Chevron Lobbyists Accused of 'Misleading Congress'

The Chevron/Ecuador scandal rumbles on:

Leaders from Ecuador's rainforest, suing Chevron over the "Amazon Chernobyl", are accusing the oil giant of misleading the Bush Administration and Congress to escape a potential $16 billion liability in an environmental lawsuit.

The indigenous leaders - from the Cofan, Secoya, and Siona tribes - are planning a trip to Washington, DC in September to talk directly with Members of Congress and the office of the U.S. Trade Representative.

"We are coming to tell the truth about Chevron's desperate attempt to quash the legal claims of thousands of vulnerable people in the Amazon rainforest who are struggling to survive due to oil contamination," said Pablo Fajardo, the lead Ecuadorian lawyer for the plaintiffs.

"These people deserve their day in court without interference from Chevron," he added. "Chevron must respect the rule of law."

The damages report prompted Chevron to disclose the liability to its shareholders for the first time, and to hire a slew of Washington lobbyists who have dedicated themselves to trying to block the extension of U.S. trade preferences for Ecuador. Luis Gallegos, Ecuador's U.S. ambassador, has said a failure to extend the trade preferences by the end of the year would cost the country 350,000 jobs and force 1.2 million people into poverty.

Among the lobbyists hired by Chevron are former Senators John Breaux and Trent Lott, and Mac McLarty, former White House Chief of Staff in the Clinton Administration. Their work has been focused on Ambassador Susan Schwab, the United States Trade Representative; key Members of Congress; and John Negroponte, Deputy Secretary of State.

Fajardo said the aim of Chevron's lobbyists is to use the threat of canceling trade preferences to intimidate Ecuador's government into extinguishing the legal rights of its citizens to save the country's economy.

Interestingly, one Democrat senator has alreay been involved in this case on the side of the Ecuadoreans.....one Barak Obama. From February 2006:

Senators Barack Obama (D-Ill) and Patrick Leahy (D-Vt) have stepped up the pressure on Chevron, sending a letter to U.S. Trade Representative Rob Portman urging him to ignore company's campaign to improperly exclude Ecuador from trade negotiations until the Ecuadorian government shuts down the lawsuit.

The senators write: "We are writing to seek your assurances that the U.S. Trade Representative will not allow negotiations over the Andean Free Trade Agreement to interfere with a case involving Chevron that is under consideration by the Ecuadorian judiciary, particularly one involving environmental, health and human rights issues that have regional importance. While we are not prejudging the outcome of the case, we do believe the 30,000 indigenous residents of Ecuador deserve their day in court."

Question is, will Obama stand by this letter when the time comes, or will he give in to pressure from the oil giant? Failing that, will Chevron increase the pressure so they can persuade the Bush administration of their case before it's too late (should there be an Obama presidency)? Or will Chevron fund a massive smear campaign against Obama? The people of Ecuador have a lot riding on the next couple of months. Let's hope that their day in court finally arrives.

More at Ecuador Rising.

The City of London - Sponsored By Porsche

Once again, we see how easily the Tories defer to the interests of big business, even in the face of their new found passion for the environment. Eager not to upset the bigwigs at Porsche, Boris Johnson has proven that he has no bollocks whatsoever and caved in to the pressure exerted by the gas guzzling manufacturer. As always with the Tories, big business comes first, the environment a very distant last. Whilst the taxpayer is forced to pay compensation to the manufacturing giant, Boris Johnson and his capitalist chums are laughing all the way to the bank. Any chance a sweetener might have been involved? From The Guardian:

London mayor Boris Johnson is to pay about £400,000 to Porsche after agreeing to scrap a plan to levy a £25 charge on the most polluting vehicles in the capital, it emerged last night.

The luxury sports car specialist had begun a legal challenge to the proposal, put forward by the former mayor, Ken Livingstone, earlier this year.

Yesterday Johnson withdrew the proposal, and a court ruled that the Greater London Authority should pay Porsche's legal costs. The company says that it will give the money to Skidz - a charity which offers youngsters training in mechanical skills and maintenance.

