by
Ben Ayliffe
Good news comes in threes, they say. Unless, of course, you happen to
be Equinor, OMV or Teck Resources – three fossil fuel companies who’ve
all recently had very bad days at the office.
Why is this good news? Because what’s bad for an oil company tends to be good for the climate and for people around the world. 1.OMV fails to find oil in New Zealand
Last week, news broke that Austrian energy company OMV’s latest offshore well in New Zealand had come up dry , a massive – and welcome – blow for the very future of the
oil industry there. Back in 2018, New Zealand took the radical – or
sensible – step of banning all new offshore oil exploration permits. At the time this didn’t stop OMV from pressing
ahead with its plan to explore for new oil in licence blocks it already
owned in the stormy seas of the Great South Basin, and further north off the country’s west coast. After
Shell, Equinor and Chevron all abandoned their drilling permits, OMV is
the last major oil company left and it was betting on a major find.
Not one to take OMV’s threat lying down, Greenpeace and our friends
and allies in the climate movement mobilised for action, as iwi, hapū,
local councils, and hundreds of thousands of people stood to oppose deep
sea oil drilling. Indeed, OMV got some pretty strong messages from people determined to stop them – from climbers scaling skyscrapers to a museum of oil history and from dockside antics to protests back home. After all the protests, this one dry well has put a
wrecking ball through OMV’s hopes of drilling for more oil we can’t
afford to burn. 2. Canadian fossil fuel firm Teck backs off
On Monday, Teck Resources , a Canadian energy and mining firm, withdrew its application to build what could have been the
largest-ever tar sands mine. Scrapping the mine, which would have
produced 260,000 barrels of dirty tar sands oil every day, is a major
win for the climate and for Indigenous communities whose cultural,
hunting and other rights would have been threatened by the mine’s
environmental impact. The win comes as a result of a campaign led by Indigenous Land Defenders.
The ill-fated mine never made any economic or climate sense. As the company itself admitted , “global capital markets are changing rapidly and investors
and customers are increasingly looking for jurisdictions to have a
framework in place that reconciles resource development and climate
change, in order to produce the cleanest possible products.” 3. The Great Australian Bight sees the back of Norwegian drillers Equinor
Norwegian oil giant Equinor has pulled the plug on its plans to drill for oil in the fragile Great
Australian Bight, saying it was “no longer commercially competitive.”
The Bight is a marine treasure trove, home to more unique marine life
than the Great Barrier Reef and one of the most important whale
sanctuaries on Earth that would all have been threatened by plans to
drill nearly 2 billion barrels of oil from these waters. Chevron and BP both walked away from the Bight and after years of
relentless campaigning by coastal communities, Indigenous traditional
owners, NGOs, surfers, the seafood industry, tourism operators and other
local businesses, Equinor have gone too – keeping the equivalent of
over 800,000,000 tonnes of carbon locked up for good.
And whether it be with the Rainbow Warrior, working alongside aerial videographers and scientists, taking our message to the belly of the beast, exposing
industry secrets or meeting investors, Greenpeace activists
around the world did their bit too. Because oil and whales – and
sharks, seals and the global climate, for that matter – really don’t
mix.
So besides the obvious, what links these three oil industry sob stories?
Firstly, there’s people power: incredible stories of people and
communities determined to take on and hold to account some of the
biggest and most influential companies in the world. We’re in the middle
of a climate emergency and with our very future at stake, people will
take action when governments and businesses refuse to.
Then there is the bigger picture. These are all signs that the
industry is tipping into a spiral of decline. No longer confidently
striding out into new risky, remote and fragile waters, the big oil
players are entering a new chapter. We can tell they are spooked not
least because across the sector the PR greenwashing has gone into
overdrive. They are talking themselves up but totally failing to put
their money where their mouth is. Companies like these caused the
climate crisis but are showing no real signs of transitioning fast
enough.Trek, Equinor and OMV’s bad news are signals that change is
coming whether they like it or not – there will be no place for oil and
gas companies in the future if we want to avoid climate chaos.
