Showing posts with label Texaco Amazon Watch. Show all posts
Showing posts with label Texaco Amazon Watch. Show all posts

Monday, November 12, 2012

Chevron’s Latest “Defense” In Ecuador Case: Hide Assets In Subsidiaries


After a dreadful series of legal setbacks, it sure didn’t take long for Chevron to come up with a new tricked-up defense to evade the $19 billion Ecuador environmental judgment.

Like Chevron’s many other failed defenses in the Ecuador case, this one won’t wash either.

Let’s review how we got here.

The company’s first line of defense in the 1990s was we didn’t really dump billions of gallons of toxic waste into the rainforest.  That lie was put to rest by multiple courts around the world based on overwhelming scientific evidence, as confirmed by numerous independent media outlets such as 60 Minutes.

Then, Chevron tried to claim that the devastated communities in Ecuador sued the wrong party.  According to Chevron, they should have sued Texaco, the company that operated in Ecuador.  That argument was rejected out of hand by appellate courts in Ecuador and the U.S.

Then the company blamed Petroecuador, Ecuador’s state-owned oil company and Texaco’s former partner in Ecuador.  But various courts rejected that defense after evidence surfaced that Chevron’s predecessor company was the exclusive operator of the oil concession in Ecuador.

When that defense failed, Chevron tried to claim Ecuador’s government released it from any clean-up obligations.  But courts found this so-called “release” did not cover the private claims of the rainforest communities, and in any event was a product of fraud.

Left with virtually no options, Chevron then tried to coax New York federal Judge Lewis A. Kaplan to enjoin the villagers from enforcing the Ecuador judgment anywhere in the world.  This unprecedented action caused an international furor, and a U.S. appellate court quickly reversed Kaplan.

When Chevron hired the respected litigator Ted Olson to appeal that setback to the U.S. Supreme Court, the company was rejected yet again.   By this point, nobody seemed to be able to put lipstick on Chevron’s pig.

So what’s left?

Well, now Chevron claims that its 73 revenue-producing subsidiaries around the world should be off-limits to the Ecuadorian villagers as they try to collect on the $19 billion judgment.

Consider the absurdity of Chevron’s latest gambit.  The company discloses in its annual report that almost all of its revenues are generated from subsidiaries around the world which are managed by the parent company from its global headquarters in California.

So according to Chevron, if you win a lawsuit against the parent company it simply won’t pay up.  Yet at the same time, its subsidiaries are off limits because their assets are not really owned by Chevron or connected to its activities in Ecuador.   Chevron already stripped almost all of its assets from Ecuador.

The order by the Argentine court last week to freeze Chevron assets in that country – a shareholder shocker if there ever was one -- was met with an apoplectic response at the company’s headquarters. “The plaintiffs' lawyers have no legal right to embargo subsidiary assets in Argentina," huffed spokesman James Craig.

Yes they do, James.  Hiding behind subsidiaries to avoid paying liabilities is now considered an antiquated notion in the legal world.  It rarely if ever works, particularly when the judgment is out of the country where you wanted the trial held and where you promised to pay up if you lost.

There’s another reason Chevron spokesman Craig is out of sorts.

Chevron discloses that about 80% of its annual revenue comes from subsidiaries outside of the U.S. Chevron’s subsidiaries in Canada and Argentina, two countries where the affected communities have filed seizure actions, produce an annual revenue stream of $2 billion to $3 billion for the parent company.   The rainforest communities can collect the full amount of their judgment in a few years just be diverting those funds to a clean-up.

The arithmetic Chevron-style works like this: when it comes to counting $240 billion in annual revenue collected from subsidiaries around the world, Chevron is as proud as a peacock.  Every penny counts.  But when it comes to paying out its environmental liabilities, there is nothing in the piggy bank.

We now get it. Under Chevron’s twisted logic, after fighting in court for almost two decades, the Ecuadorian who are suffering from cancer and birth defects now have no place to collect their winning judgment.  This is how a large oil company convinces itself that it is entitled to impunity for its human rights crimes.

It is well-documented that Chevron’s management team, led by CEO John Watson and General Counsel R. Hewitt Pate, is mired in conflicts of interest when it comes to Ecuador. Watson gave Pate a 75% raise last year – for a total compensation of $7.8 million -- after he lost the Ecuador case.  The company has admitted under oath that it faces “irreparable harm” from the Ecuador judgment but outside court it claims the risk is no big deal.

Any court in the civilized world that hears this case will not allow Chevron to manipulate the corporate form in this fashion.  The company is acting like a Deadbeat Dad fleeing a jurisdiction to avoid a child support payment.

