Daily Report

Second Circuit allows Ecuador court's $18 billion judgment against Chevron

The US Court of Appeals for the Second Circuit in Manhattan on Jan. 26 overturned an injunction won by Chevon Corporation to block enforcement of what the US oil company claims is a fraudulent, multibillion-dollar judgment in Ecuador for polluting the Amazon rainforest. In reversing the decision made by the US District Court for the Southern District of New York, the Second Circuit held that Chevron may not challenge the approximately $18 billion Ecuadoran judgment before enforcement of that judgment has actually been sought by the Ecuadoran plaintiffs. In its interpretation of the Uniform Foreign Money-Judgments Recognition Act, the court concluded that judgment-debtors like Chevron can challenge a foreign judgment's validity under the Act only defensively and in response to an attempted enforcement. The court found that an effort of enforcement by the Ecuadoran plaintiffs had not yet been undertaken anywhere, and might never be undertaken in New York. While both Chevron and the Ecuadorian plaintiffs have yet to comment on the decision, Chevron has long contended (press release, PDF) that it has never conducted oil operations in Ecuador and that the allegations of environmental and social harm in the Amazon are therefore false.

BP ordered to share partial liability with Transocean in oil spill claims

Judge Carl Barber of the US District Court for the Eastern District of Louisiana on Jan. 27 issued an order that British Petroleum (BP) will be held liable for a portion of the damages owed by Transocean stemming from the Deepwater Horizon oil spill. BP will be required to indemnify Transocean against any damages directly created by the pollution itself that are awarded through the litigation pending against it. BP will not be required to pay any punitive damages or civil fines as a result of these suits. The court did not rule on whether BP or Transocean would be held strictly liable, negligent or grossly negligent for the equipment failure and subsequent oil spill that created the pollution. Transocean is the company that owned the Deepwater Horizon oil rig that was contracted by BP, which subsequently caused the oil spill. This ruling is separate from a ruling issued by Barber in August, which permits punitive damages against BP, but that ruling pertained to claims brought against BP directly.

Obama shilling for drilling, backing fracking

President Obama in his State of the Union address Jan. 24 said: "We have a supply of natural gas that can last America nearly 100 years, and my administration will take every possible action to safely develop this energy." On Jan. 27, he effused before a crowd in Las Vegas: "We have a supply of natural gas that can last America nearly a hundred years, Developing it could power our cars, our homes and our factories in a cleaner and cheaper way. And experts believe it could support more than 600,000 jobs by the end of the decade... We, it turns out, are the Saudi Arabia of natural gas. We've got a lot of it.... We only have about 2% of the world's oil reserves. So we've got to have an all-out, all-in, all-of-the-above strategy that develops every source of American energy." While Obama did not explicitly invoke hydraulic fracturing, this amounts to an endorsement of the controversial practice. The Bureau of Land Management estimates 90% of natural gas drilling on public lands involves "fracking," in which a mixture of chemicals, sand and water is injected into shale formations to open fissures and allow gas to come to the surface. (Bloomberg, LAT, Gannett, Jan. 26)

Australia: Aboriginal protesters occupy Canberra

This Australia Day—Jan. 26, marking the 1788 establishment of the British colony of New South Wales, and derided by Aborigines as "Invasion Day"—saw the establishment of a "Tent Embassy" encampment outside the Old Parliament House (also known as the Museum of Democracy) in Canberra, with hundreds of indigenous protesters and their supporters converging from around the country. The encampment marks the 40th anniversary of the historic first Tent Embassy, established to protest the refusal of then-Prime Minister Billy McMahon to recognize Aboriginal land rights. The new campaign is being led by Michael Anderson, 60, the only survivor among the four Aboriginal leaders who launched the 1971 Tent Embassy. The new protesters vow to wage an international campaign against Australia's bid for a seat on the UN Security Council if the government of Prime Minister Julia Gillard (Labor) does not meet their demands for indigenous sovereignty.

