Zennie's Question For Senator Clinton and Larry King

I made this question because Senator Hillary Clinton's supposed to appear on the Larry King Show this evening and with no Barack Obama in sight. I am concerned that Larry will ask her softball questions, so I'm asking about her scheduled testimony as a witness in the upcoming Paul v. Clinton trial and if Larry can tell all of us that he is or is not a Clinton backer and if not, how does he explain the video going around that has him as attending one of her lunch events when she was running for the U.S. Senate seat vacated by the Late Pat Mohinhan?

Chevron Ecuador Scandal: Did Chevron Pollute Ecuador?

There's a massive scandal brewing regarding Chevron and Ecuador and involved a nasty oil spill that the government of Ecuador's blaming Chevron for, when it appears that their own state-run oil company (not that I have anything against something state-owned) seems to be at fault. The people leading this charge against Chevron are Ecuador's leftist leader, Rafael Correa, and Pablo Fajardo and Luis Yanza, one a lawyer, the other the leader of the Amazon Defense Front.

Here's the story:

Chevron: Ecuador Tests Flawed

REAL CULPRIT: Chevron says Ecuador's inefficient state oil company Petroecuador is to blame for any contamination in the Amazon.

Chevron denounces faulty "evidence" and "expert" bias in the $6 billion contamination case in Ecuador.
BY LATIN BUSINESS CHRONICLE STAFF

They want U.S. oil company Chevron (CVX) to pay for alleged damages in the Ecuador Amazon. But their tests are flawed and they have blocked eight attempts to inspect the laboratory they use for their tests. Welcome to the $6 billion case against Chevron in Ecuador, which the U.S. oil company says is increasingly becoming "a judicial farse".

More than 75 percent of the laboratory data presented by the group suing Chevron in Ecuador comes from the Havoc laboratory located in Quito. However, an independent test of soil and water samples by the laboratory shows results that are seriously flawed, Chevron says.

"This independent analysis verifies what we have suspected and what the plaintiffs are clearly trying to hide – the Havoc lab is incompetent and the reports they have prepared [on] behalf of the plaintiffs cannot be trusted," Ricardo Veiga Managing Counsel for Chevron Latin America, said in a statement last week.

Chevron has presented the results to the Superior Court of Nueva Loja. U.S.-based laboratory Wibby Environmental at Chevron’s request sent water and and soil samples spiked with specific, known amounts of hydrocarbons and metals to Havoc laboratories to determine if Havoc could get the correct results. "The Havoc laboratory’s analysis showed levels of barium, cadmium, copper & nickel that exceeded the concentrations in the samples they were sent," Chevron says in a statement. "Havoc’s analysis for polycyclic aromatic hydrocarbons, or “PAHs” (petroleum compounds) was incomplete. The lab's analysis of soil samples showed “unacceptable” results for barium, cadmium."

The source of the samples, and the sponsor of the analysis, was withheld from Havoc in order to ensure an unprejudiced result, the statement says.

HIDING SOMETHING?

Meanwhile, even local Ecuadorian authorities have been unable to inspect the Havoc laboratory. The eighth attempt by the 20th Civil Court of Pichincha since February 2006 was scheduled to occur three weeks ago, but was like the previous attempts - blocked by the attorneys for the group suing Chevron.

"Plaintiffs’ lawyers are afraid that if the truth were exposed about this lab, the Court and the world would see that their allegations against Chevron are made up of nothing but lies and fabrications," Veiga said. "We insist that the plaintiffs’ attorneys and the activist groups that have brought this baseless lawsuit be called to explain the deceit and the fraud they have perpetrated against the Court, their clients, and Ecuador."

The U.S. oil company calls the last-minute maneuvers to prevent a judge of the Civil Court of Pichincha from inspecting the laboratory "a shocking and deliberate attempt to obstruct justice."

The inspection was aimed at determining whether the Havoc lab was qualified and had the necessary equipment and technology to undertake the required analysis of water and soil samples from oil sites in the Oriente region. The Civil Court of Pichincha ordered the first inspection last year after Chevron had noted to the Superior Court of Lago Agrio that the laboratory was not properly accredited by the Ecuadorian Accreditation Organization (OAE) to perform the necessary analyses required in the environmental trial against Chevron.

