by Deep Green Resistance News Service | Nov 13, 2013 | Lobbying, Toxification
By Amazon Watch
In a major setback for Chevron, the Ecuadorian National Court issued its long-awaited decision in favor of a $9 billion pollution judgment against Chevron upholding and affirming lower court rulings. The court’s decision is final.
In its 222-page opinion, the supreme court affirmed earlier decisions by a Lago Agrio court and the appellate court for $9 billion but rejected the additional $9 billion in punitive damages previously imposed for not apologizing, given that provision is not explicitly permitted in Ecuadorian law. The supreme court also lamented the plaintiffs waiting 20 years for justice and attributed this largely to delaying tactics by Chevron. This ruling constitutes a landmark case for corporate responsibility.
“This is an extraordinary, unprecedented triumph for indigenous and local communities over one of the world’s worst polluters,” said Donald Moncayo, a representative from the Amazon Defense Coalition for 30,000 Ecuadorian rainforest villagers and plaintiffs, who was in New York to testify in a retaliatory lawsuit filed by Chevron against lawyers for the plaintiffs in the Ecuador case.
Meanwhile, at the trial in New York, Judge Kaplan repeatedly assisted Chevron in intimidating and attacking key Ecuadorian witnesses and the defendant’s legal team.
In the retaliatory RICO lawsuit, Moncayo was subjected to a lengthy cross-examination by Chevron, after which Judge Kaplan ordered him to turn over a copy of his hard drive to the court.
Christopher Gowen, a legal ethics professor at American University Washington College of Law, was present in court and commented, “Watching an American judge threaten a foreigner in an American court with criminal penalties without the advice of counsel on a highly questionable court order defies everything our justice system stands for.”
“Ecuador’s supreme court has given careful consideration to each of Chevron’s conspiratorial claims, and has rejected them one-by-one,” said Han Shan, spokesperson for legal team representing the Ecuadorian Villagers. “While the company’s complaints have found a sympathetic ear in Judge Kaplan’s courtroom, the fact remains that Chevron has been found liable by the court it fought to have the case heard by, and that decision has now been upheld at the highest level.”
“We witnessed outrageous abuse of power by the very pro-Chevron Judge Kaplan and there was nearly no mainstream media and no cameras to capture it,” said Atossa Soltani of Amazon Watch. “This can only have a chilling effect on the willingness of witnesses in human rights cases to come forth to provide facts and pertinent information in an impartial setting where they are not going to feel threatened.”
The Ecuadorians and their supporters have called for an end to Chevron’s retaliatory lawsuit and the ongoing “rigged show trial” before Judge Kaplan, who has displayed outright hostility to the Ecuadorians’ legal efforts to demand a cleanup. Judge Kaplan has also made repeated disparaging on the record comments about Ecuador’s judicial system.
Chevron has no assets in Ecuador, forcing the communities to pursue the oil giant’s assets around the world through enforcement actions currently underway in Brazil, Argentina and Canada.
Texaco operated in Ecuador until 1992, and Chevron absorbed the company in 2001, assuming all of its predecessor’s assets and liabilities. Chevron has admitted to dumping nearly 18 billion gallons of toxic wastewater into rivers and streams relied upon by thousands of people for drinking, bathing, and fishing. The company also abandoned hundreds of unlined, open waste pits filled with crude, sludge, and oil drilling chemicals throughout the inhabited rainforest region. Multiple independent health studies have shown an epidemic of oil-related birth defects, cancers, and other illness.
From Amazon Watch: http://amazonwatch.org/news/2013/1113-ecuadorian-court-upholds-9-billion-judgment-against-chevron
by Deep Green Resistance News Service | Nov 8, 2013 | Toxification
By Soumya Karlamangla / Los Angeles Times
A 90-car train derailed and exploded in rural Alabama early Friday morning, spilling its crude oil cargo into the surrounding wetlands and igniting a fire so intense that officials said it will take 24 hours to burn out. No one was injured.
The train was crossing a timber trestle above a wetland near Aliceville late Thursday night when 20 railcars and two of three locomotives derailed. Earlier reports said fewer cars had derailed.
On Friday morning, about 10 train cars were burning, according to a statement from train owner Genesee & Wyoming.
