By Kevin Koenig
The Gambino crime family. The Chicago outfit. The Latin Kings. You've probably heard of these infamous crime families—a.k.a., the mob, the mafia. "Don" Corleone. Capiche?
But have you heard of Hugo Camacho? Or Javier Piaguaje? They're not exactly household names. Nor gangster names for that matter. And that's because one is a campesino farmer that makes about $200 a month growing cacao. The other is a leader of the Secoya indigenous people, and both are from the rainforests of Ecuador's Amazon. Their crime? Suing the second largest oil company for the worst oil-related environmental disaster on the planet. And winning.
But starting today in a lower Manhattan courthouse, they are being accused using the same criminal statute under which the big crime bosses of our time have been prosecuted: Racketeer Influenced and Corrupt Organizations Act (RICO). It's the latest in Chevron's scorched earth campaign to avoid paying a record environmental verdict against the company for massive contamination stemming from its operations in Ecuador's Amazon between 1964 and 1990.
The implications of Chevron's tactics are immense and should send shivers down the spine of anyone concerned about justice, human rights, the environment or corporate responsibility. The U.S. oil giant has taken "blame the victim" to a new extreme in its attempt to avoid the $19 billion guilty verdict handed down by an Ecuadorian court in February 2012. Upheld on appeal, the verdict was based on much of Chevron's own evidence, and in a forum of Chevron's choosing. Chevron has no assets in Ecuador, and has thumbed its nose at the verdict, adding insult to injury for communities who have sought a clean up, clean water and funds for health care for 18 years. The affected communities are now forced to pursue Chevron assets around the globe in order to get the justice they deserve.
Piaguaje, Camacho and some 30,000 others first brought their lawsuit in 1993 in New York, using the Alien Tort Claims Act, a little-known law from 1789 that originally provided a forum for victims of transnational pirates in the home country of the pillagers. The case was brought in the state of New York because there, in White Plains, Texaco Petroleum Company developed an oil production system for its operations in Ecuador intentionally designed to pollute. Texaco calculated that, by using out-of-date technology and deliberately violating industry standards, it could save a couple of dollars per barrel.
And pollute it did. Unlike a one-time spill such as the Exxon Valdez or BP Horizon spill in the Gulf of Mexico, Texaco's operations were systematically drilling and dumping 24/7 for almost three decades. Over those 28 years, it spilled some 18 billion gallons of toxic wastewater, and roughly 17 million gallons of crude. The region, once a pristine tropical rainforest and an idyllic home for five indigenous groups, became a wasteland of superfund-worthy waste pits, gas flares, hundreds of miles of oil-covered roads and zigzagging pipelines, and flow lines that dumped toxins directly into streams and rivers that local communities used to drink, bathe, fish and wash their clothes.
The company turned over operations in 1992 to state-run oil company Petroecuador. Given that the company's former concession—an area the size of Rhode Island—was an environmental free-fire zone and people were sick and dying, communities there filed suit. Texaco hoped to make it go away by conducting a sham "clean up", which was little more than pushing dirt on top of open waste pits.
Chevron bought Texaco in 2001, and assumed what was a known and growing liability. Chevron, as Texaco had for almost a decade, argued before New York courts that the case belonged in Ecuador, hoping to take advantage of its tremendous political sway over right-wing, business-friendly Ecuadorian governments. It submitted 12 affidavits attesting to the transparency and independence of Ecuador's judiciary.
In 2002, a judge remanded the case to Ecuador, and bound Chevron to abide by Ecuadorian jurisdiction and any decision that came from Ecuadorian courts. However, after plaintiffs refilled in 2003, Chevron immediately claimed Ecuador had no jurisdiction over the company. It met with government officials on ten different occasions trying to pressure Ecuador to quash the case, which the government rightly resisted given it's a suit brought by private citizens.