CHRONICLE OF BLOCKED ATTEMPTS

On the first attempt - on February 17, 2006 - the Civil Judge of Pichincha, Dr. Germán González del Pozo, went to the Havoc laboratory himself on the day of the officially scheduled inspection only to find its doors locked and access to the laboratory's facilities denied. The same happened when he tried to inspect the lab the following month. Thereafter, the attorneys for the group suing Chevron presented him with motions to stop his next two attempted inspections in March and May.

In August last year, the judge requested both parties to appoint the experts for the next inspection. Havoc failed to appoint an expert, and, therefore, once again the judge was forced to cancel the inspection, Chevron points out. Then - in October - another inspection was scheduled, but a few days before, the lab's attorneys filed a recusal claim, which forced suspension of the inspection. The seventh attempt - scheduled for April 24 this year - was stopped when attorney's for Havoc and the group suing Chevron filed a legal motion to stop the court from carrying out the inspection.

Chevron is also denouncing that Richard Cabrera, the court-appointed engineer responsible for overseeing the ongoing expert determination in the suit - is using unsanctioned teams to conduct unsupervised and unapproved field research, in clear violation of court directives.

In a petition to the Superior Court of Nueva Loja, Chevron has detailed how Cabrera has deployed unidentified teams of researchers to search for evidence of environmental impacts outside the scope of his court-mandated obligations without first receiving the necessary judicial approvals. The teams began their work in advance of Cabrera even being appointed to and days before his official inspection began, Chevron says.

NULL AND VOID

The U.S. oil company has therefore asked the court to declare the evidence collected by the teams to be considered null and void. Chevron has previously denounced Cabrera's bias against the company (see Chevron: US Victory, Ecuador Doubts). However, its petitions urging the court to reconsider Cabrera's appointment have gone unanswered, as have its requests seeking that he be required to comply with court orders regarding how his work should be carried out.

Separately, several Ecuadorians have also sued Chevron in the United States alleging they got cancer as a result of Chevron-instigated contamination in the Oriente region of Ecuador's Amazon. Their case was thrown out last month by a U.S. federal court.

Last week an independent study released by Chevron showed that the consensus view of leading epidemiologists and tropical health experts is that there is no evidence to support the claim that the Oriente region is experiencing higher rates of cancer, or that cancer in the region is the result of exposure to oil field sites.

"There is no question that the people of the Oriente face a series of challenges regarding their personal and community health," Silvia Garrigo, a Chevron attorney, said in a statement. "However, these people are being deceived in the worst possible way by the lawyers and activists who have brought this lawsuit."

ECUADOR'S RESPONSIBILITY

The major health concerns in the Oriente region are not the result of oil operations, but the lack of water treatment infrastructure, the lack of sufficient sanitation infrastructure and inadequate access to medical care, Chevron says.

Texaco operated an oil field consortium with Petroecuador from 1964 to 1990, when the Ecuadorian company took over management of the oil field. Texaco continued with a minority stake in the consortium until 1992. In 1995, Texaco agreed with the Ecuadorian government to conduct a $40 million environmental remediation in the area of the former concession. Three years later, the government of Ecuador declared that the remediation was completed according to the terms and parameters agreed upon and released Texaco from any future liability.

In 1993 a group of Indians in the affected areas filed a lawsuit against Texaco in the United States, claiming the U.S. company had contaminated the area. That case was dismissed by the U.S. Court of Appeals of the Second Circuit in 2002, but another lawsuit was filed in Ecuador.

Chevron also says Petroecuador - widely considered one of the most inefficient state oil companies in Latin America - has to take the blame for any oil contamination. In the seven-year period from 2000 to 2006, Petroecuador was responsible for a total of 882 oil spills, Chevron points out.

CNN Ads "Upskirt" To Gerri Willis, Morning News; Real Short Skirt On

Remember how I've been writing that CNN would get higher ratings for its "day" programs if it had Campbell Brown wear short skirts and show legs as she did on NBC? Well, someone at CNN's reading my blog, because as of today, CNN has anchor Gerri Willis sitting in a high chair and sporting a real short skirt. Then CNN's producers make totally sure you see it. Day upskirt action for ratings.

What does this say about CNN? Well, it shows that CNN's as ratings aware as I believed, and have decided to turn away from the journalistic strategy it has known for decades and mix in sex. Gerri's blonde and looks for all the World like a Fox News star.