Emergency responders decided to let the cars burn out. Though the bridge is also burning, the fire is contained, officials said.
Scott Hughes, spokesperson for the Alabama Department of Environmental Management, told the Los Angeles Times that the oil has been spilled into the wetlands area.
“Typically wetlands are a sanctuary for a variety of different types of aquatic species, so once we’re able to get in and assess environmental impacts, we’ll certainly look at any impacts to aquatic organisms and other types of wildlife,” Hughes told the Los Angeles Times.
There are extensive wetlands near Aliceville, according to the state’s Forestry Commission website.
Hughes said that it’s difficult to determine how much oil has been spilled, because responders can’t get close to the fire. Hughes said his agency checked the drinking water wells in the area, and said there will be no effect on the water.
“The area’s pretty rural, there’s not a whole lot around,” Alabama Emergency Management spokesperson Yasamie August told the Los Angeles Times.
One family was evacuated, but has already been returned home, she said
The Environmental Protection Agency has one person on scene who is overseeing the clean-up and monitoring of air quality to assess the impact of the crude oil spill, regional Environmental Protection Agency spokesperson James Pinkney told The Times.
The train was en route from Amory, Miss., to Walnut Hill, Fla., according to the Genesee statement.
The use of rail to move oil amid rapidly expanding U.S. production is coming under growing regulatory scrutiny after the horrific explosion of an oil train in Canada’s Lac-Megantic, Quebec, killed at least 42 residents in July, The Times reported in September. A train with 72 tank cars hauling crude oil from North Dakota’s Bakken Shale fields rolled downhill into the city and ignited an inferno that destroyed half of downtown.
Don Hartley, a regional coordinator for the Alabama Emergency Management Agency, told The Times that the train in Alabama likely originated in North Dakota.
The Times also reported that railroads are carrying 25 times more crude oil than they were five years ago. And though railroads have improved their safety in recent years, moving oil on tank cars is only about half as safe as in pipelines.
From Los Angeles Times: http://www.latimes.com/nation/nationnow/la-na-nn-alabama-train-explosion-20131108,0,1137139.story
by Deep Green Resistance News Service | Aug 2, 2013 | Climate Change, Toxification
By Fiona Harvey / The Guardian
A major survey of the coral reefs of the Caribbean is expected to reveal the extent to which one of the world’s biggest and most important reserves of coral has been degraded by climate change, pollution, overfishing and degradation.
The Catlin scientific survey will undertake the most comprehensive survey yet of the state of the region’s reefs, starting in Belize and moving on to Mexico, Anguilla, Barbuda, St Lucia, Turks & Caicos, Florida and Bermuda.
The Catlin scientists said the state of the regions’ reefs would act as an early warning of problems besetting all of the world’s coral. As much as 80% of Caribbean coral is reckoned to have been lost in recent years, but the survey should give a more accurate picture of where the losses have had most effect and on the causes.
Loss of reefs is also a serious economic problem in the Caribbean, where large populations depend on fishing and tourism. Coral reefs provide a vital home for marine creatures, acting as a nursery for fish and a food resource for higher food chain predators such as sharks and whales.
Stephen Catlin, chief executive of the Catlin Group, said: “It is not only important that scientists have access to this valuable data, but companies such as ours must understand the impact that significant changes to our environment will have on local economies.”
Globally, coral reefs are under threat. The future of the Great Barrier Reef in Australia is in doubt as mining and energy companies want to forge a shipping lane through it to form a more direct link with their export markets.
Warming seas owing to climate change can lead to coral being “bleached” – a state where the tiny polyps that build the reefs die off. The US government’s National Oceanic and Atmospheric Administration predicts increasing frequency and severity of mass bleaching events as global warming takes effect.
Richard Vevers, director of the project, told the Guardian that one important role of the new survey would be to describe a new “baseline” to establish how far such problems have taken their toll to date, which will enable future scientists to judge how degradation – or conservation – progresses.
He said the team of scientists would also probe the underlying reasons for such degradation, with a view to informing conservation efforts.
The team will use satellite data as well as direct observations to assess the reefs. As part of the survey, they will develop software that marine scientists can apply to other reefs around the world. A new camera has been constructed to assist their efforts.
