Fri, 2014-03-14 14:30Mike G
Mike G's picture

Chevron RICO Verdict Sets Dangerous Precedent For Activists

Last week, Chevron's RICO suit against the lawyers representing 30,000 Ecuadoreans impacted by the company's oil pollution in the Amazon came to its inevitable conclusion when the judge presiding over the case, Lewis Kaplan of the Southern District of New York, ruled in Chevron's favor.

Yes, that's RICO as in the Racketeer Influenced and Corrupt Organizations Act, the law written so that mob bosses could be prosecuted for running their criminal empires.

Faced with a $9.5 billion judgement in Ecuador's courts, Chevron came back to the US and counter-sued under RICO statutes, essentially saying the organized opposition to its attempts to evade responsibility in Ecuador amounted to a criminal conspiracy.

Let that sink in for a minute: The lawyers who were trying to help 30,000 Indigenous villagers, farmers, and other poor, rural Ecuadoreans demand accountability from a multinational corporation with a $221.3 billion market cap were charged with corruption by that very same multinational corporation, and a US judge went along with it.

What this means is that the Ecuadoreans are barred from seeking Chevron assets in the US to force the company to pay the $9.5 billion. Chevron has refused to comply with the Ecuador court's ruling, even though Chevron itself argued that Ecuador was the proper jurisdiction for the lawsuit over its 18 billion gallons of oil pollution in the Ecuadorean Amazon. Since the Ecuadoreans had no plans of pursuing Chevron on its own turf, this ruling doesn't have much practical impact on the matter.

What Kaplan's ruling does do, however, is set a terrifying precedent for any company looking to evade responsibility for the consequences of its business operations.

Fri, 2014-03-14 14:02Emma Gilchrist
Emma Gilchrist's picture

Columbia River Coal Pollution Lawsuit Against BNSF Railway Moves Forward As New Research Raises Air Quality Concerns On Seattle Rail Lines

A lawsuit against the BNSF Railway Company will proceed after the U.S. District Court for the Western District of Washington rejected the company’s motion to dismiss a Clean Water Act lawsuit filed by Columbia Riverkeeper, Sierra Club and six other groups.

The Riverkeepers say BNSF trains are spilling coal into the Columbia River while en route to the coal-fired power plant in Centralia, Wash., and Canadian ports for export. A video shows the organization’s executive director Brett VandenHeuvel finding piles of coal along the river and holding a flask of coal-polluted water.

Coal contains arsenic, mercury and lead, which pollute water and harm aquatic life. According to BNSF’s own calculations, coal trains can lose 500 pounds of coal from each car.

If plans to export more coal to Asia from Oregon, Washington and B.C. go ahead, up to 20 more coal trains a day would travel along the Columbia River, according to Columbia Riverkeeper.

The court’s ruling comes shortly after scientists at the University of Washington published a groundbreaking study on air quality impacts from train traffic in Washington State. The study was published in the international journal Atmospheric Pollution Research.

The scientists, who raised money for their research from the public, tracked particulate matter, linked to heart attack, stroke, respiratory problems and lung damage. They found living close to rail lines significantly increases one’s exposure to particulate matter.

Fri, 2014-03-14 13:29Justin Mikulka
Justin Mikulka's picture

Why Nothing Will Happen On Oil by Rail Safety

In the past month, there have been numerous public relations efforts suggesting that much is being done to improve oil by rail safety. Unfortunately, it seems these efforts will not involve much more than press releases and hollow promises, as regulators have made no meaningful changes to a broken and ineffective regulatory system.  

That approach, combined with the realities of the rail tank car industry, basically ensure that oil will be transported in the unsafe DOT-111 tank cars for many years to come, despite testimony at a recent congressional hearing from Robert Sumwalt of the National Transportation Safety Board (NTSB).

Sumwalt testified that, “multiple recent serious and fatal accidents reflect substantial shortcomings in tank car design that create an unacceptable public risk.”  

Unacceptable to the public, but apparently perfectly acceptable to the industry.

Thu, 2014-03-13 01:59Steve Horn
Steve Horn's picture

General James Jones Didn't Disclose Industry Ties Before Testimony at Keystone XL Hearing

The U.S. Senate Foreign Relations Committee held a hearing today (March 13) on the U.S. State Department's national interest determination for the northern half of the proposed TransCanada Keystone XL tar sands pipeline. 

Four witnesses will testify: Keystone XL proponent Karen Alderman Harbert, the president and CEO of the U.S. Chamber of Commerce's Institute for 21st Century Energy; retired NASA climatologist James Hansen, an adjunct professor at Columbia University's Earth Institute and Keystone XL opponent; and Sierra Club Executive Director Michael Brune, another critic of the Keystone XL

And then there's James Jones. He's set to testify on behalf of the pipeline, with his affiliation listed as President of Jones Group International. He won't be testifying at the request of the committee's Democrats, but rather its Republicans, even though he formerly served as national security advisor to President Barack Obama.

Described as offering “high level advisory and consulting services in the areas of international energy policy,” Jones Group — which doesn't list its clients — is far from Jones' only career gig.

A DeSmogBlog investigation has revealed Jones has several oil and gas industry ties that weren't disclosed to the Senate Foreign Relations Committee before the hearing.

Among other ties, BuzzFeed recently revealed Jones currently serves as a consultant for the American Petroleum Institute (API), which has spent over $22 million lobbying on behalf of Keystone XL since 2008. Environmental Resources Management, Inc. (ERM Group) — the contractor chosen by the State Department to conduct the environmental review for the pipeline — is an API member.

Friends of the Earth made a public call to Jones to reveal his client list ahead of his Senate testimony.

“Our representatives in Congress have a right to learn all of the pertinent facts about the Keystone XL pipeline unfiltered by corporate special interests,” reads the letter. “Disclosing all relevant payments from interests advocating for or against the pipeline will help our representatives decide how to balance the competing information they are sure to receive.”

Below are some of Jones' clients, revealed by a DeSmogBlog investigation.

Tue, 2014-03-11 21:20Ben Jervey
Ben Jervey's picture

Italian Judge: Coal Plant Caused Over 400 Deaths, Orders Shutdown

An Italian judge has ordered the shutdown of a coal-fired power plant that has been blamed for at least 442 deaths. Public prosecutors had argued that pollution from the plant in Italy’s Liguria region caused the premature deaths and between 1,700 - 2,000 cases of heart and lung disease.

On Tuesday, police followed the judge’s orders and shut down the two 330-Megawatt coal-fired units of the Vado Ligure plant. Francantonio Granero, the chief prosecutor in Savona, the government seat in Liguria, indicated in a February interview with United Press International that he was investigating the plant and its operators, Tirreno Power,  for “causing an environmental disaster and manslaughter.”

The judge, Fiorenza Giorgi, agreed with prosecutors that Tirreno Power hadn’t complied with emissions regulations, citing “negligent behavior” by the company and claiming that Tirreno’s emissions data was “unreliable.”

It is unclear whether Tirreno Power will be allowed to turn back on the coal-fired units if better emissions controls are implemented. The coal plants were built in 1971 and according to Savona prosecutors had emitted enough pollution to cause at least 442 premature deaths from 2000 to 2007. Investigators also found evidence that roughly 450 children were hospitalized with asthma and other respiratory ailments between 2005-2012, with the coal plant emissions to blame.

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