After almost ten years of litigation and more than 100,000 soil and water samples, Chevron was found guilty and ordered to pay $19 billion in damages. But here's the catch: Chevron knew from the get-go that it had an escape route. When the Second Circuit Court of Appeals for New York remanded the case to Ecuador, a caveat of Chevron's compliance with any judgment was if any type of fraud occurred. And that is what Chevron is conveniently now claiming. And fraud did occur alright, and many of Chevron employees should be in jail for engaging in it.
During the trial in Ecuador, Chevron:
- Orchestrated a deceptive "sting" operation involving a former Chevron employee and a convicted felon who attempted to bribe the sitting judge.
- When the scandal unraveled, Chevron helped move the former employee to the U.S. and continues to pay his rent, legal counsel and a generous monthly salary, though he does no work for the company.
- Worked with the Ecuadorian military to fabricate a false military report which delayed crucial judicial inspections of contaminated sites.
- Selected soil and water samples from conveniently illogical places, such upstream from contamination sources.
- Used an "independent" laboratory operated by the wife of a Chevron employee to process its sampling evidence, where samples were swapped or destroyed.
- Offered a former judge in the case a literal "suitcase full of cash" and helped move him to the U.S., where Chevron provides him with payments of $144,000 per month—approximately 30 times the basic salary in Ecuador.
- Offered the judge who issued the verdict a $1 million bribe in exchange for a favorable verdict. He rejected the bribe.
More on Chevron's fraudulent actions can be found here. But, in an aberration of justice, much of this evidence, and all of the evidence of Chevron's contamination, won't be admissible in the RICO trial. In fact, there won't even be a jury. After forum shopping for several years, Chevron found an ally in Judge Lewis Kaplan, who had worked previously for a firm that represented Chevron. Kaplan actually invited Chevron to bring RICO charges. He has given the company everything it has asked for, except for a small handful of carefully orchestrated decisions denying minor Chevron motions in order to not be removed from the case for bias by the Court of Appeals. So Kaplan alone is judge and jury, and will surely give Chevron what it wants, as he has for the last three years in the run-up to the trial.
What's even more absurd is why a New York judge has taken it upon himself to decide whether an Ecuadorian court case was fairly adjudicated. A judge who speaks no Spanish and is unfamiliar with Ecuador's law or legal system—who has never even been to Ecuador—will be deciding this case completely on his own.
Chevron is on the lam, a fugitive from justice and doing whatever it can to avoid responsibility, including going after the very people whose lives it devastated, and anyone willing to support them. According to Chevron, people like Hugo and Javier are the criminals, while the company, tried and convicted, is the victim. But also included with Camacho and Piaguaje is Steven Donziger, a legal advisor to the plaintiffs. Achieving justice for the Ecuadorians has been his life's crusade, and he has worked with them for over twenty years.
But Chevron, armed with more than 60 legal firms, some 2,000 legal professionals, top PR companies, the shadowy "investigative and risk" management firm Kroll and endless resources, has tried to outlast and vanquish the Ecuadorians and their advocates like Donziger. Unable to put a pair of cement shoes on him and drop in the Hudson, Chevron has ironically gone after Donziger and the Ecuadorians with a statute that is better applied to the company itself. Is there a business more fitting of RICO charges than the oil industry?
The RICO case that begins today is a new low for the legal establishment. It goes down in the books alongside the Twinkie defense, among other ludicrous ways in which companies get off the hook for clearly punishable crimes and other travesties of justice. But at the end of the day, the trial is a sideshow, an attempt by the company to keep its investors from jumping ship.
The communities are actively pursuing Chevron assets in Argentina, Brazil and Canada, all countries where Chevron hopes to develop and secure new access to reserves that are its economic life blood. And a RICO verdict from a court with no jurisdiction over the Ecuadorian verdict or people will weigh little for most of the world. And that's bad news for Chevron, and good news for Hugo, Javier, and the other thousands of people who are waiting for justice to be served.
EcoWatch Daily Newsletter
A herdsman in the Chinese autonomous region of Inner Mongolia was diagnosed with the bubonic plague Sunday, The New York Times reported.
