Amazon Defense Coalition Says U.S. Law Firms Bill Chevron Exorbitant Fees To Prevent Clean-up of Ecuador Pollution Crisis

Oil Giant Concedes It Has Used Almost 500 Lawyers to Fight Rainforest Indigenous Groups While indigenous groups in Ecuador's Amazon face possible death and grave illness from Chevron's "Rainforest Chernobyl" disaster, several prominent U.S. law firms and their well-known partners are billing the oil giant hundreds of millions of dollars to forestall a clean-up that could save thousands of lives, according to court documents. Chevron's lead outside law firm in the U.S., Gibson Dunn & Crutcher, has 60 lawyers working extensively on the case, a recent court filing revealed. The filing also showed that Chevron has paid almost 500 attorneys and paralegals from 39 different law firms since the celebrated case was filed in U.S. federal court in 1993. The litigation was shifted to Ecuador at Chevron's request in 2002, with a subsequent eight-year trial resulting in an $18 billion judgment against the oil giant for causing what experts believe could be the world's worst oil-related contamination. See here, here and here. The Ecuador litigation represents the first time that indigenous groups have successfully sued a large oil company for harm caused to their health and ancestral lands, said Karen Hinton, the U.S. spokesperson for the Ecuadorians. Evidence from independent health evaluations concluded that more than 9,000 rainforest dwellers face the risk of contracting cancer absent a rapid cleanup of the damage. In all, Gibson Dunn was billing Chevron an estimated $250 million per year in 2010 and 2011 as the company launched lawsuits against the plaintiffs in 16 different federal courts, helped to litigate an international arbitration action against Ecuador's government, filed a fraud case against the Ecuadorians and their lawyers in U.S. federal court, and supervised Chevron's battery of local lawyers in Ecuador as they faced multiple setbacks that culminated in the adverse judgment against Chevron, said Hinton. "Chevron's environmental destruction in Ecuador is the best thing that ever happened to the bottom line of Gibson Dunn," said Hinton, who noted the firm reported a 20% increase in per-partner profits in 2010 during a downturn in the economy as dozens of its lawyers worked full-bore on the Ecuador matter. "Clearly, Gibson Dunn and several other firms are profiting from rainforest destruction," Hinton added. "These lawyers have proven that fighting to deny the human rights of indigenous groups can be a very profitable business model." Gibson Dunn clearly has sold Chevron on its willingness to engage in questionable tactics and push the ethical envelope, said Hinton. The firm boasts that it engages in "recuse operations" for clients in trouble and that if the law is in the way it is willing to maneuver around it to achieve client objectives. Several judges have sanctioned Gibson Dunn lawyers for trying to intimidate witnesses and for filing frivolous lawsuits on behalf of Chevron, and one well-known partner has been accused of trying to mislead the Congress about the case. In November, a federal judge in Oregon fined Chevron after a team of Gibson Dunn lawyers had harassed the executive director of a respected environmental organization that had filed a brief in support of the Ecuadorians. Gibson Dunn also uses cookie cutter lawsuits, Hinton said, where defenders of human rights victims and their supporters are always accused of "fraud" for trying to hold wrongdoers like Chevron accountable for their misconduct. "The basic Gibson Dunn template is to attack victims to distract from the evidence," said Hinton. "When that doesn't work, the firm resorts to outright intimidation to silence any lawyer or advocate who stands up to the firm." Gibson Dunn's approach also has created numerous problems for Chevron in Ecuador, the fifth-largest oil producing nation in South America. Chevron's legal team in Ecuador is said to be furious with the Gibson Dunn lawyers for losing the case because of their arrogant treatment of Ecuadorian judges, said Hinton. Chevron lawyers in Ecuador working closely on the case with Gibson Dunn's "rescue" team have been sanctioned repeatedly for filing frivolous motions (once filing a motion eighteen times in 30 minutes), threatening the presiding judge with jail time if he didn't rule in Chevron's favor, and paying a Chevron contractor to secretly videotape a judge to try to entrap him in a trumped-up bribe scandal. The Ecuador court imposed a large punitive damages award on Chevron in large part for its abuse of the judicial process in Ecuador, according to the judgment. In the meantime, the case has become a financial bonanza for several other large law firms who represent Chevron. The list of 39 law firms disclosed by the company in a U.S. court action also includes the prominent criminal defense firm of Arguedas, Cassman & Headley; Jones Day; King & Spalding; Akin, Gump, Strauss; Hauer & Feld; Holland & Knight; Jones Day; Steptoe & Johnson; and Williams & Connolly. The all-star cast of attorneys who have worked on some aspect of the case for Chevron include Theodore Olson of Gibson Dunn, a former Solicitor General of the United States; Brendan Sullivan of Williams & Connolly, who reportedly represented a Chevron executive who faced potential criminal liability in Ecuador; Greg Craig of Skadden Arps, President Clinton's impeachment lawyer who Chevron reportedly hired to explore settlement; Mickey Kantor of Mayer Brown, the former U.S. Trade Representative under Clinton who spearheaded a Chevron effort to cut trade preferences for Ecuador; David Boies, whose firm helps the oil giant fight discovery actions in the U.S. designed to expose its corruption in Ecuador; and Alan Vinegrad, a former U.S. Attorney who represented a Chevron lawyer indicted on criminal charges of fraud for lying to Ecuador's government about the results of a sham remediation. Chevron also has used six public relations firms to push talking points denying the company caused any environmental damage in Ecuador, even though the judgment is undergirded by extensive scientific evidence and the allegations have been confirmed by numerous independent news accounts. See here and here. After an eight-year trial, the Ecuador trial court in 2011 found the oil giant systematically discharged billions of gallons of toxic waste into the rainforest, decimating indigenous groups and causing an array of oil-related health problems. An Ecuador appellate court affirmed the judgment in early January, potentially opening up Chevron to standard collection actions against its assets in jurisdictions around the world unless its posts a bond in Ecuador. Chevron stripped its assets from Ecuador and has vowed never to pay for a cleanup, even though reports indicate it contacted the plaintiffs recently in an attempt to explore settlement possibilities. Ultimately, one must wonder how much Chevron shareholders are getting in return for these expensive legal services, she said. In the last three years -- since Gibson Dunn's "rescue" operation was launched -- Chevron was hit with the $18 billion judgment, the largest ever for an environmental case; the judgment was confirmed by a three-judge panel; multiple courts sanctioned the company for its unethical litigation tactics; and a U.S. appellate court in New York prevented Chevron from seeking a worldwide injunction to block enforcement of the judgment. For more information, see www.chevrontoxico.com and become a follower of The Chevron Pit.