Also, CNN's pushing Senator Clinton -- which I think is unethical as they should tell viewers of their bias rather than show it -- and it seems trying to appeal to a "Whiter" audience, which I think is a total error. The problem is that Gerri sounds a little, well, less than smart which impacts credibility. That's not a good thing.

I'm not writing that she's not smart because I think there are different ways to be intelligent, but it's as if someone told her "project a smiling, sexy, bubby look" and she's doing that.

Uh, you mean like Fox?

Yep.

Pope Benedict XVI In Yankees Stadium - CNN TV and CNN.com

Ok, I'm watching Pope Benedict XVI hold mass in Yankees Stadium before 57,000 people and I'm glad I'm seeing it, because I was going to change the channel at first. I was about to do that because I wasn't interested in it, but then I was overcome by the fact that I'd not been to Church in a few weeks -- escaping some negative energy at Glide Memorial in SF -- and needed to see a religious event.

Plus, it's American Culture, or a part of it, and history. What's interesting is that so many people still turn out to see his holliness, which is a good thing, and a God thing too.

CLINTON SUPPORTER HACKS BARACK OBAMA WEBSITE

When Senator Hillary Clinton's staffers said they were throwing the kitchen sink at Senator Barack Obama, they were not kidding. Someone this Saturday night hacked the BarackObama.com website. This video shows what happened when I went to my blog page, then clicked on "Community Blogs" -- I was taken to the front page of Senator Clinton's website.

This means Senator Clinton's staffers possibly hired someone to hack into the Barack Obama website system. Such efforts generally don't go unpaid, either.

Moreover, Blue State Digital is running the site, and has to bear some responsibility for this. Did an ex-Blue State Staffer do this? Was Blue State hired by the Clinton staff recently? There are many questions to answer. But if Senator Clinton bowed out of the race, these games would stop.

This is serious because it means Senator Clinton could also unethically poach donors from the Obama campaign via online website redirects like this. Terrible and unethical.

Barack Obama Oakland Delegate Convention Movie - Oakland,CA

This is a 20 minute movie on the dramatic event that was the convention held in Oakland, CA to elect delegates to represent the 9th Congressional District in Oakland and Barack Obama. It drew 2,000 people.

If you live in Oakland and are politically involved, you're going to see someone you know in this video. It was really a kind of homecoming for people in Oakland politics and of course Oaklanders who have been involved with the Obama campaign. I thank the people in the video from Peralta Community College District Chancellor Elihu Harris to my friends, all of whom are in the movie and listed, and the delegate winners in this movie who are just some of the Oaklanders that will represent Barack Obama at the Democratic National Convention, Jennifer Pae, Fred Feltz, Mark Friedman, Ayelet Waldman , and Darlene Brooks.

The estimate of 2,000 people was my own and came from first, eyeballing the event, second from figuring that of 101 candidates, each had perhaps 10 people average who came out for them, which leads to 1,000 people, then adding volunteers, media, and people who just wanted to see what was happening, and then participate.

More Chevron Truth

Chevron, the parent company of Texaco Petroleum (Texpet) has been horribly libeled in the media as well as the courtroom by opportunistic U.S. environmental lawyers looking to turn a quick buck. They were illegitimately sued for its partnership with Petroecuador, Ecuador’s state-owned oil company. Chevron has been falsely linked to genocide and that is patently false as evidenced with the steady increase of the Cofan indigenous population from 1920 to present day.

There is absolutely no basis for the claim of genocide of any indigenous group. Ecuador
government census data and all peer-reviewed published population data agree that the population of the six indigenous groups has either increased or remained stable since Texpet began operations in Ecuador. For example, demographic studies presented by Dr. Bedoya indicate that the Cofán - far from "facing extinction" as claimed by the plaintiffs and their supporters - increased in number from about 300 inhabitants in 1955 to 1,044 in the official government of Ecuador census of 2001. All government (1) and peer reviewed population estimates (23) found by Dr. Bedoya are shown in the figure below. Doctor Eduardo Bedoya has a Ph.D in Anthropology from New York University and has worked as consultant for the ILO, CARE-Perú, WINROCK Corporation, the World Bank, and the IUCN.