Tibetan protests and deadly repression in Sichuan province

Although details and even the death toll are disputed by Chinese authorities and Tibetan exile and support groups, a wave of protest and repression has left several dead in the Tibetan ethnic areas of Sichuan province this week. Three Tibetans were reported killed and several injured when police opened fire on protesters as they gathered in Draggo county, Kardze (Chinese: Garze) prefecture (the Tibetan area of Kham), on Jan. 23, the first day of Chinese New Year. The violence followed the circulation of leaflets in the area saying that Tibetans should not celebrate the New Year because of the recent self-immolations, and declaring an intention by the leaflets' unnamed authors to set themselves on fire at the Tibetan New Year (Losar, Feb. 22). A clash was also reported that day in nearby Luhuo county, with officials confirming one dead after protesters stormed local shops and a bank, and attacked police vehicles. Two days later, another two were killed in an incident in neighboring Seda county. China's official Xinhua news agency quoted authorities as saying rioters attacked a police station with stones, knives and petrol bombs, with 14 police injured. Disturbances were also reported Jan. 24 in Pema (Baima) town, seat of Golog prefecture, with several Tibetans detained, including one monk. The town is reportedly under curfew, as security forces have been rushed in.

Syria: NATO intervention next?

With a growing number of defections in the Syrian army, the Free Syrian Army (FSA) is taking control of territory in places like Jabal al-Zawiyah in the northwestern province of Idlid, in Zabadani just 20 kilometers from Damascus, and in Douma, one of the biggest suburbs outside the tightly-controlled capital. On Jan. 25, Dr. Abd-al-Razzaq Jbeiro, secretary general of the Syrian Arab Red Crescent, was shot dead while traveling on the Halab-Damascus highway in a vehicle "clearly marked with the Red Crescent emblem," according to a statement by the International Committee of the Red Cross. Also that day, Rev. Basilious Nasser of the Greek Orthodox Church was killed in fighting in the city of Hama. Syria's state news agency blamed an "armed terrorist group" for the killing, while opposition activists said he was shot by a regime sniper. (AlJazeera, NYT, Jan. 25)

Azerbaijan drawn into Iranian spy-vesus-spy intrigues

Two citizens of Azerbaijan have been arrested in connection with an alleged Iranian-backed plot to kill two Jewish educators and the Israeli ambassador in Baku, the capital, local media reported this week. Three men reportedly were charged with weapons smuggling as part of a plot to kill a teacher and a rabbi at the newly opened Chabad Or Avner Jewish school in Baku, as well as the Israeli ambassador to Azerbaijan, Michael Lotem. Two of those charged are reported to be in custody; one is still at large. It is alleged that Iranian intelligence agencies promised to pay the three men $150,000 to carry out the murders. The National Security Ministry said the men were connected to an Iranian citizen who had links with Iran's intelligence services. Israel's Counter-Terrorism Bureau has issued a travel warning for Azerbaijan. The US embassy also issued a warning saying "the possibility remains for actions against US or other high-profile foreign interests in Azerbaijan."

Libya: protests escalate in Benghazi; Qaddafi-loyalists take Bani Walid?

The deputy head of Libya's National Transitional Council stepped down Jan. 22, a day after anti-government protesters stormed the ruling body's offices in the eastern city of Benghazi. The protesters denounced Ghoga's presence in the NTC, calling him and other former Qaddafi-loyalists “opportunists.” Ghoga was a belated defector to the Libyan rebels from Moammar Qaddafi's government. (VOA, Jan. 22) The following day, a flurry of media reports said that Qaddafi-loyalist fighters had taken the former Qaddafi stronghold of Bani Walid, raising the late dictator's green flag after a battle that left four dead. But on Jan. 24, Col. Salem al-Ouaer, identified as a tribal leader from Bani Walid, told AFP: "The situation is under control and calm is returning." (AFP, Jan. 24; The Guardian, Jan. 23)

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