Last night Jenny Jones, Green party assembly member, said she was appalled by the decision. "This is a mayor who is telling us he wants to see value for money, and to account for every penny, and here he is paying one of the richest car companies in the world hundreds of thousands of pounds of taxpayers' money."

And how many green initiatives will be cut by the Tories when they come to power? Leaders of big business must be dropping to their knees and praying to the Almighty for a Tory victory. For the rest of us, Johnson's regime in London has shown has just how far they are prepared to go to protect the giants of capitalism. And you thought Labour were a bunch of right-wing economic extremists, Cameron's mob just might have the edge on them and that's no mean feat.

Bush to Cement His Environmental Legacy

From al-Jazeera:

George Bush, the US president, has called on the US congress to end its ban on offshore oil drilling and open up the Arctic National Wildlife Refuge in Alaska to oil exploration.

Bush said congressional restrictions in place since 1981 had become "outdated and counterproductive" after global oil prices rose to their highest ever levels.

"Congress must face a hard reality. Unless members are willing to accept gas prices at today's painful levels or even higher, our nation must produce more oil, and we must start now," Bush said.

Bush, speaking at the White House on Wednesday, also called for an end to the ban on oil shale drilling and for the US to build more oil refineries.

Global crude oil prices have risen to nearly 140 dollars a barrel, and US petrol prices now average more than four dollars a gallon, a rise of one dollar from a year ago.

Under the 1981 federal ban, states are prohibited from allowing offshore oil and gas drilling and exploration, protecting almost the entire Atlantic and Pacific coastlines and sections of
the Gulf of Mexico.

Al Jazeera's Rosiland Jordan said environmentalists were likely to be outraged by Bush's proposal.

Perhaps we ought to focus on cutting our dependency on oil full stop, or is that a little too radical?

Pentagon Watching Chevron's Back?

After four visits from Chevron in the past ten days, now MOA is 'privileged' to receive a visit from the Pentagon. Could they be looking out for Chevron in the light of the recent appointment of one William Haynes?



I guess it helps to have friends in high places.

William Haynes Chevron

(Apologies for the poor grammar in the headline, there is a reason.)

Well, someone at Chevron certainly is keeping their eye on blogs posting about Ecuador, Chevron and William Haynes. In the past week, I have had no less than four visits from someone holed up at Chevron HQ (lucky old me). Generally speaking, they appear to use the search term that I have used as the title of this post, which then leads them to this lovely little post I wrote on the connection between William Haynes and the 'war on terror'. One wonders how many other visits they will pay to this blog in the near future.

In honour of my new found friends at Chevron, I would like to dedicate the following short animation to their tireless work in Ecuador. You deserve it chaps, no really.

Chevron in Ecuador

Two clips regarding the case against Chevron's activities in Ecuador. The first is an interview with President Correa of Ecuador conducted by Greg Palast. The second, a spin on a recent Chevron campaign.

Chevron in Ecuador

Given Chevron's existing links to the White House (Condoleeza Rice sat on the board of Chevron for many years), it is perhaps unsurprising that another name connected to the White House has joined the company. However, given the recent revelations about the extent to which those at the seat of power had authorised torture techniques, it is quite surprising to learn who this man is, a certain William Haynes II.

Haynes was general counsel to the Pentagon from 2001 until February this year. As general counsel, Haynes was heavily involved in crafting legal policies that led to the horrific abuses at Abu Ghraib and Guantanamo Bay. So involved was Haynes, that he is currently under investigation by the Senate for his role at the Pentagon during this period. Perhaps his most important contribution to the Bush terror regime, was a memo relating to a further memo that claimed that torture conducted overseas is not covered by federal law. Consequently, Haynes and his boss, Donald Rumsfeld, used this memo to justify harsh interrogation techniques at Guantanamo. In short, Haynes was a crucial component of the Bush presidency who was particularly close to both Bush and Dick Cheney. In fact, he was such an ally to Bush, he even volunteered to make calls on Bush's behalf when Bush was up for election in 2000.

