Chevron v. Ecuador - Can Chevron Get A Fair Trial? Appellate Court Screws Up

As some of you know, we've been following the Chevron - Ecuador story for some time now.  To recap, the problem is that in the 1960s Texaco produced oil out of that country and through 1990 and in partnership with the Country of Ecuador .  During that time, there were oil spills and economic damage due to oil production.  Texaco spent $40 million in "environmental remediation" which is another term for carrying out a cleanup program.  


Chevron purchased Texaco in 2001 for 46.3 billion, thus assuming Texaco's work and responsibilities in Ecuador.  By that time, Ecuador's then-new state-owned petroleum organization Petroecuador assumed responsibility for the oil wells that were once the product of the partnership.  But the problem is that since that time and through today, oil spills and environmental damage have continued, but Petroecuador has done nothing to either prevent the occurrence of or clean up what was done.  


Meanwhile, the Country of Ecuador has moved to work on three fronts: 


1) Nationalize the oil industry via Petroecuador
2) Kick out American oil companies like Occidental Petroleum and take over their production facilities.
3. Sued Chevron Texaco to get money to pay for environmental damage that their own state-owned oil company, Petroecuador, caused



The third point is the focus of my blog.  Ecuador's suing Chevron to have them pay the afforementioned damange.  To that end, they were assisted by a lawyer by the name of Steve Donziger, who had been working on the case as an "American Legal Advisor",  but who has also admitted his own financial ambitions as he could gain $5 billion from a victory .  The lawsuit -- valued at $16.5 billion by one estimate -- has been the focus of much legal movement.  The latest action by Chevron had it file an appeal to have Ecuador enter into arbitration discussions regarding the level of liability each party is responsible for.  But there's one large problem. 


The appellate court doesn't understand the contractual relationships. It calls Chevron a "third party."  


What!?!


When Chevron purchased Texaco it essentially became Texaco, with all of its obligations and problems. Thus, it's not a third party.  But even with this fact, the U.S. Court of Appeals for the Second Circuit in New York took the step of ignoring Chevron's claims of being able to pursue arbitration by seeing it as a "third party" when it's not.


The result of this failure means that Chevron now must seek other legal tools to get Ecuador to pay its fair share, but the other problem is more sinister: Ecuador's rich continue to cover-up their behavior and irresponsibility toward that country's poorest people.  Making it look like it was just Chevron's fault does not erase the fact that Ecuador has been harming its poorest people.


The bottom line here is that just because a firm's an oil company does not mean it should be treated unfairly, especially when the lives of the poor of Ecuador are at stake.  Chevron / Texaco has paid and does its share; the Country of Ecuador, which by the way will never give Chevron a fair trial, has not done so. 

Obama Has A Plan To Reduce Oil Prices And Manage Our Oil Reserve

In the face of still high oil prices Senator Barack Obama has a plan to reduce them and via the use of a "swap" of components of our Strategic Petroleum Reserve. The Wall Street Journal covers this idea:

Obama Has A Plan To Manage Our Oil Reserve

By JOHN D. SHAGES
September 8, 2008; Page A17
Energy is playing a pivotal role in this year's presidential election. And a crucial aspect of America's energy security not widely discussed is how to best use America's Strategic Petroleum Reserve (SPR).

Sen. Barack Obama is proposing a simple maneuver -- called an exchange, or swap -- that will help lower the price of oil for consumers, increase the amount of oil in the SPR, increase energy security, and leave taxpayers better off by about $1 billion. His proposal deserves to be adopted.

In 1975, after the Arab oil embargo, the U.S. created the SPR to protect against oil supply disruptions. That reserve now consists of 706 million barrels of crude oil, the largest stockpile in the world.

As the steward of that stockpile, the Department of Energy plays an important role in oil markets. Merely announcing oil acquisitions or sales from the SPR moves oil prices. The SPR's drawdown capability of 4.4 million barrels of oil per day surpasses the daily production capacity of Iran, Iraq or Venezuela.

The authority to sell oil from the SPR is contingent on a presidential finding of a "severe energy supply interruption." In the past 33 years, there have only been two sales from the SPR: in 1991 to support Operation Desert Storm, criticized for being too late; and a widely applauded 2005 post-Katrina sale.