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By Matt Kasson, Brian Lovett and Carolee Bull
Home gardening is having a boom year across the U.S. Whether they're growing their own food in response to pandemic shortages or just looking for a diversion, numerous aspiring gardeners have constructed their first raised beds, and seeds are flying off suppliers' shelves. Now that gardens are largely planted, much of the work for the next several months revolves around keeping them healthy.
Start With Prevention<p>Just as preventive steps like maintaining a balanced diet help keep humans healthy, home growers can take many actions to help their gardens thrive.</p><p>One key step is assessing soil fertility – the ability of soil to sustain plant growth – which can vary widely depending on your location and soil type. Low soil fertility limits food production and predisposes plants to disease and pests. University extension <a href="https://soiltesting.wvu.edu/" target="_blank">soil testing labs</a> can help evaluate the quality of garden soil and identify nutrient deficiencies and acidic soils, often at no charge.</p>
Using weed barrier landscape cloth for planting rows and mulching between rows is an effective way to suppress weeds. Matt Kasson, CC BY-ND
Diagnosing Problems<p>Common plant pathogens include <a href="https://www.apsnet.org/edcenter/disandpath/viral/introduction/Pages/PlantViruses.aspx" target="_blank">viruses</a>, <a href="https://www.apsnet.org/edcenter/disandpath/prokaryote/intro/Pages/Bacteria.aspx" target="_blank">bacteria</a>, <a href="https://www.apsnet.org/edcenter/disandpath/nematode/intro/Pages/IntroNematodes.aspx" target="_blank">nematodes</a>, <a href="https://www.apsnet.org/edcenter/disandpath/oomycete/introduction/Pages/IntroOomycetes.aspx#:%7E:text=The%20oomycetes%2C%20also%20known%20as,foliar%20blights%20and%20downy%20mildews." target="_blank">oomycetes</a> and <a href="https://www.apsnet.org/edcenter/disandpath/fungalasco/intro/Pages/IntroFungi.aspx" target="_blank">fungi</a>. All of these microorganisms, especially at an early stage of infection, are too small to see. But when they proliferate, they cause changes in plants that we can recognize.</p><p>Unlike insects, which move around on six legs or on wings through the air, pathogens can move unseen and unchecked from leaf to leaf on the wind, through the soil or in droplets of water. Some microbes have even formed intimate relationships with insects and use them as vehicles to move from plant to plant, which makes these pathogens even more challenging to manage. Unfortunately, by the time some pathogens make their presence known, the damage is already done.</p><p>We recently conducted a <a href="https://twitter.com/kasson_wvu/status/1265989041725624323" target="_blank">Twitter poll</a> of gardeners nationwide to find out which culprits plagued their gardens. People named <a href="https://ento.psu.edu/extension/factsheets/aphids" target="_blank">aphids</a>, <a href="https://ento.psu.edu/extension/factsheets/squash-vine-borer" target="_blank">squash vine borers</a>, <a href="https://ento.psu.edu/extension/factsheets/squash-bug" target="_blank">squash bugs</a> and <a href="https://ento.psu.edu/extension/factsheets/flea-beetle" target="_blank">flea beetles</a> as the most problematic insect pests. Their most troublesome pathogens included <a href="https://extension.wvu.edu/lawn-gardening-pests/plant-disease/fruit-vegetable-diseases/powdery-mildew" target="_blank">powdery mildew</a>, <a href="https://plantpath.ifas.ufl.edu/rsol/Trainingmodules/BWTomato_Module.html" target="_blank">tomato bacterial wilt</a> and <a href="https://extension.wvu.edu/lawn-gardening-pests/plant-disease/fruit-vegetable-diseases/downy-mildew" target="_blank">cucurbit downy mildew</a>.</p><p>To manage such perennial challenges, the first step is to spend time closely looking at your plants. Do you notice any insects consistently hanging around, or molds colonizing leaves or other plant parts? How about symptoms such as blight, stunting, or leaves that are yellowing, browning or wilting?</p>
This white fungal growth is an early sign of powdery mildew on a leaf of susceptible summer squash. Matt Kasson, CC BY-ND
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By Emma Charlton
The effects of climate change may more far-reaching than you think.