Melvin Wylie

E-Cigarettes May be the Green Solution

Millions of cigarette butts end up as litter each year. E-cigarettes could be a solution to this problem.

Go Green! From re-usable shopping bags, to ride sharing and recycling you see and hear it every day. So why should your smoking habits be any different? Cigarette filters are the single most collected item each year in international beach cleanups. It is estimated that 1.69 billion pounds (845,000 tons) of butts wind up as litter worldwide per year according to The Center for Tobacco Control Research and Education at the University of California, San Francisco. E-Cigarettes could be a solution to this problem, according to research. With re-chargeable batteries and re-fillable cartridges E-Cigarettes would take a bite out of all the waste from tobacco butts and ashes. Also, there are thousands less chemicals being put into the air, which helps improve air quality. This is a big green plus for the e-cig compared to the regular tobacco based products. Also consider the amount of trees harvested every year to produce the paper used to wrap the tobacco. People are only recently beginning to realize just how green e-cigarettes are. At No. 7 E-Cigarettes being green is a priority for the company. President of No 7 E-Cigarettes, Kyle Newton states "We are here to provide customers with the best tobacco alternative in the world. Not only is being green a priority to the company, we also provide options excluding packaging so we can leave as small a footprint as possible." No 7 E-Cigarettes is one of the largest E-Cigarette companies in the world. They specialize in re-chargeable kits and refillable E-Cigarettes. Visit www.ECigarettesChoice.com for more information.

Melvin Wylie

Honda Civic Named to About.com's Best New Cars of 2012 List

American Honda Motor Co., Inc., announced today that the 2012 Honda Civic has been named as one of About.com Cars' Best New Cars of 2012. "Ranging from a gas-sipping hybrid to a kick-in-the-pants Si, the Civic lineup provides a variety of fun, fuel-efficient options to satisfy a wide range of customers," said Michael Accavitti, vice president of marketing operations, American Honda Motor Co., Inc. "We are thrilled to receive this award that recognizes the many advantages of the Civic." In describing the award-winning Civic, About.com's Aaron Gold called the 2012 Civic hands-down the most comprehensive compact car on the market. "You can get a sedan or a coupe; a high-fuel-efficiency version; a high-performance version; a leather-lined version; a hybrid version; even an alternative-fuel version that runs on clean natural gas," Gold said. "And whichever Civic you choose, you're virtually guaranteed years of trouble-free motoring." The award from About.com adds to the 2012 Honda Civic's growing list of accolades that include being named Green Car of the Year (Civic Natural Gas), capturing Best Resale Value for a Compact Car by Kelley Blue Book's kbb.com, and earning a 2011 IIHS Top Safety Pick. About.com is one of the largest providers of original content on the web, with over 60 million unique visitors per month in the United States. Connect with Honda: Honda Media Newsroom (for journalists): www.hondanews.com Honda (for consumers): www.automobiles.honda.com Honda on Facebook: www.facebook.com/honda Honda on YouTube: www.youtube.com/honda Honda on Flickr: www.flickr.com/hondanews Honda on Twitter: www.twitter.com/honda