There is also another, little understood statutory authority that allows the Energy secretary to "exchange" oil from the SPR. This authority was created to allow the secretary to periodically change the SPR's composition to ensure that it remains useful to refiners and consumers.

The Clinton administration used this authority in 2000, exchanging crude for heating oil. Later that year, facing a possible heating-oil shortage, the administration loaned 30 million barrels of oil to the market, which was repaid with interest in the form of additional oil at a later date.

This met two objectives. The swap added oil to the SPR at no cost to taxpayers and it put downward pressure on prices.

The Bush administration has used the exchange option extensively. As a matter of policy, however, it has used this option only for minor supply disruptions, and not to intervene in markets due to high prices.

Today, with historically high oil prices, it is time to debate using the SPR. Some argue that the reserve should only be used in emergencies. Others say that we should use all the tools at our disposal to help consumers.

Fortunately, we do not have to resolve these philosophical differences. Instead, we can improve the management of the SPR and maximize its value to the taxpayer. The oil in the reserve now is all light crude, which is easier and cheaper to refine into gasoline, a reflection of refining capability at the time the SPR was created. Over the past three decades, however, U.S. refining capacity has become increasingly sophisticated and complex, because the world's oil is increasingly heavy and harder to refine. Today, about 40% of our refining capacity is configured to handle heavier crude oil.

We now confront a mismatch between U.S. refining capacity and the oil mix in the SPR. In a 2007 report, the Government Accountability Office (GAO) found that in an emergency this mismatch could reduce U.S. refinery capacity by 5% or over 735,000 barrels per day in total as some refineries scale back production to accommodate the SPR oil. The GAO recommended that the Energy Department change the reserve's oil mix to at least 10% heavy oil, roughly 70 million barrels.

This could be accomplished through a swap. From a policy perspective, this would enhance the utility of the reserve, aligning its oil with U.S. refining capacity, while also putting short-term downward pressure on oil prices. From a business perspective, the DOE could craft an exchange to either increase the oil in the reserve, yield a cash bonus, or both. Light crude is more valuable than heavy crude (by about $12 to $18 a barrel), so swapping one for the other could bring in about $1 billion at today's prices.

The House and Senate are considering legislation to mandate such a swap, and Mr. Obama has adopted the concept as part of his energy plan. The public benefits are compelling. Swaps that help energy security, refiners and consumers should be a routine part of managing the SPR.

Mr. Shages is a former deputy assistant secretary for petroleum reserves at the Department of Energy.

McCain Advisor Phil Gramm "We're A Nation Of Whiners" - Video

Senator John McCain's campaign will look back on this as a terrible day and a major one in what seems to be an incredible one-week meltdown that will certainly lead to a bump in the polls for the already leading Democratic Senator Barack Obama.

Former Senator and McCain Advisor Phil Gramm made a comment that's caught fire. Everyone's having a field day with what Phil Gramm said. Former Senator Gramm seems to think that Americans should just shut up and take the fact of the worstening economy without comment:

“You’ve heard of mental depression; this is a mental recession,” Gramm, a former Texas senator, told the newspaper, adding that the presumptive Republican nominee will face an uphill battle fighting those perceptions.

“We have sort of become a nation of whiners,” he said. “You just hear this constant whining, complaining about a loss of competitiveness, America in ‘decline’ despite a major export boom that is the primary reason that growth continues in the economy.”

This didn't miss the eye of "RaisingKaine"'s Lowell, who writes Yeah, Sen. McCain, you certainly were correct when you said you didn't know much about economics!

The comment by Senator Gramm did not miss the eye of Senator Barack Obama. The Presumptive Democratic Nominee said "We already have one Dr. Phil" referring to the television star therapist.



Meanwhile, Senator McCain, facing yet another reason to get mad at someone, which he's proven he's good at, immediately threw McCain under the bus, banishing him to Belarus. According to Fox News Mosheh Oinounou...

“I don’t agree with Senator Gramm. I believe that the person here in Michigan that just lost his job isn’t suffering a ‘mental recession.’ I believe the mother here in Michigan and around America who is trying to get enough money to educate their children isn’t ‘whining,’” McCain told reporters today. “America is in great difficulty and we are experiencing enormous economic challenges as well as others. Phil Gramm does not speak for me. I speak for me. So, I strongly disagree.”

