Protest Chevron’s Tax Grab

651 Pine Street, Martinez

Thursday December 15, 2011

11:30 AM – Gather and Leaflet Area

12 Noon Rally

RPA says:

“The Chevron Corporation is currently appealing its property tax assessment and trying to get the county to pay them a refund of $150 million dollars at hearings in Martinez. If ordered to pay these refunds, County, City, and school districts would have to slash vital health, education and public services and lay off employees.”

“Chevron, which has long had reduced property taxes thanks to loop holes in Proposition 13, is able to hire an army of expensive lawyers to try to bully the county into accepting a settlement. Community groups, unions, and everyone who cares about justice say it is time to stop the 1% from bleeding the rest of us. We are the 99%, Chevron is the 1%!”

The Richmond City Council Resolution asking Chevron to drop its property tax appeals notes the following:

• Chevron Corporation. (formerly Standard Oil) has successfully operated an oil refinery in Richmond since 1904, thus contributing to the corporation’s high profitability for over 100 years

• Chevron declares that it wants to be a good neighbor to Richmond and Contra Costa County residents

• Chevron has posted record profits in each of the last five years, and its profits of $7,830,000,000 ($7.83 billion) for the third quarter of 2011 are double its profits for the third quarter of 2010

•  Chevron’s charitable contributions to worthy local organizations in 2010 amounted to $3.7 million, which represents a mere 0.047% of the profit it made in just three months

• These cuts would inevitably result in the layoffs of city, county, school district, fire and water, etc. workers at a time when we are already experiencing record unemployment and the worst recession since the 1930’s Depression

• These layoffs would result in less income available to purchase goods and services contributing to a downward economic spiral damaging our business community

• Chevron has stated it wants to maintain good a good relationship with Richmond and that it specifically wants to help ameliorate the very problems that the cuts triggered by its potential refunds would exacerbate

• If Chevron were to withdraw all of its property tax appeals it would remain a highly successful and profitable corporation and would experience no negative consequences

• The Richmond City Council respectfully asks Chevron Corporation. to withdraw and dismiss all of its property tax appeals on past years’ assessments and pay the full amount due on current and future property tax assessments for the Richmond refinery.

Read the full resolution by the Richmond City Council

Get the flyer for the protest and rally

You may remember there was a multiyear dispute between residents who live near the Richmond refinery and Chevron which wanted to expand its expand its facility to refine heavier dirtier crude oil, which would further pollute an area where the local community already suffers disproportionately high rates of asthma, cancer and other illnesses. Eventually, the local residents and the community groups that support them won their case when two judges sided with them. However, while the dispute was still raging, Mechanics Bank sent its clients a letter in support of Chevron, which it also published as an open letter. We’re posting the contents and linking to a copy of it here so that you can make a fully informed decision when you think about moving your money in the Bay Area.

August 5, 2009

~ Mechanics Bank
Commitment That Lasts Generations
An Open Letter to Chevron and the City of Richmond
From Mechanics Bank

For almost 100 years, Mechanics Bank has proudly called Richmond its home. As an organization that is committed to helping build prosperous communities as their trusted financial partner, we have always supported Richmond’s businesses, non-profits, and provide employment to many of its residents. In the spirit of that commitment, we add our voice today to the growing chorus of those calling for an end to the impasse over Chevron’s refinery upgrade project. Richmond, which calls itself the “City of Pride and Purpose,” is in danger of losing both if it cannot find a way to reach a swift and equitable agreement that allows it to move forward.

With the city’s unemployment at its highest level since the Great Depression – estimated to exceed 17% -and the state’s financial difficulties about to lead to a loss of millions from its redevelopment funds, Richmond is facing one of its greatest challenges. By bringing the refinery project to a halt, Communities for a Better Environment and its allies may think they have won the day, but from our viewpoint, it appears to be a hollow victory. A century of serving this community has taught us that opportunities such as that posed by the Chevron plant upgrade don’t come along very often–and they are especially rare in a time of recession. A failure to find a compromise that is fair to all would squander a chance to revive Richmond’s struggling economy, and likely would eliminate future jobs and prosperity, too. Because no agreement was reached, more than 1100 local workers have lost their jobs. Their families have lost healthcare and other benefits. The city itself stands to lose over $61 million in promised community benefits to support a variety of much-needed programs. From job training for low-skill workers to funding that bolsters desperately needed police and fire services, from support for free and subsidized health services to construction of the missing link of the Bay Trail, and much, much more, Richmond comes out a loser.