They know it. And we know it.
by
Rex Weyler
In the fall of 2016, I travelled to Ecuador’s Amazon Basin, where I
met Indigenous communities and Campesino farmers whose land had been
polluted by toxic oil waste. They had won a landmark court judgement
against the Chevron Corporation, but the company refused to pay. I
visited the one, tiny clinic serving thousands of cancer patients, and
also met the victims’ American lawyer, who has spent the last 27 years
defending their rights.
You’ve probably never heard of Steven Donziger, but I believe history
will place Donziger – a man vilified by his corporate opponents –
alongside Gandhi, Susan B. Anthony, Martin Luther King, Vandana Shiva,
and other leaders of human rights and environmental resistance to
corporate malfeasance and arrogance.
At the time of writing, Donziger has been trapped in home detention
for six months. He has still not actually been convicted of any crime.
By all accounts, he appears to be a political prisoner of a private
corporation bolstered by a cooperative federal judge.
We live in an era of vast ecological decline and social disparity. Toxins poison all life on Earth, about half of Earth’s Pleistocene forests are gone, and thousands of species go extinct every year. Meanwhile, according to the UN, over nine million people starve to death annually, with over 800 million people suffering
from chronic malnourishment. In December, an eye-witness to violence
against Indigenous people in Brazil concluded, “There is no environmental justice without social justice.”
The link between ecological protection and human rights is evident in
Ecuador’s Amazon basin, where massive oil pollution has destroyed
forests and farms and left some of the world’s poorest people with birth
defects and a cancer epidemic. In 1993, Ecuador’s Frente de Defensa de la Amazonía (FDA), representing 30,000 victims of Chevron’s toxic oil
waste, asked Donziger to help them win compensation for what is likely
the largest oil-related human disaster in history.
Eight years ago, Donziger and the FDA legal team won the largest
court judgement in history for human rights and environmental
violations, a $9.5 billion verdict against the Chevron Corporation.
Following this verdict, Chevron sold their assets in Ecuador, fled the
country, threatened the plaintiffs with a “lifetime of litigation” if
they attempted to collect, and – according to internal Chevron memos – launched a retaliatory campaign to “demonize” Donziger.
From Chevron’s subsequent actions, it appears that they also intended to
impoverish him so that he could no longer work to collect the judgement
in other jurisdictions.
The public defender
After graduating from Harvard Law in 1991, Donziger became a Public
Defender, representing young people in Washington DC. In Iraq, during
the first Gulf War, Donziger helped document civilian casualties and
co-authored a report adopted by the United Nations. Since 1993, the
Ecuador pollution case has consumed his legal career.
The ecological and human rights tragedy began in 1964, when Texaco
(now Chevron), discovered oil in Ecuador. The oil company ignored
routine waste regulations, dumping some 16 billion gallons of toxic
wastewater into rivers and pits, polluting groundwater and farm land.
According to Amazon Watch , Chevron flouted environmental regulations to save an
estimated $3 on every barrel of oil produced, earning an extra $5
billion over 20 years.
In 1993, in a New York federal court, Donziger and the legal team
filed a class-action lawsuit against the company. In 2000, Chevron
bought Texaco, insisted that the case be moved to Ecuador, and filed 14
affidavits swearing to honour Ecuador’s judicial system as competent and
suitable to adjudge the case.
At the trial in Ecuador, 54 judicial site inspections confirmed that
Chevron caused oil contamination in violation of legal standards. The
reports showed that the average Chevron waste pit in Ecuador contained
200 times the contamination allowed by US and world standards.
Some 900 illegal waste pits leached into the water table, local
drinking water became noxious, and citizens became ill. The
contamination contained illegal levels of barium, cadmium, copper,
mercury, lead, and other metals that can damage the immune and
reproductive systems and cause cancer. Children were born with birth
defects.