McCain has previously said that “no one is more qualified” on economic issues than Gramm, who serves a national campaign co-chair, but made clear today that he was unhappy with the former Texas senator when asked if Gramm would have a role in a future McCain administration.

“I think Senator Gramm would be in serious consideration for ambassador to Belarus, although I’m not sure the citizens of Minsk would welcome that,” McCain said.

For his part, and I think this is the most damaging to McCain, Senator Gramm stood by his remarks. "I'm not going to retract any of it. Every word I said was true," Gramm said.

Wow.

I guess Senator Gramm wants to stick it to Senator McCain. Sure looks that way, yes? On top of that, Senator McCain looked totally uncomfortable in the way he ducked a question about Viagra and health care. More on that soon.

Chevron Pipelines Attacked In Nigeria and Columbia; FARC May Be Responsible In Columbia

In the ongoing matter of Chevron and Nigeria comes a report from UPI declaring that "Nigeria attack cripples Chevron". Moreover, the same report points a finger at militant groups like the Movement for the Emancipation of the Niger Delta (MEND). And while there's no recorded link between MEND and Chevron accuser Larry Bowoto, it seems the two have similar aims: to cripple Chevron's presence in the region, as well as that of Royal Dutch Shell.

Consider this UPI report:

Chevron Corp. has declared a force majeure on its oil exports following a particularly destructive attack on one of its installations in the Niger Delta.
Officials at the U.S. oil company said that though production was unaffected at offshore installations, Chevron could not meet its production quotas for customers because of shortfalls caused by the pipeline attack last week at the Escravos oil field in the delta.

Though Chevron would not say just how much production was lost due to the attack, Nigerian energy officials estimated the losses at over 100,000 barrels per day, a blow that prompted the company to declare force majeure, relieving them of their contractual obligations until the assaulted pipeline can be repaired and secured.

Chevron, meanwhile, is not the only company reeling from the recent increase in violence against foreign oil interests by armed militant groups in the delta. Royal Dutch Shell (NYSE:RDS-A), the leading foreign petroleum company operating in Nigeria, suffered yet another in a long list of attacks at its Bonga facility last week, prompting the Anglo-Dutch company to halt production for several days.

It wasn't the first time Shell was forced to scale back production due to militant violence. In January, Shell shut down operations at its Forcados terminal following pipeline attacks that threw its 100,000 barrel-per-day production offline. The terminal already had been shut once before because of violence and reopened in October 2007 after more than a year of halted production. Since its reopening, the facility, which can produce some 450,000 barrels per day, had been operating at a fraction of its capacity.

FARC May Be Behind Anti-Chevron Ecuador Efforts

It seem that MEND has something in common with FARC, the same organization that kidnapped now freed politician Ingrid Betancourt: both have apparently bombed Chevron pipelines. in FARK's case, such an activity has been ongoing since 2001, but not limited to Chevron at that time; Petroecuador pipelines -- Petroecuador has long been a partner to Chevron in the region -- were the targets of that Columbian rebel group and that continues today.

Since Ecuador's charging that Columbia's using U.S. made weapons, it seems that Chevron's made as the scapegoat, when it provides much needed employment to the region as is true in Nigeria.

Chevron v. Larry Bowoto - Nigerian Accuser In Court To Explain Why Half Of Case Was Dropped

Larry Bowoto, the Nigerian Accuser who claimed that Chevron hired people who then shot him and violated his human rights, is the focus of a court hearing that starts today according to the SF Sentinel, and which seeks to learn why Bowoto dropped half the charges that he brought before Chevron.

Chevron has claimed that Bowoto and more than 100 members of his paramilitary group stormed the Parabe oil platform, 9 miles off the Nigerian coast and held its employees hostage until Nigerian police and military intervened and helped save the Chevron Nigeria employees.

It reads like another version of the Ecuador Shakedown. I am getting updates on this via the Internet so visit this blog for more news on this investigation.

Oil Hits Record High; Get Ready For $5 Per Gallon In Calfornia

Oil Prices hit another record today as the price for a barrel of crude oil hit $139.12 just one day after a record of $135.09 was reached. I can't even find a gas station with a price for gas less than $4 a gallon and generally the cost is between $4.30 and $4.50 per gallon. I drive around to find the cheapest price I can, but maybe it's better not to drive at all!