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 1, 2013 | Mining & Drilling
By John Vidal / The Guardian
The Virunga national park, home to rare mountain gorillas but targeted for oil exploration by a British company, could earn strife-torn DR Congo $400m (£263m) a year from tourism, hydropower and carbon credits, a WWF report published on Thursday concludes.
But if the Unesco world heritage site that straddles the equator is exploited for oil, as the Congolese government and exploration firm Soco International are hoping, it could lead to devastating pollution and permanent conflict in an already unstable region, says the conservation body.
Congo has allocated oil concessions over 85% of the Virunga park but Soco International is now the only company seeking to explore inside its boundaries. This year Unesco called for the cancellation of all Virunga oil permits.
Soco, whose board of 10 directors have wide experience with oil companies working in conflict areas including Exxon, Shell and Cairn, insist that their operations in Congo would be confined to an area in the park known as Block V, and would not affect the gorillas.
Soco chairman, Rui de Sousa, said: “Despite the views of WWF, Soco is extremely sensitive to the environmental significance of the Virunga national park. It is irrefutable that oil companies still have a central role in today’s global energy supply and a successful oil project has the potential to transform the economic and social wellbeing of a whole country.”
He added: “The park has sadly been in decline for many years officially falling below the standards required for a world heritage site. The potential for development just might be the catalyst that reverses this trend.”
However Raymond Lumbuenamo, country director for WWF-Democratic Republic of the Congo, based in Kinshassa, said that security in and around the park would deteriorate further if Soco went ahead with its exploration plans.
“The security situation is already bad. The UN is involved with fighting units and the M23 rebel force is inside the park. Oil would be a curse. It always increases conflict. It would attract human sabotage. The park might become like the Niger delta. Developing Virunga for oil will not make anything better.”
“The population there is already very dense, with over 350 people per sqkm. When you take part of the land (for oil) you put more pressure on the rest. Oil would not provide many jobs, people would flood in looking for work,” he said.
One fear is that the area is seismically active and another eruption of one of the volcanoes in the park could damage oil company infrastructure and lead to oil spills in the lakes. “Virunga’s rich natural resources are for the benefit of the Congolese people, not for foreign oil prospectors to drain away. Our country’s future depends on sustainable economic development,” said Lumbuenamo.
“For me, choosing the conservation option is the best option. We can always turn back. Once you have started drilling for oil there’s no turning back,” he said.
But Raymond accepted that while the gorillas were safe at present, the chances of the park generating its potential of $400m a year were remote. “It would be difficult to make the kind of money that the report talks of. Virunga used to be a very peaceful place and can be again. The security situation right now is bad. The UN is involved with fighting units. Its not as quiet as it used to be.”
Read more from The Guardian: http://www.theguardian.com/environment/2013/aug/01/congo-mountain-gorillas-virunga-wwf
by Deep Green Resistance News Service | Apr 29, 2013 | Lobbying, Mining & Drilling
By Community Environmental Legal Defense Fund
Earlier today, the County Commission of Mora County, located in Northeastern New Mexico, became the first county in the United States to pass an ordinance banning all oil and gas extraction.
Drafted with assistance from the Community Environmental Legal Defense Fund (CELDF), the Mora County Community Water Rights and Local Self-Government Ordinance establishes a local Bill of Rights – including a right to clean air and water, a right to a healthy environment, and the rights of nature – while prohibiting activities which would interfere with those rights, including oil drilling and hydraulic fracturing or “fracking,” for shale gas.
Communities across the country are facing drilling and fracking. Fracking brings significant environmental impacts including the production of millions of gallons of toxic wastewater, which can affect drinking water and waterways. Studies have also found that fracking is a major global warming contributor, and have linked the underground disposal of frack wastewater to earthquakes.
CELDF Executive Director Thomas Linzey, Esq., explained, “Existing state and federal oil and gas laws force fracking and other extraction activities into communities, overriding concerns of residents. Today’s vote in Mora County is a clear rejection of this structure of law which elevates corporate rights over community rights, which protects industry over people and the natural environment.”
He stated further that, “This vote is a clear expression of the rights guaranteed in the New Mexico Constitution which declares that all governing authority is derived from the people. With this vote, Mora is joining a growing people’s movement for community and nature’s rights.”
CELDF Community Organizer and Mora County resident, Kathleen Dudley, added, “The vote of Mora Commission Chair John Olivas and Vice-Chair Alfonso Griego to ban drilling and fracking is not only commendable, it is a statement of leadership that sets the bar for communities across the State of New Mexico.” She explained that the ordinance calls for an amendment to the New Mexico Constitution that “elevates community rights above corporate property rights.”
Mora County joins Las Vegas, NM, which in 2012 passed an ordinance, with assistance from CELDF, which prohibits fracking and establishes rights for the community and the natural environment. CELDF assisted the City of Pittsburgh, PA, to draft the first local Bill of Rights which prohibits fracking in 2010. Communities in Pennsylvania, Ohio, Maryland, New York, and New Mexico have enacted similar ordinances.
Mora County joins over 150 communities across the country which have asserted their right to local self-governance through the adoption of local laws that seek to control corporate activities within their municipality.
From CELDF:
by Deep Green Resistance News Service | Mar 17, 2013 | Colonialism & Conquest, Indigenous Autonomy, Lobbying, Mining & Drilling
By Survival International
Amazon Indians from Peru and Brazil have joined together to stop a Canadian oil company destroying their land and threatening the lives of uncontacted tribes.
Hundreds of Matsés Indians gathered on the border of Peru and Brazil last Saturday and called on their governments to stop the exploration, warning that the work will devastate their forest home.
The oil giant Pacific Rubiales is headquartered in Canada and has already started oil exploration in ‘Block 135’ in Peru, which lies directly over an area proposed as an uncontacted tribes reserve.
In a rare interview with Survival, a Matsés woman said, ‘Oil will destroy the place where our rivers are born. What will happen to the fish? What will the animals drink?’
The Matsés number around 2,200 and live along the Peru-Brazil border. Together with the closely-related Matis tribe, they were known as the ‘Jaguar people’ for their facial decorations and tattoos, which resembled the jaguar’s whiskers and teeth.
The Matsés were first contacted in the 1960s, and have since suffered from diseases introduced by outsiders. Uncontacted tribes are also at extreme risk from contact with outsiders through the introduction of diseases to which they have little or no immunity.
Despite promising to protect the rights of its indigenous citizens, the Peruvian government has allowed the $36 million project to go ahead. Contractors will cut hundreds of miles of seismic testing lines through the forest home of the uncontacted tribes, and drill exploratory wells.
The government has also granted a license for oil explorations to go ahead in ‘Block 137’, just north of ‘Block 135’, which lies directly on Matsés land. Despite massive pressure from the company, the tribe is firmly resisting the oil company’s activities in their forest.
The effects of oil work are also likely to be felt across the border in Brazil’s Javari Valley, home to several other uncontacted tribes, as seismic testing and the construction of wells threaten to pollute the headwaters of several rivers on which the tribes depend.
Survival’s Director Stephen Corry said, ‘The Canadian state was founded on the theft of tribal land. When Europeans invaded Canada, they introduced alien diseases, seized control of natural resources, and brought about the extinction of entire peoples. It’s a great irony that a Canadian company today is poised to commit the same crimes against tribes in Peru. Why doesn’t the Peruvian government uphold its own commitments to tribal rights? History tells us that when uncontacted peoples’ land is invaded, death, disease and destruction follow.’
From Survival International: http://www.survivalinternational.org/news/9023