In 2011, after eight years of trial and deliberations, hampered by
Chevron’s delaying tactics, Donziger and his team won the court case in
Ecuador. Two appeals courts and the nation’s Supreme Court, the Court of
Cessation, confirmed the decision. A total of 17 appellate judges ruled
unanimously that Chevron was responsible for the contamination and owed
Donziger’s clients $9.5 billion. Donziger expected his clients to
receive medical attention and land reparations.
However, Chevron defied the Ecuadorian courts, where they insisted
the trial be held. They refused to pay the debt, began defaming
Ecuadors’ courts, and initiated a retaliatory attack on the victims and
on Mr. Donziger.
“Demonize Donziger“
To attack Donziger, Chevron hired private detectives to shadow him,
his family, and supporters. They hired one of the world’s most notorious
law firms, the avowed “corporate rescue” specialists Gibson, Dunn and
Crutcher. The High Court of England censured Gibson Dunn for fabricating evidence in a previous case.
Judges in California, Montana, and New York have censured Gibson Dunn
for witness tampering, obstruction, intimidation, and “legal thuggery.”
In Ecuador, Gibson Dunn lawyers even threatened judges with jail if they ruled against Chevron.
To “demonize” Donziger, the Gibson Dunn lawyers filed a civil RICO
racketeering case against him and two Ecuadorian plaintiffs, Secoya
Indigenous leader Javier Piaguaje and farmer Hugo Camacho. Judge Lewis
Kaplan – widely viewed as being friendly to large corporations – agreed
to hear the unusual case, which would become one of the most notorious
intimidation lawsuits (SLAPP suits)
of all time. Prominent trial lawyer John Keker, who had represented
Donziger, called the Kaplan trial a “Dickensian farce” driven by
Kaplan’s “implacable hostility” toward Donziger.
Kaplan had spent 24 years at the firm of Paul, Weiss, Rifkind,
Wharton & Garrison, known for helping large banks such as Citigroup escape fraud charges . In a tax shelter fraud case against the giant corporate
accounting firm KPMG, Kaplan threw out cases against 13 indicted
executives, even though the company had admitted criminal wrongdoing and paid $456 million in penalties.
In the attack on Donziger, Kaplan authorized Gibson Dunn to subpoena
and depose dozens of people who had helped fund the case, harassing
innocent citizens as if contributing to pay court expenses was illegal.
When Kaplan waived normal media confidentiality, demanding that
filmmaker Joseph Berlinger turn over outtakes from his 2009 documentary,
Crude: The Real Price of Oil , a media coalition — including The New York Times, NBC, and HBO — filed a First Amendment objection with the court.
Kaplan, and Chevron’s Gibson Dunn lawyer, Randy Mastro, repeatedly
insulted the courts in Ecuador. Mastro called the Ecuador courts “a
sham.” Kaplan claimed the Ecuador trial “was not a bona fide
litigation,” and he insulted the 30,000 class-action victims, calling
them “so-called plaintiffs.”
By imposing an impossible deadline, Kaplan invoked a technicality to
claim that Donziger had “waived” all attorney-client privilege, and
insisted he turn over 17 years worth of confidential communications with
his clients. Defense attorneys called this “the most sweeping forced
production of privileged documents in history.” The corporate-friendly
judge barred the defense from even mentioning “pollution in Ecuador,”
which, he said, was “not relevant.”
On the eve of the RICO trial, Chevron dropped its financial damages
claim, allowing Kaplan to dismiss the jury of impartial fact-finders, so
he could decide the outcome himself. “Chevron,” said Donziger,
“apparently panicked at the notion of trying to sell its fraud claims to
anyone other than Kaplan.” Kaplan allowed anonymous witnesses from
Chevron, which defense attorneys said violated “basic legal principles”
and would “be right at home in the Spanish Inquisition.”
