Chevron Admits In Trying To Destroy Lawsuit

Chevron Admits In Legal Papers That It Used Baki Repeatedly As Part of Its Lobbying Effort To Destroy Lawsuit Ivonne Baki, an Ecuadorian government official in charge of one of the world's most celebrated environmental initiatives, has had numerous contacts with Chevron's U.S.-based lawyers to assist the oil giant's illegal attempts to thwart a historic environmental case in Ecuador where Chevron was found liable for $18 billion in damages, according to Chevron's legal filings in a U.S. federal court case and sources within Ecuador's government. Baki is caught up in a burgeoning scandal in the South American nation following the publication of a blog this week in the Huffington Post on-line newspaper that accused her of promoting a "billion dollar bait-and switch" whereby Chevron would pay hundreds of millions of dollars to Baki's Yasuni project in exchange for an agreement that Ecuador's government would quash the legal case. The blog was written by Mitch Anderson, a campaigner with the U.S. environmental group Amazon Watch. Pablo Fajardo, the lead lawyer for the Ecuadorian plaintiffs who won the judgment, said separately that he had confirmed from high-level sources in Ecuador's government that Baki was floating an idea where Chevron would pay $1 billion -- half of it to the Yasuni project, and half of it to the government to help with an environmental clean-up -- in exchange for the government exercising its political influence to stop the case. There is no evidence anybody in Ecuador's government considered accepting the proposal, which would have violated the legal rights of tens of thousands of victims of Chevron's pollution and violated the country's Constitution, said Fajardo. "Chevron and Baki think Ecuadorian officials are still running a banana republic government willing to sacrifice the rights of their own citizens for a small bribe," said Fajardo. "Chevron just doesn't get that it cannot bribe government officials." The news that Chevron has been trying to use its longtime ally Baki to end-run its legal liability has created a media firestorm in Ecuador. Unflattering articles about Baki based on the Huffington Post blog have appeared, with Baki deepening her woes by falsely claiming she has no ties to Chevron. See here, here and here. In the meantime, Chevron has disclosed in a U.S. federal court proceeding that it has had extensive contact with Baki over the environmental case, contradicting Baki's public statements. See here. Chevron's response to various interrogatories in that action mentions Baki by name in describing four meetings to discuss the case -- three when Baki was a former government minister and one in 2008 with Correa cabinet minister Gustavo Larrea. Chevron also describes several meetings in 2010 with officials from Correa's government without mentioning the names of the individuals. There were also meetings in 2011 between Chevron's U.S.-based lawyers and Baki, and a Chevron representative in Venezuela and an Ecuadorian government official believed to be Baki, according to sources in Ecuador's government. Chevron either covered up those meetings or forgot to mention them in the U.S. court documents even though it was obligated to do, said Fajardo. Fajardo also confirmed via sources in Ecuador's government that Baki in recent weeks was floating a proposal from Chevron whereby the oil giant would pay $500 million under the guise of a "donation" to her Yasuni project, and a small additional amount to be used for environmental remediation. Chevron was working through Baki to convince Ecuador's government to quash the legal case in exchange for the money, according to Fajardo's sources. "Chevron used Baki to try to bribe Ecuador's government to violate the rule of law and kill off the historic legal case," said Karen Hinton, the U.S.-based spokesperson for the Ecuadorians. She said the team was still investigating the extent of Baki's role. "Information we have thus far suggests a series of bribes were offered by Chevron that were disguised as donations or clean-up monies, the totality of which would allow the company to escape its legal liability for pennies on the dollar," Hinton said. Even with her checkered history of helping Chevron and its predecessor company Texaco, Baki is now the head of Ecuador's Yasuni-ITT initiative because of her supposed array of international contacts that Ecuador wants to use to raise money for the environmental project. Baki served as Ecuador's ambassador to the United States in the late 1990s when she tried to help Chevron kill the legal case. She later served as Ecuador's representative to the Andean Parliament. The Yasuni project seeks to keep more than