaten us with prison, they don’t respect the consultation processes that are binding. For women, all this implies a heavier workload, persecution, facing militarization that revives the horrors of the war–we see soldiers and it generates terror because we know what happened to our mothers, our aunts.”
The gathering also served to present the report of the Nobel Women’s Initiative/JASS delegation, led by Nobel Laureates Jody Williams and Rigoberta Menchú. The delegation visited Guatemala, Honduras and Mexico in January of this year to examine violence against women; most of the women present at the September gathering presented testimony to the delegation in January. Many participants noted that the report helped build a regional view of the situation and of women’s struggles. These links give women a stronger voice and more political influence, they asserted.
Miriam Plxtún of the Movement of Indigeous Women Tz ́ununija identified several major achievements of the gathering, including the importance of creating their own space for recognizing and strengthening the peaceful struggle in defense of territory and natural resources, the discussion of alternatives, and the effort to build cross-border alliances that spread information on the effects of mega-projects. She also stated that the group made specific commitments to continue the analysis on key issues.
The organizations that called the event agreed on the importance of strengthening access to timely, specialized and accurate information on the impact of megaprojects on societies and on women, and of broadening networks and alliances from the local to the international level, drawing in all actors who can contribute to prevent the death and looting of the peoples.
Finally, at the gathering several women described the work being done by the Mesoamerican Women Human Rights Defenders Initiative and the National Network of Women Human Rights Defenders of Guatemala. These organizing efforts, they said, have increased recognition of women’s struggles and awareness of the security challenges for women human rights defenders.
Pixtún recalled that in Guatemala, indigenous women have a long way to go to recuperate the fundamental meaning of democracy, which is the power of the people. Women contribute in an essential way to the construction of dignified lives, she told the group, and it’s time for others–men and women–to join in this effort from all over. Indigenous peoples and women have the right to live according to their own cosmovision, to be recognized as full rightsholders and as important political actors.
From Americas Program: http://www.cipamericas.org/archives/7992