Finally, Kaplan accepted Chevron’s star witness, Alberto Guerra, a
disgraced former Ecuadorian judge, who had been removed from the bench
for accepting bribes, and who received some $2 million in cash and
benefits from Chevron, in violation of legal and ethical principles. In
exchange, Guerra claimed that Donziger had approved a “bribe” to an
Ecuadorian judge and had written the final court ruling for the judge,
which he allegedly gave to him on a computer drive. No corroborating
evidence was ever offered. Guerra later admitted lying to Chevron about these facts to extract a bigger reward for his testimony, and a forensic investigation of the Ecuadorian judge’s computer proved that he had lied.
By all appearances, the entire story had been fabricated to frame
Donziger.
Nevertheless, without a jury, Judge Kaplan accepted Guerra’s
contrived evidence and “convicted” Donziger of fraud. Finally, Kaplan
ordered Donziger to turn over his computer and cellphone for review by
Chevron. Since this order violated basic attorney-client
confidentiality, Donziger rightfully refused to obey Kaplan’s bizarre
order until the court of appeals could decide the issue.
Outraged, Kaplan charged Donziger with criminal contempt. However,
the order and the contempt charge were so outrageous that the New York
prosecutor’s office refused to take the case. Kaplan defied the state
legal authorities and appointed a private lawyer to act as prosecutor,
who in turn ordered that Donziger be placed under “pre-trial home
detention.”
Which is where he has been for the last six months, far longer than
the longest sentence ever imposed on a lawyer charged with contempt. His
lawyer believes he is the only person in the United States in pre-trial
detention on a misdemeanor charge.
The great injustice
“Mr. Donziger came to our aid at a time when our communities had been
poisoned, and we were up against one of the largest corporations in the
world,” said Luis Yanza, cofounder and president of the FDA . “Thanks to Mr. Donziger’s generous work, three layers of
Ecuador courts found Chevron guilty of deliberately dumping billions of
gallons of toxic oil waste into the Amazon rainforest. Chevron has
refused to pay the court-ordered compensation, and has instead set out
to, in their own words, “demonize Mr. Donziger.”
Donziger’s lawyer, Andrew Frisch, has stated that “Chevron’s case …
rested on the paid testimony of a witness who was paid over $1 million.
He admitted to changing his story multiple times to sweeten his deal
with Chevron.” Frisch stated that Judge Kaplan’s rulings, “have been
contradicted in whole or in part by seventeen appellate judges in
Ecuador and ten in Canada, including in unanimous decisions of the
highest courts in both countries.
“Mr. Donziger is a person of integrity,” attorney Deepak Gupta
testified at Mr. Donziger’s New York bar hearing. “Mr. Donziger is
indisputably an advocate dedicated to helping Indigenous Peoples and
local communities of the Amazon play equally on the same fields of civil
litigation … dominated by the Chevrons of the world. I have never seen a
judge whose disdain for one side of the case was this palpable. A great
injustice was being done.”
“I did not set out to be an environmental lawyer,” says Donziger. “I
simply agreed to seek a remedy for 30,000 victims for the destruction of
their lands and water; to seek care for the health impacts including
birth defects, leukemia, and other cancers; and to help them restore
their Amazon ecosystem and basic dignity. I expected Chevron to fight
back, and they had the opportunity to do so during the eight year trial
in Ecuador. I did not, however, expect the lengths they would go to to
attack me personally, attack my family, attack their victims, and defy a
legal judgement that they pay for their crimes, as proven in a court of
law.”
Those affected by Chevron’s pollution are modest, honourable,
self-reliant people. They had no money to hire lawyers. Donziger solved
that problem by getting donors and investors to buy small portions of
the judgment to pay case expenses. He recruited leading litigators in
Ecuador, the United States, and Canada. “This is the first time that
Indigenous Peoples and impoverished farmers had access to this level of
capital and legal talent, which is why Chevron is so terrified of the
model,” said Donziger. “Chevron not only wants to win the case, they
want to kill the very idea of the case.”