Worst of all, the reason given for opposing Chevron’s plant upgrade doesn’t stand up to scrutiny. Despite opponents’ claims of environmental degradation, the City of Richmond, the State Attorney General’s office, and the Bay Area Air Quality Management District concluded after four years of review that the refinery upgrade would actually reduce emissions!

We did not speak with Chevron prior to preparing this letter, nor did they request that we take a position on the dispute. But given our deep roots in this community we felt it was imperative to speak out. Richmond has been a big part of the growth and success of Mechanics Bank, for which we will always be grateful. Together, we’ve survived the Great Depression and a dozen other boom-and-bust cycles. We have always believed in a bright future for this city, but if the naysayers kill this opportunity, it may well be decades before Richmond makes up what it will have lost.

It is imperative for our community that all parties reach a swift, reasonable resolution so that Richmond and its citizens can get back to work quickly.

Sincerely
Steven K. Buster
President and Chief Executive Office

cc:
Mike Coyle
Manager
Chevron Richmond Refinery
Chevron Corporation
P. O. Box 6076
San Ramon
CA 94583

Gayle McLaughlin
Mayor
City of Richmond
450 Civic Center
Richmond
CA 94804

Judy Morgan
President
Richmond Chamber
of Commerce
3925 Macdonald Ave.
Richmond
CA 94805

Bill Gallegos, Executive Director
Nile Malloy, NorCal Program Director
Communities for a Better Environment
Oakland Office
1440 Broadway, Suite 701
Oakland, CA 94612

Hilltop Office
3170 Hilltop Mati Road• Richmond, (A 94806
1.800.797.6324 PHONE’ www.mechbank.com

PDF of scanned letter

Reuters posting of letter

Find a credit union

Re-posted from the Richmond Confidential

Chevron’s Richmond refinery, seen from Nichol Hill. The company argues that it has paid too much in property taxes on the facility. (photo by: Robert Rogers)

Chevron will present its case for a $58 million tax refund before an appeals board on Monday, as the company seeks to prove that it overpaid property taxes on its Richmond refinery between 2007 and 2009.

The hearing before the County’s Assessment Appeals Board – which listens to the cases of property owners who believe that the county has overvalued their land and thus charged too much in taxes — represents the next step in a four-year battle. Chevron believes the county has overvalued its Richmond refinery by nearly $2 billion per year, a company spokesperson said in an email.

If the company succeeds in its appeal, it would create a “brutal situation” for the county and cities, Richmond Mayor Gayle McLaughlin said.

“The city of Richmond stands to lose millions of dollars if this appeal is approved,” McLaughlin said, adding that the city would have to cut services to pay back the money.

County Assessor Gus Kramer, who has held the position since 1995, called the case a “phenomenon.”

“It is record setting,” he said. “It’s the largest appeal we’ve ever had.”

Full article

Photograph caption: Chronicle 2009 Chevron Refinery;  photo credit: Liz Hafalia
image source: http://articles.sfgate.com/2010-03-05/bay-area/18376605_1_chevron-and-other-oil-business-license-tax-richmond-refinery

20 September 2011

A US court has overturned a block on Ecuadoreans collecting damages totalling $18.2bn (£11.5bn) from Chevron over Amazon oil pollution.

The order reversed a previous judge’s ruling that froze enforcement of the fine outside Ecuador.

But it is not the end of the legal saga, which is also going through the courts in Ecuador.

Texaco, which merged with Chevron in 2001, was accused of dumping toxic materials in the Ecuadorean Amazon.