one billion barrels of crude permanently in the ground in a biodiverse area of Ecuador's Amazon rainforest in exchange for payments over ten years of $350 million annually from foreign nations and donors. Ecuador President Rafael Correa has set December 31 of this year as the deadline to obtain $100 million as a down payment or drilling rights in the area could be quickly auctioned on the international market, potentially threatening two non-contacted indigenous groups thought to be living in the isolated area. Baki has come up with virtually no money for the project, despite her public statements saying she was garnering support, said Fajardo. Environmental leaders in Ecuador blasted Chevron and Baki. "We are not about to give Chevron a get out of jail free card by donating to the Yasuni," said Esperanza Martinez, who heads up Ecuador's leading environmental organization Accion Ecologica, in an interview with the Huffington Post. "Not only would such a donation violate the rights of thousands of Ecuadorians who are victims of Chevron's misconduct, it would also violate the very spirit of the initiative. "In short, Ecuador is not interested in Chevron's blood money," she added. Kevin Koenig, a spokesman for Amazon Watch, also blasted Chevron for trying to engage in a "multi-billion dollar bait and switch." "It's illegal, and can't be allowed," he said, referring to Chevron's proposed "donation" to the Yasuni. "We are calling on Ms. Baki to disclose all meetings between herself and Chevron officials, and the terms and conditions of any offer from the company." The court in Ecuador found in February that Chevron deliberately discharged more than 16 billion gallons of toxic waste into Ecuador's Amazon when it operated an oil concession from 1964 to 1992, leading to a spike in health problems and decimating indigenous groups. Chevron's latest attempt to maneuver its way out of the case comes at a time when its legal position has weakened considerably. Not only did the company lose the Ecuador trial in February of this year, but it was sternly rebuked by a federal appeals court in the United States in September for trying to invalidate the Ecuadorian judgment in U.S. federal court. Chevron faces other potential legal jeopardy in the coming months. An Ecuadorian appellate court is preparing to rule on the underlying trial and the Second Circuit Court of Appeals in New York is expected to issue a decision about legal attacks Chevron has waged against the Ecuadorians in U.S. federal court. Baki has a long and checkered history in Ecuador -- particularly as it relates to the legal case against Chevron. In 1998, when she served as Ecuador's Ambassador to the United States under the rightist government of Jamil Mahuad, she signed an official letter to a U.S. federal judge in New York that had been requested by Chevron. Ecuador's President at the time rebuked Baki for failing to inform the country's Attorney General that she was writing the letter, which was quickly disavowed. When Baki served as Commerce Minister under the rightist government of Lucio Gutierrez, the rainforest residents staged a sit-in in her offices to demand that she stop undermining the legal case against Chevron. In 2008, Baki bragged to lawyers for the plaintiffs that she had arranged a private meeting for top-level Chevron officials and Gustavo Larrea, at the time an influential minister in Correa's cabinet. Baki also has been active in Chevron's lobbying efforts in the United States to cancel U.S. trade preferences for the country in retaliation for the lawsuit, which is taking place in Ecuador at Chevron's request. A cancelation of the preferences would cost Ecuador upwards of 300,000 jobs, according to Ecuador's government. "In my opinion Baki is a political mercenary of the highest order," said Luis Yanza, a community leader in the Amazon. "She is precisely the kind of unsavory character that Chevron feels comfortable dealing with as it engages in acts of trickery to avoid being held accountable by the law." Chevron has been accused of numerous acts of corruption in Ecuador during the trial, forcing the court to fine its lawyers and impose punitive damages on the company. Hinton said the acts of corruption include lying about the results of a fraudulent remediation in the 1990s to secure a government release; fabricating evidence during the trial to minimize evidence of contamination; using a hidden video recorder to try to entrap a judge who Chevron thought would rule against it; threatening judges with jail time if they failed to grant Chevron's motions to delay the trial; and permitting the lawyers for the plaintiffs to be victimized by death threats and mysterious robberies of their offices.