“This case is not just about the fate of Mr. Donziger,” says Simon
Taylor, director of Global Witness in London. “A lasting injustice to
him would chill the important work of other environmental and corporate
accountability advocates engaged in similar legal battles against
powerful corporations. This is of particular concern, given our work on
the escalating threats and escalating killings and judicial harassment
of environmental defenders.”
Because of the Kaplan decision, and lobbying by Kaplan and
Gibson-Dunn lawyers, the bar grievance committee in New York suspended
Mr. Donziger’s law license without a hearing. However, bar referee and
former federal prosecutor John Horan called for a hearing and
recommended the return of Mr. Donziger’s law license. “The extent of his
pursuit by Chevron is so extravagant, and at this point so unnecessary
and punitive,” Horan wrote. “My recommendation is that his interim
suspension should be ended, and that he should be allowed to resume the
practice of law.” Donziger responded that, “Any neutral judicial officer
who looks objectively at the record almost always finds against Chevron
and Kaplan,” said Donziger. “The tide is turning and the hard evidence
about the extreme injustice in Kaplan’s court will be exposed.”
In
spite of getting his law license back, Steven Donziger remains in home
detention, wearing an ankle bracelet. It now appears that the only fraud
in this case is that committed by Chevron’s retaliatory attack against
Mr. Donziger and his clients, and by Chevron’s paid witnesses, who gave
fabricated evidence. His work for the Indigenous and farmer communities
of Ecuador’s Amazon is work for all of us. His compassion and
perseverance provide an enduring model of citizen commitment to ecology,
justice, and common decency. Sources and Links:
Declining species: (1) Biomass Study, Bar-on, Phillips, Milo:
Proceedings of the US National Academy of Sciences, May 21, 2018;
Article #17-11842; PNAS ; and (2) The Extinction Crisis,” Center for Biological Diversity.
Global hunger: (1) “Global hunger continues to rise,” UN, World Health Organization ; and (2) “Global Hunger Facts,” Mercy Corps.
Impacts of Chevron oil pollution in Ecuador: (1) Indigenous communities affected: ChevronToxico ; (2) health impacts on Indigenous groups: independent health studies cited by the court. (3) Summary of evidence against Chevron found by Ecuador’s courts: evidence; (4) Environmental Impacts of Chevron in Ecuador: ; (5) Video, Chevron in Ecuador: video on the case. (6) A Rainforest Chernobyl: ChevronToxico;
Ecuador Supreme Court unanimous judgement vs. Chevron.
Frente de Defensa de la Amazonía (“Amazon Defense Coalition”), representing the 30,000 victims of Chevron’s oil pollution. FDA .
Gibson-Dunn law firm censures: (1) “Chevron Law Firm Gibson Dunn Blasted by High Court of England For Falsifying Evidence: Chevron Pit , March 25, 2015.” (2) Gibson Dunn firm frequently criticized and sanctioned by courts for crossing the ethical line. (3) Montana Supreme Court $9.9 million fine against Gibson-Dunn: Montana Supreme Court document, 05-378, 2007, MT 62. (4) “Gibson Dunn’s Ecuador narrative crumbling; the firm’s unethical tactics”: The Chevron Pit.
Chevron’s Gibson Dunn lawyers threatened Ecuador’s judges with jail .
“Amnesty International Demands Criminal Investigation of Chevron Over
Witness Bribery and Fraud in Ecuador Pollution Litigation;” referral of
Chevron and Gibson Dunn lawyers to US Department of Justice by Amnesty
International et al., allegations that Chevron and U.S. Judge Kaplan
used false testimony to attack the Ecuador judgment and human rights
defender Donziger; makechevroncleanup.com , July 2019.
“Chevron’s Threat to Open Society,” a 2014 letter signed by over 40 US environmental and civil rights
organizations (including Greenpeace, Amazon Watch, Rainforest Action
Network, Sierra Club, and Friends of the Earth) stating that Chevron’s
tactics “targeted nonprofit environmental and Indigenous rights groups …
designed to cripple their effectiveness and chill their speech.”