Vevers said: “The Caribbean was chosen to launch the global mission because it is at the frontline of risk. Over the last 50 years 80% of the corals have been lost due mainly coastal development and pollution. They now are also threatened by invasive species, global warming and the early effects of ocean acidification — it’s the perfect storm.”
From The Guardian: http://www.theguardian.com/environment/2013/aug/01/caribbean-coral-reef-loss
by Deep Green Resistance News Service | Jul 13, 2013 | Toxification
By Institute of Physics
Over two million deaths occur each year as a direct result of human-caused outdoor air pollution, a new study has found.
In addition, while it has been suggested that a changing climate can exacerbate the effects of air pollution and increase death rates, the study shows that this has a minimal effect and only accounts for a small proportion of current deaths related to air pollution.
The study, which has been published today, 12 July, in IOP Publishing’s journal Environmental Research Letters, estimates that around 470,000 people die each year because of human-caused increases in ozone.
It also estimates that around 2.1 million deaths are caused each year by human-caused increases in fine particulate matter (PM2.5) – tiny particles suspended in the air that can penetrate deep into the lungs, causing cancer and other respiratory disease.
Co-author of the study, Jason West, from the University of North Carolina, said: “Our estimates make outdoor air pollution among the most important environmental risk factors for health. Many of these deaths are estimated to occur in East Asia and South Asia, where population is high and air pollution is severe.”
According to the study, the number of these deaths that can be attributed to changes in the climate since the industrial era is, however, relatively small. It estimates that a changing climate results in 1500 deaths due to ozone and 2200 deaths related to PM2.5 each year.
Climate change affects air pollution in many ways, possibly leading to local increases or decreases in air pollution. For instance, temperature and humidity can change the reaction rates which determine the formation or lifetime of a pollutant, and rainfall can determine the time that pollutants can accumulate.
Higher temperatures can also increase the emissions of organic compounds from trees, which can then react in the atmosphere to form ozone and particulate matter.
“Very few studies have attempted to estimate the effects of past climate change on air quality and health. We found that the effects of past climate change are likely to be a very small component of the overall effect of air pollution,” continued West.
In their study, the researchers used an ensemble of climate models to simulate the concentrations of ozone and PM2.5 in the years 2000 and 1850. A total of 14 models simulated levels of ozone and six models simulated levels of PM2.5.
Previous epidemiological studies were then used to assess how the specific concentrations of air pollution from the climate models related to current global mortality rates.
The researchers’ results were comparable to previous studies that have analysed air pollution and mortality; however, there was some variation depending on which climate model was used.
West added, “We have also found that there is significant uncertainty based on the spread among different atmospheric models. This would caution against using a single model in the future, as some studies have done”.
From Friday 12 July, this paper can be downloaded from http://iopscience.iop.org/1748-9326/8/3/034005/article.
From Institute of Physics: http://www.iop.org/news/13/jul/page_60518.html
by Deep Green Resistance News Service | Jun 1, 2013 | Lobbying, Toxification
By Jonathan Fowlie, Scott Simpson and Jeff Lee / Vancouver Sun
The B.C. Liberal government has strongly rejected the proposed Enbridge Northern Gateway pipeline, stating in a formal submission to a National Energy Board review panel that the company has not properly addressed the province’s environmental concerns.
The province did not outright kill the proposed $6-billion oil pipeline from Alberta to the West Coast at Kitimat, but said Enbridge has left unanswered too many questions about its ability to protect marine or freshwater ecosystems in the event of a spill.
The proponents have “presented little evidence about how it will respond in the event of a spill,” the province wrote in its submission to the Northern Gateway Pipeline Joint Review Panel.
“It is not clear from the evidence that (Northern Gateway) will in fact be able to respond effectively to spills either from the pipeline itself, or from tankers transporting diluted bitumen from the proposed Kitimat terminal.”
B.C. said Enbridge failed to explain how it would respond to a catastrophic spill.
“The project before (the Joint Review Panel) is not a typical pipeline. For example: the behaviour in water of the material to be transported is incompletely understood; the terrain the pipeline would cross is not only remote, it is in many places extremely difficult to access; the impact of spills into pristine river environments would be profound,” the province wrote.