Melvin Wylie

Bordo Poniente Landfill Closing Helps "Green" Mexico City

A project to close one of the world's largest landfills, the 927-acre Bordo Poniente Landfill in Mexico City will stem the city's largest source of greenhouse gas (GHG) emissions, while creating renewable energy and local jobs. Developed in close collaboration with the Clinton Climate Initiative (CCI) Cities program and its partner the C40 Cities Climate Leadership Group (C40), the project represents a model for reducing GHG emissions through sustainable solid waste management than can be replicated around the world. "I applaud the decision of the Mexican authorities to close the Bordo Poniente Landfill and reduce the city's greenhouse gas emissions. I am glad the Clinton Climate Initiative was able to support the work necessary to make the closure possible," said President Clinton. "Through the Clinton Climate Initiative, we are helping Mexico City convert millions of tons of garbage to new energy, and reduce greenhouse gas emissions by 2 million tons annually. This project will help the local economy and fight climate change." Solid waste in landfills is the third largest source of anthropogenic methane emissions – 23 times more potent as a greenhouse gas agent than CO2. Capturing methane from the Bordo Poniente landfill could reduce GHG emissions from Mexico City by 25 million tons of CO2 equivalent over the next 25 years – more than one quarter of the city's total emissions. Globally, it represents one of the largest reductions of GHGs associated with solid waste management. It is estimated that capturing methane from the Bordo Poniente Landfill could generate over 250 GWh or enough power for an estimated 35,000 homes in Mexico City during the first years of operation. Further economic benefits will come from the creation of both short and long-term local jobs for contractors, service providers and qualified labor in the construction, operation and maintenance of the landfill gas capture system. "Cities are on the frontlines in dealing with the impacts of global climate change, and they are leading by example in reducing greenhouse gas emissions," said New York City Mayor Michael R. Bloomberg. "The Bordo Poniente project is a bold step that serves as a shining example of the impact C40 and the Clinton Climate Initiative can have in supporting cities' efforts to green their environments and their economies. Through actions such as this, we can implement solutions on a local level that will truly make a difference globally." The Bordo Poniente Landfill ceased receiving solid waste on December 19th, 2011. The same day, Mexico City Mayor Ebrard announced the international public tender for a developer to close the landfill in an environmentally-sound manner that optimizes the capture and utilization of methane gas to produce energy. The project will enable Mexico City to reach the GHG emission reduction goals established in its Climate Action Program and Green Plan. "Closing Mexico City's Bordo Poniente Landfill is one of the most important environmental actions for the entire country. If it can be done here, it can be replicated elsewhere even if the solution is a complex one. When there is a very high level of complexity, but a common objective and a successful outcome, we build confidence in our ability to take on other important objectives," said Mexico City Mayor Marcelo Ebrard. Revenues from energy sales and reducing GHGs, as well as financial resources from the Mexican federal government and private investors, will be used to develop this Project.

Melvin Wylie

The T-Solar Group Signs up $145m to Fund its Projects in Peru

• Total capex for the two power plants (44 MW) in Peru is over $165 m.

• Three Development Finance Institutions - OPIC (USA), FMO (Netherlands) and PROPARCO (France) - will be co-funding the projects alongside T-Solar.

• T-Solar has more than 230 MW under operation or construction in Spain, Italy, India and Peru.

The T-Solar Group ("T-Solar"), a major operator in the solar photovoltaic power generation market, is pleased to announce that it has signed three loan agreements for a total of $145m to finance two photovoltaic power plants with an aggregate capacity of 44 MW in Peru. The two plants will be the first large-scale solar photovoltaic energy projects in Latin America. 113,600 thin-film amorphous hydrogenated-silicon modules produced by T-Solar's Orense, Spain factory will be deployed over 206 hectares of land in the Arequipa region in southern Peru. Isolux Corsán, T-Solar's parent company, has been retained as EPC contractor and will carry out construction works. The two solar plants are expected to produce 80 GWh a year, enough electricity to supply 80,000 people.⁽¹⁾ Project construction will generate over 160 direct jobs amongst the local population. The plants are expected to be connected to the national grid by the second semester of 2012. The total capital expenditure for the two projects is over $165m. The Overseas Private Investment Corporation (OPIC), a US government agency promoting sustainable US investment abroad, will provide up to $131m in senior debt, partially guaranteed by Assured Guarantee, a US credit insurance company. The Netherlands' FMO and France's PROPARCO will lend up to $14.3m in mezzanine debt. T-Solar will fund the balance through equity. T-Solar was advised by Astris Finance, a US-based transaction advisory firm specialized in infrastructure and energy in emerging markets. Latin America is an important target market for T-Solar. Given the region's high level of solar irraditaion and in the context of an increasing focus on energy transition and renewable energy, T-Solar expects the continent's strongest economies to provide interesting oportunities in the photovoltaic sector in the next 5 years. ⁽¹⁾Source: International Energy Agency Estimate ABOUT T-SOLAR T-Solar is a major independent producer of photovoltaic solar energy world-wide. A subsidiary of the Isolux Corsan Group, it has 173 MWp installed capacity already online in 43 plants located in Spain (34), Italy (8) and India (1), plus a further 55 MW under construction in India and Peru. Its solar photovoltaic plants generate over 250 GWh a year. This is equivalent to the average electricity consumption of a town with 51,000 households. T-Solar earned revenues of €110.2m in 2010. The company's 2010 business plan had a total capex of €1.16 bn. Its factory in Orense (Galicia, Spain) produces the largest PV modules in the market (5.7m2) using amorphous hydrogenated silicon thin-film technology to reduce costs and boost performance ratios. The factory is fully automated and fitted out with leading-edge technology. It has an output capacity of 50 MW a year, equivalent to 700,000 m²of solar panels. For further information, visit the website: http://www.tsolar.com