Shareholders rebuke Chevron, June 2017, Amazon Defense Coalition
How the US courts got it wrong: rebuttal, Chevron RICO case. Steven Donziger
Deepak Gupta brief appealing the Kaplan RICO judgment, with an excellent fact section that covers the case history: Gupta Wessler, pdf , July 2014.
Chevron’s bribery and fabrication of evidence in U.S. courts to evade Ecuador judgment
Alberto Guerra’s false testimony: (1) Chevron falsification of Guerra’s testimony: background and legal motion; (2) Chevron’s Star Witness Admits to Lying in the Amazon Pollution Case,” Eva Hershaw, Vice News, Oct 26 2015. (3) Forensic results on Ecuador judge’s computer: “Expert rebuttal Report of Christopher Racich, Issuu Documents, December, 16, 2013. (4) Adam Klasfeld, “Ecuadorean Judge Backflips on Explosive Testimony for Chevron,” Courthouse News Service, 2015. (5) Guerra admitted lying to Chevron about alleged bribes: US/Ecuador arbitration transcripts, pages: 630-31, and 744
Judge Lewis Kaplan bias and legal errors: (1) Mandamus Petition to recuse Judge Kaplan, Patton
; (2) Mandamus Petition to recuse Kaplan, 2013: ChevroninEcuador.org.
“Collateral Estoppel,” by Harvard Law Professor Charles Nesson, The Harvard Law Record , December 6, 2019: How the New York courts and bar have
attempted to silence Steven Donziger and hide the facts of Chevron’s
Ecuador pollution.
Letters from lawyers Andrew J. Frisch, Rita M. Glavin, Brian P.
Maloney, and Sareen K. Armani, in support of Steven Donziger, to Judge
Preska (appointed by Kaplan) in criminal contempt case seeking relief
from Donziger home detention, Andrew J. Frisch PLLC .
“Roger Waters Tells Chevron’s New CEO to Finally Clean up Ecuador,” video, Amazon Watch .
“Chevron’s SLAPP suit against Ecuadorians: corporate intimidation,” Rex Weyler, Greenpeace, 11 May 2018. The civil RICO case, rulings of Judge Kaplan, and tactics of Chevron, Randy Mastro, and the Gibson-Dunn law firm.
Violence against environmental and human rights activists, Brazilian Cerrado region of industrial soya farms, Greenpeace Report, December 13, 2019.
“Chevron’s Corrupt Legal Practices Called Out by Leading Human Rights and Environmental NGOs,” Paul Paz y Mino, Amazon Watch
Everyday, the air that most of us breathe is increasing our risk of
strokes, heart disease, lung cancer, asthma, and so much more. This is
because of air pollution that comes largely from burning fossil fuels,
which also drives the climate emergency.
Alongside the release of a new study which highlighted the global cost of air pollution from
burning fossil fuels and an estimated 4.5 million deaths each year
worldwide due to the same fossil fuels, people have been taking to the
streets across the world to demand #CleanAirNow. Together, we are
powerful.
See for yourself! Below are some images from the incredible #CleanAirNow moments that have taken place so far in 2020. Thailand: 23 January& 28 January
Romania: 31 January
Bulgaria: 7 February
Senegal : 11 February
Russia: 12-16 February
South Africa: 16 February& 22 February
India: 12 January & 16 February
Turkey: 16 February & 23 February
Cameroon: 24 February
Indonesia: 23 February
Kenya: 24-25 February
We’re calling on those responsible for the air pollution crisis to
act. To stop the sale of new petrol and diesel cars and to phase out
coal power stations.
Together, we’re going to end the air pollution crisis once and for all. Sign the petition
– Air pollution is a public health emergency with too many
of us breathing toxic air. We can fix this by coming together, demanding
action and holding polluters accountable. Kate Ford is a part of Communications at Greenpeace International.