In February, an Ecuadorean court ruled that Chevron should pay to clean up pollution, awarding damages of more than $9bn as well as punitive damages of more than $8bn.

But Chevron, which argues that this judgement was fraudulent, successfully appealed to a New York judge to have collection of the fine blocked.

That decision was overturned on Monday, when the Second US Circuit Court of Appeals in New York lifted the injunction.

Full article

Image: Humberto Piguaje, Tribal Leader, Secoya of the Ecuadorian Amazon, after the Chevron Shareholders meeting May 2011. Photo credit: Todd Sanchioni

By Emma Amaize & Akpokona Omafuaire

Re-posted from Vanguard Media

WARRI-HUNDREDS of placard-carrying women, from about 10 Gbaramatu communities in Warri South-West Local Government Area of Delta State, yesterday, laid siege to the project site of Chevron Nigeria Limited at Chanomi Creek and disrupted the laying of pipelines for the multi-billon dollars Escravos Gas to Liquid project.

The workers of an indigenous service company, Fenog Nigeria Limited, handling the project were helpless as the women refused to vacate the site, while soldiers guarding them looked on.

The women, from Okerenkoko, Oporoza, Benikrukru, Kurutie, Kunukunuma, Azama, Igoba, Pepe-Ama, Tebizon, Kokodiagbene communities, led by Mrs. Comfort Oguma, said both the Federal Government and Chevron deceived them and demanded that all pre-contract agreements be fulfilled.

Full article

Image: Oporoza, Niger Delta, Image source: Sweet Crude

On behalf of nineteen Nigerian plaintiffs in Bowoto v. Chevron Corp., ERI filed a petition to the U.S. Supreme Court today asking the court to hear the case.  Specifically, the petition requests that the Supreme Court overturn the decision in the case by the Court of Appeals for the Ninth Circuit, which ruled that corporations such as Chevron cannot be sued for torture and extrajudicial killing under the Torture Victim Protection Act (TVPA).

The litigation against Chevron arises out of an incident in 1998 in which Nigerian villagers occupied a Chevron offshore oil platform in the Niger Delta in order to protest environmental devastation and economic disruption caused by oil production.  After several days of peaceful protest, Chevron called in brutal Nigerian military and police forces to attack the protestors.  The security forces shot several protestors and killed two, including Arolika Irowarinun, whose family is among the plaintiffs in the case.

In December 2008, a San Francisco jury ruled against the Nigerian plaintiffs.  But the jury never heard the claim that Arolika Irowarinun was subjected to extrajudicial killing, because the court had ruled that Chevron could not be sued under the TVPA.  The only claim for Arolika’s death was a wrongful death claim which, due to idiosyncracies of Nigerian law, required a verdict beyond a reasonable doubt.

The Ninth Circuit rejected the plaintiffs’ appeal in September 2010, agreeing with the trial court that corporations could not be sued for torture or exttrajudicial killing under the TVPA; the court further rejected plaintiffs’ petition for rehearing in February 2011.  This ruling is in conflict with cases decided by another federal court of appeals, the Eleventh Circuit, which has repeatedly ruled that corporations can be sued under the TVPA.

We do not expect a decision from the Supreme Court on whether it will hear the case until September or October.

Documents:
Petition for Certiorari to the U.S. Supreme Court

Emem Okon at True Cost of Chevron Press Conference before 2011 Chevron Shareholders meeting

I am here to represent the women of the Niger Delta who live in communities near gas flares and who suffer health issues of infertility, early menopause, miscarriages, cancer, rashes; women who fish in waters polluted by Chevron; who drink Chevron polluted water because there is no other source of drinking water; women whose traditional means of livelihood of farming and fishing have been destroyed by Chevron oil business activities; the women who confronted Chevron years back over the injustice perpetrated by Chevron in their communities. Chevron claims to recognize the value of fresh water as a fundamental social, environmental and economic resource but Chevron pollutes the fresh water in the Niger Delta with impunity. I have questions from the Niger Delta women: WHEN WILL CHEVRON STOP ENVIRONMENTAL VIOLENCE AGAINST WOMEN? WHEN WILL CHEVRON STOP THE TOXIC FLARES IN THE NIGER DELTA? WHEN WILL CHEVRON STOP DESTROYING THE HEALTH AND WELL BEING OF THE WOMEN IN THE NIGER DELTA REGION? If Chevron is not ready to stop the toxic flares, Niger Delta Women say:  ‘LEAVE THE OIL IN THE SOIL’