Melvin Wylie

Saving the Atlantic Forest With Marc by Marc Jacobs Sunglasses

Marc by Marc Jacobs chic, vintage inspired eyewear, derived from a company well known for a commitment to charitable projects is supporting The Nature Conservancy, the leading conservation organization working around the world to protect ecologically important lands and waters, through a newly created "PLANT A SEED - GROW YOUR TREE AND SAVE THE FOREST" program. The program is aimed at promoting and supporting The Nature Conservancy's "PLANT A BILLION TREES" campaign, through an important awareness-raising activity for the preservation of our planet's natural resources. The campaign's mission is to protect and restore the Atlantic Forest in Brazil, one of the world's most endangered tropical forests. To date only 12% of its original area remains and only 7% is well conserved. At the centre of this worthwhile project are Marc by Marc Jacobs MMJ 261/s bio-based sunglasses, made from a material derived from castor-oil seeds. The chocolate coloured sunglasses, which feature leaf textured temples, are packaged in a chic case made from repurposed leather. In support of this project, Marc by Marc Jacobs will make a contribution to The Nature Conservancy to support the restoration of the Atlantic Forest. A dedicated website for the project http://www.plantaseedproject.com provides full details about the campaign as well as enables site visitors the opportunity to plant a virtual tree and make it grow. A Facebook application will allow visitors to invite their friends and involve them in the project: a tangible and lasting involvement in an important environmental cause. Marc by Marc Jacobs eyewear and sunglasses collections are manufactured and distributed by Safilo Group. The Nature Conservancy: The Nature Conservancy is a leading conservation organization working around the world to protect ecologically important lands and waters for nature and people. The Conservancy and its more than 1 million members have protected nearly 120 million acres worldwide. Visit The Nature Conservancy on the Web at http://www.nature.org. The "Plant a Billion Trees" project: The Nature Conservancy launched the Plant a Billion Trees campaign in April 2008 with a goal to restore and plant one billion trees in Brazil's Atlantic Forest. Once twice the size of Texas, the Atlantic Forest spanned across eastern Brazil, northern Argentina and eastern Paraguay. Yet today, more than 93 percent of the forest has been cleared to accommodate Brazil's rapid development and support the region's 130 million residents, 70 percent of Brazil's population. Although the remaining 7 percent is highly fragmented, these last stands of lush forest harbor one of the greatest repositories of biodiversity on Earth. http://www.plantabillion.org.

Melvin Wylie

President of South Sudan Commits to Global Transparency Standard

President Salva Kiir of South Sudan has announced that his Government will implement the EITI (Extractive Industry Transparency Initiative), the global standard for transparency of natural resource revenues. "This commitment to implement the EITI is in furtherance of my statement on September 21st that my government is committed to ensuring that South Sudan enters a new era of good governance, democracy, accountability and transparency," said President Kiir. Remarking on President Kiir's announcement, EITI Chair Clare Short said, "South Sudan is facing enormous challenges in the years ahead. By following the EITI standard, President Kiir's and his government have demonstrated its commitment to doing things transparently and holding themselves accountable to South Sudan's citizens. " Implementing the EITI standard ensures that all payments from oil and mining operations in South Sudan will be published in an annual EITI report for all South Sudanese citizens to see what they are receiving from their natural resources. The report can be used to recommend how South Sudan can better manage the revenues from its resources. The process will be overseen by a 'South Sudan EITI multi-stakeholder group' consisting of representatives from the government, extractives companies and civil society organisations.

Melvin Wylie

Ethical Oil? Alberta's Tar Sands

  Alberta's Tar Sands are a true embarrassment for the Canadians; not only is it a human rights crisis for the Indigenous communities living in Alberta and British Columbia, but an environmental disaster of epic proportions. Many pipelines transport this dirty oil all around North America, and our exports make us the United States' biggest provider of oil. In the last few years, a new extension to a current pipeline has been proposed to carry Tar Sands oil all the way to Texas, putting some of North America's most fragile ecosystems and waterways in serious peril. Bill McKibben and his team at 350.org helped spearhead a movement called Tar Sands Action (http://www.tarsandsaction.org), enlisting the help of people all over the US and Canada willing to express their dismay and anger about this possible new pipeline. As of November 6th, thousands of people have risked arrest, standing in front of the White House, as well as Canada's Parliament in Ottawa, to protest.

Melvin Wylie

The Secret Lives of Our Clothes

There's a price tag that's being hidden from us everyday. Not the one that tells us how much money to pay but the underlying costs of every outfit's life cycle. Uncover the lives that our clothes led before they got to the store and discover your voting power as a consumer towards a fairer, healthier and more sustainable planet. Thanks to GreenovateChina for this wonderful video.

Melvin Wylie