Melvin Wylie

Beekeepers Are Critical to Economy

Beekeepers from across the country gathered at a national conference, with environmental organizations at their side, to draw attention to the growing plight facing their industry –the decline of honey bees – a problem that has far reaching implications for the U.S. economy. "Bees and other pollinators are the underpinnings of a successful agricultural economy," said Brett Adee, Co-Chair of the National Honey Bee Advisory Board and owner of Adee Honey Farms. "Without healthy, successful pollinators billions of dollars are at stake." Many family-owned beekeeping operations are migratory, with beekeepers traveling the country from state-to-state, during different months of the year to provide pollination services and harvest honey and wax. Bees in particular are responsible for pollinating many high-value crops, including pumpkins, cherries, cranberries, almonds, apples, watermelons, and blueberries. So any decline in bee populations, health and productivity can have especially large impacts on the agricultural economy. Honey bees are the most economically important pollinators in the world, according to a recent United Nations report on the global decline of pollinator populations. Commercial beekeepers shared first-hand accounts of the value of beekeeping, and of the dramatic impact of bee declines. Beekeepers estimate that one single bee kill from a pesticide exposure incident, representing 200 bee colonies, is responsible for an estimated $5 million of value to the agricultural economy. David Hackenberg, Co-Chair of the National Honey Bee Advisory Board and owner of Hackenberg Apiaries, estimates that his colonies alone generate $5 million in value over 6 months: $500,000 from California almonds in January, $800,000 from Georgia blueberries in March, $2 million from Pennsylvania apples and cherries in April, $500,000 from Maine blueberries in May, and $1 million from Pennsylvania pumpkins in June. "If you think about it, bees and other pollinators are Mother Nature's ultimate economic stimulus," said Hackenberg. "Economists quantify pollination as an 'ecosystem service' although these figures are often unaccounted for in the traditional measures like the GDP." In 2000, the last official study, the value of pollination was estimated at $14.6 million. Beekeepers suggest number that under-calculates the value of their services. They suggest the real value of their operations is $50 billion, based on retail value of food and crop grown from seed that relies upon bee pollination. Beekeepers have survived the economic recession only to find their operations are still threatened. Recent, catastrophic declines in honey bee populations, termed "Colony Collapse Disorder," have been linked to a wide variety of factors, including parasites, habitat loss and pesticides. "The threats facing pollinators should raise concerns, as sub-lethal impacts on bees are more serious than we had initially thought," said Dr. Jim Frazier, professor of Entomology at Penn State University. "Every time someone looks, they find something new." Beekeepers also noted they are partnering with environmental organizations, highlighting the threat of pesticides to the continued success of the profession and the agricultural economy. They raise special concerns with neonicotinoids, a class of systemic pesticides that is taken up a plant and expressed through the plants through which bees then forage and pollinate. Research released last week in the journal PLoS ONE underscores the threat of these pesticides through a previously undocumented exposure route – planter exhaust – the talc and air mix expelled into the environment as automated planters place neonicotinoid-treated seeds into the ground during spring planting. "Independent research links pollinator declines, especially honey bees, to a wide range of problems with industrial agriculture, especially pesticides," said Paul Towers, spokesperson for Pesticide Action Network. Threats to pollinators, especially commercial honey bees, concern the entire food system. With one in three bites of food reliant on pollination, beekeepers and environmental organizations alike call out the wide-scale problem. "Because EPA has not adequately regulated certain pesticides, the food system, including many of the foods we enjoy eating most, are at risk," said John Kepner, Project Director for Beyond Pesticides. "We can't afford not to take action to protect pollinators – for wallets and dinner tables alike."