The day of reckoning for Chevron management is fast approaching.


Become a follower of The Chevron Pit.
Also follow us on Twitter at @ChevronPit and like us on Facebook.
Visit and watch a video on ChevronToxico.com to find out more.




Friday, June 1, 2012

Chevron Fires Big Shot Lobbyist Wayne Berman After He Hires Young PR Environmentalist

Chevron may be huge, but it's full of people with small minds.

The gigantic public relations firm, Ogilvy, hired a young man who has been involved in environmental causes, and Chevron went ballistic, firing the firm and along with it, Wayne Berman, a powerful and influential lobbyist in Washington, DC. Berman is an Ogilvy partner and has worked for Chevron since 2004.

We hear Berman is not happy. Maybe more to follow?

We know all about Chevron's revenge tactics. If you mess with them, you pay a price.

See Bloomberg story below.

Chevron Fires Ogilvy As Lobbyist Over Ecuadorean Dispute

By Jim Snyder - May 31, 2012 8:00 PM ET

Chevron Corp. (CVX) fired Ogilvy Government Relations as its U.S. lobbyist after a person affiliated with the firm spoke to a group advocating for residents of the Ecuadorean rainforest in a multibillion legal fight with the oil company, a person familiar with the matter said.

On May 9, Felipe Benitez of Ogilvy’s public relations branch gave a presentation to San Francisco-based Amazon Watch on “strategic communications for environmental defense and protection on human rights,” according to that group’s website. Lloyd Avram, a spokesman for Chevron, which was Ogilvy’s third-largest lobbying client last year, said the company discovered a serious conflict recently. He declined to comment about the nature of the issue or the date Chevron ended its relationship with Ogilvy.

Another person, speaking on the condition of anonymity due to the sensitivity of the matter, said the conflict concerned Benitez and his talk to Amazon Watch, which advocates on behalf of indigenous tribes in the Amazon basin and has called damage from oil drilling in Ecuador “Chevron’s Chernobyl.”

“Chevron discovered a material conflict of interest with Ogilvy,” Avram said in an e-mailed statement. “It could not be resolved and made our relationship with them untenable. Under the terms of our agreement, we terminated the relationship.”


Ogilvy Revenue

Ogilvy received $600,000 from Chevron in 2011 to lobby on energy, environmental, tax and financial policies in the U.S., according to federal lobbying records, making the oil company its third-biggest client by revenues, according to the Center for Responsive Politics, which tracks political and lobbying spending.

Ogilvy, the sixth-largest U.S. lobbying firm by revenue, according to the center, had represented Chevron since at least 2004, public records show. Ogilvy’s various units are owned by WPP Plc (WPP), a communications company based in Dublin. Avram declined to comment on Chevron’s plans to replace Ogilvy.

While Chevron, based in San Ramon, California, doesn’t operate in Ecuador, it has become embroiled in a lengthy legal fight over the alleged disposal of toxic wastewater from drilling operations by Texaco Inc., which used to operate in the country and was acquired by Chevron in 2001.

Previous Work

Previously, Benitez worked for Fenton Communications, and had helped Ecuador improve its global image, according to his page on Linked In, a social networking website.

“Chevron informed Ogilvy & Mather of its decision to end its relationship with Ogilvy Government Relations because of a perceived conflict with Ogilvy PR,” Rachel Ufer, a spokeswoman for Ogilvy public relations, said in an e-mailed statement, referring to the parent company. “As this is primarily a personnel matter, we are unable to provide further detail.” Amazon Watch didn’t return a phone call seeking comment.

Chevron is fighting an $18 billion judgment from an Ecuadorean court finding the company was responsible for damage. The company argues that Texaco performed all the environmental remediation under the terms of its contract with Ecuador. It has accused the plaintiffs’ lawyers and Ecuadorean officials of fraud and misconduct in the case.

Ecuadoreans filed a lawsuit yesterday in the Superior Court in Ontario targeting Chevron assets in Canada as a way to begin collecting on the judgment, because the oil company has few assets in Ecuador.

In Washington, Chevron spent more than $9.5 million on lobbying last year and keeps a team of outside firms to lobby on a variety of issues.

More than 70 companies and trade groups paid Ogilvy Government Relations more than $20 million to lobby on their behalf in 2011, according to the Center for Responsive Politics, which is based in Washington.

Become a follower of The Chevron Pit.
Also follow us on Twitter at @ChevronPit and like us on Facebook.
Visit and watch a video on ChevronToxico.com to find out more.
Support Amazon Watch and Rainforest Action Network.