“In these particular and unique circumstances, (Northern Gateway) should not be granted a certificate on the basis of a promise to do more study and planning once the certificate is granted. The standard in this particular case must be higher,” it added.
“‘Trust me’ is not good enough in this case.”
The rejection is a major hurdle for the multi-billion dollar pipeline project, and especially for its ability to gain approval from the Joint Review Panel.
“It simply is insufficient for us to think it should go forward,” provincial Environment Minister Terry Lake said in an interview on Friday.
“The company was unable to give us adequate detail about how they would respond to a spill in some of these (freshwater) locations,” he continued.
“There’s a lot of questions about the behaviour of this product in cold marine environments, and a recognition that more research needs to be done on whether this material would float or whether it would sink, because obviously that makes a difference in terms of any potential spill and how it would be dealt with.”
Lake said the province’s submission is not a death knell for the project, but does set a “high bar” for it to proceed.
“Until the National Energy Board is able to process all this and deliver a final verdict, we don’t want to conclude that this is absolutely a no,” he said. “But we’re just saying from what we’ve seen to date, it doesn’t meet the test.”
by Deep Green Resistance News Service | May 24, 2013 | Protests & Symbolic Acts, Toxification
By Mountain Justice
Three residents of Central Appalachia and supporters with Mountain Justice chained themselves to an industrial tank of black water in front of Alpha Natural Resources’ Bristol, Va., headquarters to protest Alpha’s mountaintop removal strip mining and coal slurry operations across the region.
“I’m risking arrest today because mountaintop removal has to end now for the future viability of Appalachia,” says Emily Gillespie of Roanoke, Va., whose work with the Mountain Justice movement is inspired by Appalachian women’s history of non-violent resistance. The tank of water represents coal contamination from affected communities across the Appalachian region.
The group called for Alpha to stop seeking an expansion of the Brushy Fork coal slurry impoundment in Raleigh County, W.Va. “We want Kevin Crutchfield, CEO of Alpha Natural Resources, to produce a signed document expressing that they won’t seek the expansion of the Brushy Fork Impoundment before we leave,” Junior Walk, 23, from the Brushy Fork area said.
“I live downstream from Alpha’s Brushy Fork coal slurry impoundment on Coal River. If that impoundment breaks, my whole family would be killed,” Walk said, “Even if it doesn’t, we’re still being poisoned by Alpha’s mining wastes everyday. I’m here to bring the reality of that destruction to the corporate authorities who are causing it, but who don’t have to suffer its consequences.”
More than 20 peer-reviewed studies since 2010 demonstrate a connection between mountaintop removal coal mining operations and increased cases of kidney, lung, and heart diseases, as well as increased birth defects and early mortality. The ACHE act, currently in sub committee in Washington, calls for a moratorium on new mountaintop removal operations until a definitive, non-partisan study can demonstrate the reason for these community health emergency levels of health impacts.
The impoundment at Brushy Fork holds back almost 5 billion gallons of toxic sludge and is considered the largest earthen dam in the Western hemisphere. Recently leaked records show that coal slurry impoundments in Appalachia failed 59 out of 73 total structural tests performed by the Office of Surface Mining. “Alpha is only profitable because they’re allowed to gamble with our lives—and we’re the ones who pay the cost of their negligence and toxic pollution,” Walk said.
Alpha has lost numerous lawsuits relating to pollution from mining wastes in recent years, but they continue to violate safety regulations and expand their hazardous operations.
After refusing to take responsibility for the massive floods caused by the King Coal Highway and their destructive mountaintop removal mining practices, Alpha continues to push forward similar projects, such as the controversial Coalfields Expressway in Virginia.
From Mountain Justice: http://mountainjustice.org/events.php?id=245
You can support the Mountain Justice legal fund here: https://www.paypal.com/us/cgi-bin/webscr?cmd=_flow&SESSION=rz2f3BpZzTXerYXJ2w8VcOfrYjnxsKfKZd8OHROTTFFg6xVKjvMCbhb8qh0&dispatch=5885d80a13c0db1f8e263663d3faee8d14f86393d55a810282b64afed84968ec