Melvin Wylie

New York Leaders Call on Governor Cuomo to 'Energize Upstate Now'

Upstate New Yorkers Participate in Events From Albany and Across the State in Support of Development of New York's Natural Gas Resources ALBANY, N.Y. - A broad coalition of business, labor, landowner, nonprofit and political leaders today called on Governor Cuomo to 'Energize Upstate Now' at rallies in Albany and points west in support of development of the state's natural gas resources. Hundreds of concerned citizens left their farms and workplaces to participate in today's rallies in Albany, Binghamton, Candor, Corning and Oneonta. Many local and state officials and business and community leaders were among the participants at each of the 'Energize Upstate Now' rallies, being held just one day before the end of the public comment period on proposed regulations for gas drilling in the State. "Governor Cuomo and New York State leaders have the ability to create thousands of high paying jobs and billions of dollars in government revenue with the decision to move forward in developing the state's natural gas resources," said Greg Lancette, Political Director of the New York State Pipetrades Association. "The group is encouraged by and thankful for Governor Cuomo's leadership which makes private-sector job creation a priority. After years of careful review, it is time for New York State to make the most of this opportunity in a safe and responsible way." New York State's Department of Environmental Conservation (DEC) has estimated that more than 50,000 jobs could be created from the development of the state's portion of the Marcellus Shale. Much of this job creation would occur in areas of the state, which have suffered for decades from the decline of manufacturing and industry, and the out-migration of its young people. According to a recent study from the Public Policy Institute, a natural gas job could pay more than $79,184 annually, on average. The DEC has developed stringent regulations to make certain natural gas resources will be developed safely and responsibly. Industry leaders have demonstrated their commitment to help with this process by crafting industry standards such as construction practices, environmental and reclamation efforts, and water use and management procedures. New York State's DEC began a comprehensive review of the impact of proposed gas drilling in February 2009 and in September 2011 released the revised draft regulations governing all aspects of high volume hydraulic fracturing in. Over the past several months, the public has had an opportunity to comment on the proposed regulations at four public hearings held round the state. "It is time for New York to move forward with safe and responsible development of New York State's natural gas resources," said Tom Shepstone, Campaign Manager of Energy In Depth – Northeast Marcellus Initiative. "New York can do its part to move our nation to greater energy independence and help to get people working and our economy growing." Local business owners and landowners will join leaders from the American Petroleum Institute (API), America's Natural Gas Alliance (ANGA), Corning Gas, Dryden Safe Energy, Energy In Depth – Northeast Marcellus Initiative (EID), Independent Oil & Gas Association (IOGA), Farm Bureau, New York State Petroleum Council, Tioga County Economic Development, The Three Rivers Development Corporation, the New York State Pipetrades Association in participating at today's rallies.