Haynes' role as chief corporate counsel could have serious repercussions for Chevron's ongoing battle in Ecuador relating to a charge of environmental damage. The damage is such that Richard Cabrera, a geologist appointed by the court, set a minimum of $7 billion in damages to remediate damage. He also added a maximum figure of $16 billion which would include penalties for "unjust enrichment." Of course, Chevron dismissed the findings out of hand and have attempted to have the report struck from the case claiming it is "flawed and patently partisan". Furthermore, there have been numerous accusations about Chevron's conduct during investigations, particularly regarding the efforts of Cabrera.

During the course of the investigations, Chevron has been accused of "engaging in a pattern of vicious,defamatory and unethical attacks" . These attacks include full page advertisements accusing Cabrera of being a criminal, stalking him whilst he was completing his fieldwork and filing a separate motion with another court to have him removed from the case. In fact, the harassment became so grave, that the trial judge 'ordered security agents to keep Chevron representatives away from Cabrera so he could complete his field work without interference or fear of intimidation'. Furthermore, although there is no proof that Chevron were responsible, Cabrera's office was broken into and a laptop containing files relating to the case went missing. Undoubtedly, there have been real concerted efforts to de-rail this case by Chevron. The efforts they have gone to underline quite how damaging this court case could be if they are ordered to pay damages to the people of Ecuador.

Chevron have already shown how far they prepared to push the boundaries of the law in Ecuador in order to protect their interests in the country. With the addition of Haynes to the team, there is no doubt that Chevron seem set to explore new methods to achieve their aims. If Chevron are willing to appoint a man who is partially responsible for gross human rights abuses in the name of national interest, one wonders just how far they are prepared to go in defending corporate interest. One can be sure that both Chevron, and Haynes, are preparing to take this battle to another level - a level that could have serious consequences for those seeking justice in Ecuador.


Further Information: ChevronToxico: Clean Up Ecuador Campaign

SEC Urged To Impose 'Substantial' Sanction on Chevron Over Possible $10 Million Liability

Taken from the PR Newswire:

SAN FRANCISCO, March 26 /PRNewswire/ -- The Securities and Exchange
Commission (SEC) has been urged to impose a "substantial" sanction on
Chevron for misrepresentations to shareholders over a potential $10 billion
liability resulting from a class-action environmental lawsuit in the
Ecuadorian Amazon.

In a letter to SEC Chairman Christopher Cox, environmental group Amazon
Watch said Chevron had told shareholders a "series of falsifications,
exaggerations, omissions, and misleading public statements" to downplay its
liability in a lawsuit brought by thousands of rainforest residents over
what experts say is the worst oil-related disaster on the planet. The full
text of the letter can be seen on http://www.chevrontoxico.org.

A court-appointed expert is preparing a damages assessment, which the
plaintiffs expect to be more than $10 billion.

"Chevron created an environmental catastrophe in Ecuador and as a
result thousands of vulnerable rainforest residents are suffering from
dangerous toxic pollution," said Luis Yanza, a representative of the 80
communities and five indigenous groups that brought the lawsuit.

Last month, Chevron conceded to the office of the U.S. Trade
Representative that it expects "a near-term unfavorable finding from the
Ecuadorian court and potentially enormous ... financial liability,"
according to a copy of the submission obtained by Amazon Watch. Chevron
also said it was the victim of an "unfair" trial, an assertion that the
plaintiffs dispute.

Yet Chevron for years has refused to mention this potential liability
in its public filings as required by securities law, the group said in the
letter. Chevron also placed information on its corporate website that
suggests it faces no risk in Ecuador, according to the organization.

"Chevron misleads its shareholders by claiming in public that it has no
liability in Ecuador, while in private it claims to face an enormous
liability," said Atossa Soltani, Amazon Watch executive director. "Which is
it? The SEC must ensure that Chevron tells the truth about its liabilities
in public as well as in private discussions."

Expected to conclude this year, the Ecuador lawsuit accuses Chevron of
digging close to 1,000 open-air waste pits in the rainforest and filling
them with toxic-laden oil sludge that has leeched into the soil and
groundwater. The company is also accused of dumping 18 billion gallons of
toxic wastewater into rainforest waterways from 1964 to 1990, the years it
operated a lucrative oil concession in Ecuador.

Chevron's sub-standard operational practices in Ecuador "threaten the
survival of rainforest indigenous groups and can be linked to hundreds of
deaths from cancer and other oil-related diseases," said the letter.