Hotter temperatures have been linked to a rise in energy poverty, with more people struggling to meet their energy bills from their household income, according to a new study published on ScienceDirect by researchers from Italy's Ca' Foscari University.
Value of air conditioning imports in selected OECD countries. ScienceDirect
The ‘Golden Thread’<p>The <a href="https://www.endenergypoverty.org/reports" target="_blank">Global Commission to End Energy Poverty</a> calls access to energy the "golden thread" that weaves together economic growth, human development, and environmental sustainability. And one of the <a href="https://www.weforum.org/agenda/archive/sdg-07-affordable-and-clean-energy" target="_blank">United Nations' Sustainable Development Goals</a> is to ensure access to affordable, reliable, sustainable and modern energy for all by 2030.</p><p>Sustainability also has a large role to play in the future of energy and failing to embed green policies in COVID-19 stimulus packages and underinvesting in green infrastructure are current risks, according to the <a href="http://www3.weforum.org/docs/WEF_COVID_19_Risks_Outlook_Special_Edition_Pages.pdf" target="_blank">World Economic Forum</a>.</p><p>In its vision for a 'Great Reset' – building a better world after the pandemic – the Forum and the IMF jointly backed the <a href="https://www.weforum.org/agenda/2020/06/end-fossil-fuel-subsidies-economy-imf-georgieva-great-reset-climate/" target="_blank">transition to a green economy</a> and called for an end to fossil fuel subsidies.</p>
As if the surging cases of coronavirus weren't enough for Floridians to handle, now the state's Department of Health (DOH) has confirmed that a person in the Tampa area tested positive for a rare brain-eating amoeba, according to CBS News. The Florida DOH posted a warning to residents to remind them of the dangers of the rare single-celled amoeba that attacks brain tissue.
Scientists are urging the WHO to revisit their coronavirus guidance to focus more on airborne transmission and less on hand sanitizer and hygiene. John Lund / Photodisc / Getty Images
The World Health Organization (WHO) is holding the line on its stance that the respiratory droplets of the coronavirus fall quickly to the floor and are not infectious. Now, a group of 239 scientists is challenging that assertion, arguing that the virus is lingering in the air of indoor environments, infecting people nearby, as The New York Times reported.
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Along the northern shores of the Gulf of Mexico, oysters live in coastal estuaries where saltwater and freshwater meet and mix.
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Scores of people remained stranded in southern Japan on Sunday after heavy rain the day before caused deep flooding and mudslides that left at least 34 people confirmed or presumed dead.
Care Home Inundated<p>Altogether 16 residents at an elderly care home in Kuma Village are presumed dead after the facility was flooded by water and mud.</p><p>Fifty-one other residents have been rescued by boats and taken to hospitals for treatment, officials said.</p><p>Eighteen other people elsewhere have been confirmed dead, while more than a dozen others were still missing as of Sunday afternoon.</p><p>The Fire and Disaster Management Agency said many others were still waiting to be rescued from other inundated areas.</p><p>Hitoyoshi City was also badly affected by flooding, as rains in the prefecture exceeded 100 millimeters (4 inches) per hour at their height.</p>
More Rain Forecast<p>The disaster in the Kumamoto prefecture on Kyushu island is the worst natural catastrophe since Typhoon Hagibis in October last year, which cost the lives of 90 people.</p><p>Although residents in Kumamoto prefecture were advised to evacuate their homes following the downpours on Friday evening into Saturday, many people chose not to leave for fear of contracting the coronavirus.</p><p>Officials say, however, that measures are in place at shelters to prevent the transmission of the disease.</p><p>More rain is predicted in the region, and the Japan Meteorological Agency has warned of the danger of further mudslides.</p>
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