Melvin Wylie

Taking Energy Independence Seriously

by Lawrence Kadish At year end, 2011, as Americans emptied their wallets at the gas pump and crude oil reached almost $100 a barrel, OPEC kingpin Saudi Arabia reported an $81.6 billion 2011 budget surplus. The White House action at the same time was to ask Congress to increase our debt ceiling by $1.2 trillion to $16.4 trillion to cover budget deficits. Nations decline and fall when their economies and monetary policies are incompetently managed. Unfortunately, it appears to be a lesson lost on too many of our leaders who have allowed the very stability of our nation to be imperiled by budget deficits and mounting debt. Our leaders have also failed on Energy Independence, allowing the cost and supply of the strategic commodity of oil to be controlled by foreign nations. The ominous linkage between cyclical recessions and our repeated failure to achieve energy independence and oil price stability has caused much hardship on our citizenry and severe damage to our economy. The historical evidence is clear. Whenever oil prices spiked as they did between 1972-1980, and then again between 2003-2008 and beyond, recessions in America followed. In 1972, crude oil prices were $3.60 a barrel. By 1980, the cost of that barrel was $37. This 1000% oil price increase contributed to a negative economic chain reaction. The CPI more than doubled during this period. Double digit Inflation ensued, causing the Federal Reserve to raise interest rates. This, in turn, sent the Prime Rate to over 20% by 1980. A recession followed. A fiscal tsunami Whenever the United States took serious notice of oil prices as an underlying cause of these problems, Congress would debate energy savings and energy independence. A concerned OPEC would then divert America's attention by opening their spigots, increasing production and causing oil prices to drop to under $20 a barrel and remain relatively low for a period of time. While the immediate crisis would be averted by these actions, Congress did little to protect our future. Consequently, by 2003, oil was up again to $30 a barrel and steadily increased to over $90 in January 2008 and spiked to over $140 in July 2008. As in the past, by 2008, the enormous increase in the cost of oil resulted in nationwide price increases and surcharges in substantially all industries. It was an assault, like a fiscal tsunami, that put too great a financial burden on the United States economy and its citizenry and set the stage for business failures, unemployment and a decline in real estate values. Rating agencies blessed mortgage investments based on a rising economy however, the chaotic oil spikes triggered the opposite effect. Thus, as in a violent storm, weak structures failed, especially the over-leveraged mortgages and the volatile mortgage-backed securities and related financial markets, which became illiquid. causing the American economy to experience the 2008 meltdown. A significant part of this ruinous economic condition involves enemies sworn to destroy the United States. Since 911 the United States has spent trillions of dollars on Homeland Security and our military to sustain the War on Terrorism. It is grimly ironic that simultaneously, trillions of dollars have left our economy to purchase oil mostly from OPEC nations that directly or indirectly support radical Islamic fundamentalists. This absurdity has resulted in a punishing double body blow to our economy. The resources but not the will It is now almost 40 years since our country was first adversely affected by its failure to become energy independent. The United States has the natural resources and the technology to produce clean energy. Over time however, we have lost our way time and again because we have been confronted with a deliberate policy by obstructionists seeking to prolong the debate over energy independence for the specific purpose of preventing a national consensus on energy policy. Are the obstructionists the sincere environmentalists or the professional anti-capitalist environmental radicals who would have us return to an agrarian society? Other suspect quiet assassins of American energy policy include: foreign interests influencing Washington, and those who own domestic oil production and seek to sustain high oil prices and unprecedented returns, and still others who sell their manufactured products to foreign oil suppliers and do not want to lose those lucrative markets. Those who aspire to be our future elected leaders should immediately present their strategy for energy independence -- one that marginalizes the obstructionists -- and commit to a plan of action. Defining our future and the current Presidential debate The voters are aware of the hazards of our present policies that will lead us into the role of a third world debtor nation. They want more than vague speeches. Who we are as a nation in the 21st Century will be determined by how we strengthen our economy by streamlining government operations, eliminating wasteful spending, and most importantly promoting economic growth that creates jobs. Energy Independence can be a major first step in this effort. It will help us achieve a balanced budget and genuine national security in a world of lethal threats and economic challenges. These are the issues that should and must define all nationwide election campaigns. Lawrence Kadish is an Advisory Board Member of the Stonegate Institute and a trustee of the Claremont and Hudson Institutes. This opinion essay was originally published by the Stonegate Institute http://www.stonegateinstitute.org/2726/energy-independence

Melvin Wylie

Liberty Tire Recycling, the premier provider of tire recycling services in North America, is partnering with the University of Tennessee's Center for Athletic Field Safety on a series of studies to test the potential benefits and role that crumb rubber plays in maintaining a natural grass athletic surface. The company is funding a series of studies over a two-year period to quantify the value proposition that crumb rubber infill offers as an enhancement to natural grass, and how it can potentially improve the quality of the surface and safety for the athletes using it. "Crumb rubber infill used on athletic surfaces provides a host of benefits. For the athlete, it offers a safer, higher-performing surface. It also lengthens play on the surface, particularly in high-traffic areas of the field," said Mike Wezel, vice president of sales and marketing for Liberty Tire Recycling. "The University of Tennessee's Center for Athletic Field Safety is a one-of-a-kind facility, and we are proud to work with the Center, under the direction of Dr. John Sorochan, to help demonstrate the cost savings, improved maintenance and overall performance crumb rubber offers." Initial studies conducted include a simulated foot traffic test to determine the optimal crumb rubber particle size and depth for optimizing field performance, a moisture and temperature test, and an assessment of how long the turf season can potentially be extended through the use of crumb rubber. The use of crumb rubber infill in natural grass surfaces has been proven to maximize shock absorption by creating a softer and safer playing surface for athletes. Less water is required to maintain the surface, allowing the grass plant to become more tolerant of stresses such as heat and high-trafficking. Synthetic turf also positively impacts the environment by conserving more than three billion gallons of water; eliminating the use of almost a billion pounds of pesticides and fertilizers; lowering consumption of energy, raw materials and solid waste generation; and keeping more than 140 million used tires out of landfills. Liberty Tire Recycling recently became the first and only company to achieve GREENGUARD Synthetic Turf Components Certification from the GREENGUARD Environmental Institute for indoor air quality for the company's synthetic turf infill product, which is an eco-friendly solution for athletic fields and other playing surfaces.

Melvin Wylie