Cofán Population: 1920 - 2010
PARAHUACU ATACAPI
DURENO
GUANTA AGUARICO
SACHA
YULE BRA
CULE BRA
RON
ENO
PALA NDA
AUCA
AUCA
SUR
RUMIYACU
CONONACO
Rio
Napo
Aguarico
LAGO AGRIO
Rio
PALO
ROJO Cofán
HUSHUFINDI
Secoya

1970 1980 1990
Period of Texpet Concession
100
300
500
700
900
1100
1300
1500
1700
1920 1930 1940 1950 1960 1970 1980 1990 2000 2010
Year
1923: Measles epidemic
Period of
Texpet
Concession
155016
5003
5174
3005 3006
4007
6909
29710
40012
46013
50014
100015
78018
58019
62720
85021

The production took place primarily on government lands and was conducted in compliance with Ecuadorian laws and regulations. Roughly 1.7 million barrels of crude oil were produced, with the Government of Ecuador (GOE) receiving 95% of the total financial proceeds. Perhaps they want more because the Ecuadorian government is in collusion with fraudulent U.S.-based lawyers greedily seeking to extort monies from Chevron over these bogus allegations.

At the conclusion of the venture’s twenty-year concession, the area and facilities of the former consortium were subjected to a government-supervised audit, which, together with other Government data, became the basis for a settlement agreement under which Texpet was required to conduct environmental remediation with respect to the sites in proportion to its one-third interest in the venture. Everything was fine then.

To that end, Texpet executed a $40 million remediation and public works program under close GOE supervision. Texpet’s remediation was fully inspected, certified and approved by the GOE, and the GOE granted Texpet a full and complete release of all further claims, liabilities and obligations associated with Texpet’s operations in Ecuador.

The release documents were signed by the GOE’s Minister of Mines & Energy, the President of Petroecuador, and the General Manger of Petroproduccion—the operational division of Petroecuador. Texpet has had no role whatsoever in exploration and production in Ecuador since 1992.

Petroecuador, the sole owner and proprietor of the oil fields, had 15 years to make remediation and failed to remediate its sites even though it was more than willing to do so when it took the $40 million in funding from Texpet in 1992. The environmental degradation which still takes place today is due to Petroecuador’s poor operations and negligence, and the Ecuadorian government’s unwillingness to fund adequate remediation.

Interestingly, in 1999, seven years after Texpet ceased to have any involvement in Ecuadorian operations, the government of Ecuador enacted a new environmental statute – the 1999 Environmental management Act. This allowed any Ecuadorian to file suit for environmental reparations on behalf of the collectivity. While the 1999 EMA created new substantive rights that did not previously exist, the new law cannot be used to challenge pre-1999 conduct, as per Article 7 of the Civil Code of Ecuador, which expressly prohibits retroactive application of Ecuadorian substantive law. Nevertheless, in 2003 the very same U.S. lawyers whom have been waging this campaign since 1993 filed suit against Chevron using this same 1999 law. They should be disbarred for misrepresenting a legal statute in a transparent effort to extort monies from Chevron.

Chevron is getting blamed for environmental degradation and being illegitimately sued for an environmental crime committed by Petroecuador which accepted Chevron/Texpet’s $40 million pay-out and didn’t fulfill its responsibility to remediate the sites that were explored and extracted. A costly and long-standing legal dispute has arisen between U.S.-based contingency fee-based trial lawyers working in partnership with NGOs and local activists whose goal is to extort a large windfall from Chevron, a large and successful corporation with deep pockets. The general public perceives large corporations such as Chevron as evil-doers, and public opinion tends to scapegoat them.

The litigation in Ecuador has followed the typical pattern for such suits. The lawyers retained a consultant to devise an astronomical estimate of financial liability, which the plaintiffs have attempted to use to frighten the company into a settlement. The expert in question, David Russell, made only a cursory examination of a small handful of sites and did not seek to distinguish between damage caused by Texpet/Petroecuador consortium and damage caused by Petroecuador over the 15 years since Texpet left Ecuador. Also, they did not determine how much was the fault of Petroecuador’s and the Government of Ecuador’s negligence after they had received $40 million in funding to more than cover the costs of this operation from Chevron, as well as being signed off by the GOE upon Texpet’s agreed-upon departure.