Total - We're The Good Guys.....Honest Guv' - Part II

They really are, aren't they?

PARIS (AP) — A Paris court convicted French oil giant Total SA on Wednesday over the 1999 sinking of an aging and rusting tanker in rough seas, which caused France's worst-ever oil spill.

The court found Total guilty of maritime pollution and fined it the maximum penalty of $560,000. It also ordered Total and three other defendants to pay total damages of $285 million — the first time in France that a criminal court has awarded damages for an oil spill.

The court acquitted Total on a separate charge of complicity in endangering people and property.

The Erika, carrying fuel oil owned by a unit of Total, split in two and sank in rough seas off western France on Dec. 12, 1999. Nearly six million gallons of oil leaked into the Atlantic, killing up to 75,000 birds and blackening beaches.

The verdict was a stinging blow for Total, France's biggest company by market value. The Paris court faulted the company for "carelessness."

"It's a decision that surely will be popular and praised a lot," said Total lawyer Daniel Soulez-Lariviere, who said he would urge the company to appeal. "On the other hand, we have to see if it is just."

Popular? Mmmm, you think?

Bennelong lonely lonely lonely lonely.......TIME!!

John Howard's electoral region is Bennelong. The Federal Opposition (Labor) are running a highly respected investigative journalist against him and there's a real chance that she'll bump him. Of course, we want to see both him and his party gone so hopefully we don't choke at the election this year - because it will be the last chance to send a clear message of 'get f#$%ED!!!!'. The ultra-talented Cyrius01 on YouTube, however, has managed to get in early with this Dedly Ledly burn which pretty much covers 11 years in Australia's social and moral collapse - in case you missed it (you lucky, lucky bastards!).

Very rock, very funny, very replayable loud for housemates and co-workers.



I love that under 'interests & hobbies' Cyrius says he's into "preventing Armageddon-believing Christians from creating self-fulfilling prophecies and ruining the planet."

The dude is definitely onto something.

First spotted at the always worthwhile Homepage Daily

Nuclear Waste Leak in Japan - A Timely Reminder

After the government's call for a renewed push towards nuclear power due to the environmental benefits re climate change, a timely reminder of the cost of such a programme:

A radioactive leak at Japan’s Kashiwazaki-Kariwa nuclear plant following an earthquake this month has contributed to negative sentiment, with fears that it could spark new public opposition to nuclear power. [Financial Times]

I just love that extract from the FT. Doesn't it just sum up the capitalist system? 'Negative sentiment'. Brilliant.

Now, of course, a direct hit on a nuclear facility by an earthquake is pretty unlikely in the UK. However, given that we are living in circumstances similar to World War II (if you believe the fruit-cake brigade), isn't it just a tiny bit risky having more targets nuclear power plants in operation?

Anyway, what of the leak itself? Well, it was a typical story of gross incompetence and lies. According to The Telegraph:

The world's biggest nuclear power station in Japan was shut indefinitely yesterday after its operator admitted a larger leak of nuclear waste in an earthquake than previously disclosed.

The mayor of Kashiwazaki ordered the seven-reactor Kashiwazaki-Kariwa station closed until its safety could be confirmed following Monday's 6.8-magnitude quake, in which low-level nuclear waste spilt into the sea.

Tokyo Electric Power, the operators, admitted that as many as 400 barrels of waste tipped over in the tremor, after previously stating a figure of 100, and that radioactivity levels from the waste were 50 per cent higher than originally stated.

The spillage was one of more than 50 faults experienced at the station - the world's biggest in terms of output capacity - following the quake. The firm said it was not designed to resist shaking caused by earthquakes of greater than magnitude 6.5.

Does anyone seriously believe that our government wouldn't try to cover this up? As for nuclear power being a positive step for climate change, it would appear the gains regarding CO2 emissions are slightly outweighed by the huge increase in radioactive wildlife. Not a great trade-off, is it? Yeah we get to save the planet, we'll just wipe out every living organism in the process. Well, apart from the rich who are, after all, genetically closer to cockroaches than any other creature on the face of the earth. Guess that's why they are not so bothered about it.