Chevron
Canada rules for Ecuador villagers in Chevron case
The Supreme Court of Canada on Sept. 4 ruled in favor of Ecuadoran villagers seeking to enforce a multi-billion dollar judgment against the Chevron Corporation. In 2011, the 30,000 villagers secured the $17.2 billion judgment in an Ecuador court for environmental damage to rainforest in the Lago Agrio region. Damages were subsequently reduced by an appeals court to $9.5 billion. The new 7-0 ruling means that the Ecuadorans may pursue the judgment against Chevron in Canada through its subsidiary, Chevron Canada Ltd. Chevron has put up a vigorous legal battle to avoid the fine, arguing that, because the damage was perpetrated by Texaco between 1972 and 1990, before it was bought out by Chevron in 2001, and because Texaco signed an agreement with Ecuador to absolve it of responsibility after a $40 million cleanup effort, Chevron should not be required to pay out for its former competitor.
Mexico sells offshore oil blocs, but majors are shy
For the first time in nearly 80 years, Mexico opened its oil industry to foreign companies, offering 14 offshore exploration blocs in a July 15 auction. However, only two of the blocs were sold, falling short of expectations. ExxonMobil, Chevron and Total all passed on the first 14 shallow-water oil blocs in the Gulf of Mexico. A consortium of Mexico-based Sierra Oil & Gas, Texas-based Talos Energy and UK-based Premier Oil Plc won Bloc No. 2 after the first bloc didn't receive a bid, Mexico's National Hydrocarbons Commission and Energy Secretariat announced. Only nine companies took part in the auction, fewer than the 25 originally planned. A larger auction is planned for next month. The blocs are near the US-Mexico transboundary waters, and close to some of the most significant discoveries of the past 15 years on the US side. A new Hydrocarbon Law, allowing for production-sharing and profit-sharing, was instated in 2014. Over the past decade, Mexico has fallen from the world's fifth oil producer to tenth. (FuelFix, July 16; FuelFix, BBC News, July 15; WSJ, July 12)
Argentina: new energy law seeks foreign capital
Argentina's Chamber of Deputies voted 130-116, with one abstention, on Oct. 30 to pass a new version of a 1967 federal law governing the exploitation of oil and gas resources. The controversial new version had already been approved by the Senate; it will become law once it is signed and published in the Official Gazette by President Cristina Fernández de Kirchner. Under the revised law—which was pushed through the National Congress by the Front for Victory (FPV), President Fernández's center-left faction of the Peronist Justicialist Party (PJ)—concessions will be granted to private companies for 25 years for conventional oil drilling, for 30 years for offshore drilling and for 35 years for unconventional techniques like hydrofracking. The royalties the companies pay on oil and gas sales will be limited to 12% for the federal government and to just 3% for the oil-producing provinces, which technically control the resources. Private companies can also benefit from a provision letting them sell 20% of their production in international markets without paying export taxes if they invest $250 million over a three-year period.
BRICS nations plan new development bank
The BRICS group of five nations—Brazil, Russia, India, China and South Africa—held its sixth annual summit this year from July 14 to July 16 in Fortaleza in the northeastern Brazilian state of Ceará and in Brasilia, the Brazilian capital. The main business for the five nations' leaders was formalizing their agreement on a plan to create a development bank to serve as an alternative to lending institutions like the International Monetary Fund (IMF) and the World Bank, which are largely dominated by the US and its allies. Although the project will need approval from the countries' legislatures, the BRICS leaders indicated that the group's lending institution would be called the New Development Bank, would be based in Shanghai and would be headed for the first five years by a representative of India. The bank is to start off in 2016 with $50 billion in capital, $10 billion from each BRICS member. The BRICS nations will maintain control of the bank, but membership will be open to other countries; in contrast to the IMF and the World Bank, the New Development Bank will not impose budgetary conditions on loan recipients.
Latin America: protests target Monsanto, Chevron
Latin American activists joined thousands of environmentalists and farmers around the world in an international protest May 24 against genetically modified (GM) crops and Monsanto, the Missouri-based multinational that dominates the transgenic seed industry. This was the third March Against Monsanto since May 25 last year, and organizers expected the day of action to include protests in some 351 cities in 52 countries.
Chevron seeks $32 million in Ecuador case
Chevron Corporation on March 18 filed (PDF) for reimbursement of attorneys' fees against attorney Steven Donziger and others in the US District Court for the Southern District of New York. Chevron prevailed earlier this month in its lawsuit against Donziger for fraud and racketeering and demands compensation for over $32 million the company allegedly spent in attorneys' fees associated with the trial. The racketeering trial was brought by Chevron in retaliation for a 2011 lawsuit between the same parties in which Donziger prevailed. That lawsuit, brought by Donziger and litigated in Ecuador, found Chevron liable for 8.6 billion for polluting large areas of the Ecuadorian rain forest. Chevron subsequently brought and prevailed on charges that the Ecuadorian lawsuit was a "multinational criminal enterprise" intended to defraud and extort "one of the best-known companies in the world."
US judge blocks enforcement of Chevron judgment
A judge for the US District Court for the Southern District of New York on March 4 ruled (PDF) that US courts may not be used to collect $9.51 billion in fines and legal fees from an Ecuadoran court's judgment against Chevron. Judge Lewis Kaplan wrote in his near 500-page ruling that the punishment inflicted against Chevron was not justified, and that the Ecuadoran court's judgement "was obtained by corrupt means." Kaplan asserted that fraudulent evidence had been introduced in the case, and that lawyers arranged to write the opinion against Chevron themselves by coercing a judge. Hewitt Pate, Chevron vice president, stated regarding the judgment, "We are confident that any court that respects the rule of law will likewise find the Ecuadorian judgment to be illegitimate and unenforceable." Lawyers for Ecuadoreans reported that they will be filing an appeal, saying the decision "constitutes a mockery of the rule of law and will not serve to reduce the risk the oil company faces in the imminent collection of the sentence dictated against it by the Ecuadorean justice system."
Ecuador high court halves judgment against Chevron
Ecuador's National Court of Justice on Nov. 13 ordered the Chevron company to pay $9.51 billion in fines and legal fees. This was a significant reduction from the previous $18 billion judgment. The lawsuit, brought by the Amazon Defense Front, arises out of Chevron's drilling for oil in Ecuador* and the resulting pollution in the rainforest. The original judgment was handed down in 2011, but Chevron has been appealing since and has also removed its presence in Ecuador. Chevron won an arbitration to the Hague's Permanent Court of Arbitration (PCA) which stated Chevron was released from pollution liability a full four years before the lawsuit was filed. Chevron continues to allege fraud and corruption resulted in the judgment and has an ongoing lawsuit (PDF) against Ecuadoran plaintiffs and their lawyer for racketeering. However, other groups argue that Chevron's negligent practices caused immense damage from pollution and is simply attempting to avoid any judgment.
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