- Emem Okon, May 24, 2011

At a press conference today in San Francisco, Emem Okon from Nigeria and over one dozen community leaders from Angola, Ecuador, Indonesia, Alaska, Texas, across California, and more gathered at a Chevron gas station to expose the harms of Chevron’s operations in the communities where they live and advocate. See JINN’s photography from the event and  join JINN at the protest tomorrow at Chevron’s corporate headquarters to support those whose lives have been harmed by Chevron’s outdated practices.

All photos:  Todd Sanchioni

Indigenous farmers say $8.6 bln in damages not enough

Chevron says charges of polluting the jungle are false (Recasts, adds plaintiffs appeal, updates throughout)

LAGO AGRIO, Ecuador, Feb 17 (Reuters) – Ecuadoreans suing U.S. oil giant Chevron Corp (CVX.N: Quote, Profile, Research, Stock Buzz) for environmental damages on Thursday appealed a recent court ruling that awarded them $8.6 billion, claiming that more money would be needed for cleanup efforts.

Residents of Ecuador’s Amazon jungle say that Texaco, which was later acquired by Chevron, dumped polluted water into their rivers and left drilling waste to fester in unlined pits, charges that the company denies.

At $8.6 billion, the damages figure is one of the biggest environmental judgments ever. But plaintiffs say more money will be needed to clean up the Rhode Island-sized swath of rainforest that they accuse Texaco of wrecking when it operated in area during the 1970s and 1980s. [ID:nN16261158]

In their appeal before a three-judge panel at Sucumbios provincial court, in the heart of Ecuador’s Amazon region, the plaintiffs did not say how much they are seeking in damages.

“We do not have an economic figure. It is an open petition,” lead lawyer Pablo Fajardo told Reuters.

The long legal battle in Ecuador, which has spawned related actions in U.S. courts and international arbitration, is seen as a test case widely watched by international oil companies wary of precedents for other major damage claims.

Chevron inherited the case when it bought Texaco in 2001. It says it cleaned up all waste pits it was responsible for before turning the sites over to Ecuador’s state-owned oil firm, Petroecuador, which still operates in the area.

Chevron says the 17-year-old legal saga has been driven more by greedy trial lawyers than concern for the environment.

Calling the charges false, Chevron says it will seek to overturn Monday’s ruling by Sucumbios court judge Nicolas Zambrano that found the company responsible for pollution.

Resolution could still be years away, and few analysts expect the company to pay anything soon, if at all. Chevron’s stock price was not hit by the Feb. 14 ruling, as investors had widely expected the verdict.

ENFORCEMENT SUSPENDED

Company lawyers filed a 31-page request with the court on Thursday, asking to clarify points included in its ruling.

“Our filing today has the same effect as an appeal in that it suspends the enforcement or execution of the verdict,” Chevron spokesman James Craig told Reuters.

“The judge must resolve our request for clarification of his ruling and, upon doing that, the company will have 72 hours to file its appeal,” he said.

Zambrano’s tiny courtroom is in a rundown building in an Amazon town called Lago Agrio near the Colombian border.

In its request for clarification of his Monday ruling, Chevron wants to know more about the formula that Zambrano used to come up with his damages assessment.

The company is also asking the judge if he viewed outtakes from the 2009 documentary “Crude” that were subpoenaed by Chevron as part of U.S. court proceedings related to the case.

The company says the clips, which did not appear in the film, show evidence of fraud on the part of the plaintiffs. [ID:nN10247574] (Additional reporting by Alexandra Valencia in Quito, writing by Hugh Bronstein; Editing by Frank Jack Daniel and Cynthia Osterman)