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Environment & human rights: Lawsuits |
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See also section of this website entitled "Lawsuits against companies"
Examples of lawsuits related to environmental/human rights issues:
general:
2003:
EU assembly tells polluters to pay debts to nature - The European Parliament approved a bill on Wednesday that would force companies to pay to clean up the mess they create in nature. (Robin Pomeroy, Reuters, 14 May 2003)
Suit Says ChevronTexaco Dumped Poisons in Ecuador - A group of American lawyers representing more than 30,000 indigenous people in Ecuador filed a $1 billion lawsuit against the ChevronTexaco Corporation yesterday. The suit was filed in Ecuador on behalf of 88 plaintiffs in Lago Agrio, a small oil town in northern Ecuador, and asserts that during two decades of operation, from 1971 to 1992, ChevronTexaco dumped over four million gallons a day of toxic wastewater, contaminated with oil, heavy metals and carcinogens into open pits, estuaries and rivers. It also says the company left behind nearly 350 open waste pits that killed people and animals. (Abby Ellin, New York Times, 8 May 2003)
2 Companies Said to Agree to Settle Suits on Emissions [USA] - Alcoa and Archer Daniels Midland have agreed to settle federal air pollution complaints by upgrading smelters and other factories at a cost the government estimates at $700 million (Jennifer Lee, New York Times, 8 Apr. 2003)
Blacks join to dump harmful waste sites [USA] - They say a form of 'racism' puts facilities that process hazardous materials in their communities. -...Like Baker, citizens in many poor, black communities around Alabama and the South in recent years have fought companies that have located pollution-spewing industrial plants, hazardous landfills and waste incinerators near homes and schools. Known as "environmental racism," the practice of locating such toxic operations near politically powerless blacks has been stymied by emerging citizen groups. [refers to lawsuits against chemical plant in Anniston, Alabama - defendants were Monsanto, Solutia, Pharmacia; also refers to Waste Management Inc, Shintech Inc] (Dave Bryan, Associated Press, 6 Apr. 2003)
BP faces record fine for spoiling Los Angeles air [USA] - BP is facing a record $320m (£200m) pollution fine and allegations that the oil company submitted false documentation to air quality control regulators (Terry Macalister, Guardian [UK], 14 Mar. 2003)
Pollution agency seeks $319 million from BP Arco [USA] - The South Coast Air Quality Management District filed a lawsuit Wednesday seeking more than $319 million in damages from BP Arco for alleged violations of emissions standards. (Associated Press, 12 Mar. 2003)
Factory fined RM20,000 for discharging effluents [Malaysia] - An electronics factory here was today fined RM20,000 by the Sessions Court for discharging effluents above the permissable levels into Sungai Melaka. (A. Hafiz Yatim, New Straits Times, 10 Mar. 2003)
Heavy fines loom for pollution cover-ups [state of Western Australia] - New laws aimed at people and businesses who do not report contaminated sites will be debated in the Legislative Assembly this week. (Steve Butler, West Australian, 10 Mar. 2003)
{···español} PCB en las calles Plantenses [Argentina] - La Defensoría Ecológica de La Plata denunció ayer a la empresa de energía eléctrica Edelap por la utilización de transformadores con la sustancia tóxica PCB luego de que el viernes pasado vecinos de Gonnet presentaran un reclamo ante el organismo en donde afirmaban que por lo menos 10 personas, en una cuadra del barrio donde viven 15 familias, contrajeron diversos tipos de cáncer por la contaminación ambiental. (Página/12 [Argentina], 6 marzo 2003)
report: Development Disasters: Japanese-Funded Dam Projects in Asia - This report features case studies of six exisiting or proposed dam projects funded by the Japan Bank for International Cooperation (JBIC). JBIC-funded dam projects in Asia have been fraught with problems, which have led to serious and unmitigated social, environmental and economic impacts, affecting hundreds of thousands of people. [refers to dam projects in Indonesia (Koto Panjang Dam: refers to lawsuit by local people in Indonesia against Tokyo Electric Power Services Co., JBIC & Japanese govt.), Philippines (San Roque Multipurpose Project: refers to San Roque Power Corp., consisting of Marubeni, Kansai Electric & Sithe Energies), Thailand, China, Malaysia] (Rivers Watch East and Southeast Asia, International Rivers Network and Friends of the Earth, Mar. 2003)
BP gas field 'ravaged the rainforest' - The oil giant's green credentials take yet another battering as its subsidiary is sued in the US courts - In a court action launched in the US state of Delaware earlier this month, BP has been accused of despoiling a 70,000- acre area of largely virgin Argentinian rainforest earmarked for a "sustainable" hardwood harvesting project. (Severin Carrell, Independent [UK], 16 Feb. 2003)
N.J. fighting Ohio polluters [USA] - The McGreevey administration announced Friday that it is dispatching a pair of deputy attorneys general to Ohio to help argue a federal case charging Ohio Edison Co. with polluting New Jersey's air and damaging the health of state residents. (Jack Kaskey, PressofAtlanticCity.com, 1 Feb. 2003)
Logging Pollution Damages North Coast Watersheds [USA] - Accelerated logging has polluted some 85 percent of the waters in California's North Coast region, uprooted protected redwoods and damaged private property, but state officials continue to permit logging companies to avoid complying with environmental regulations. California environmentalists are fighting back with lawsuits (Environment News Service, 29 Jan. 2003)
United States Reaches Settlement with Koppers Industries To Settle Scores of Environmental Violations - Koppers Industries, Inc. agreed to pay the United States $2.9 million to resolve allegations of numerous violations of several environmental regulations at many of the company’s U.S. facilities [Koppers makes coke and coal tar, and engages in wood-preserving] (U.S. Environmental Protection Agency, 16 Jan. 2003)
Enviros Temperature Rising - Amid growing anger among environmentalists over the record and intentions of President George Bush, three major U.S. environmental groups announced in December that they are suing his Environmental Protection Agency (EPA) for failing to curb global warming. The lawsuit by the Sierra Club, Greenpeace, and the International Center for Technology Assessment (CTA) charges the EPA with violating the 1977 Clean Air Act by failing to limit air pollution caused by automobiles that "may reasonably be anticipated to endanger public health or welfare." (Jim Lobe, Third World Network Features/Inter Press Service, in Multinational Monitor, Jan./Feb. 2003)
2002:
Court puts Exxon Valdez punitive damages at $4 bln [USA] (Reuters, 10 Dec. 2002)
Negligence caused Bhopal disaster: Report - Negligence by Union Carbide and not sabotage was responsible for the Bhopal gas disaster, the British journal New Scientist said on Thursday basing its conclusion on documents just released in the United States. (Times of India, 5 Dec. 2002)
Shell faces litigation - Fourteen individual plaintiffs filed a class action suit [in a U.S. court] against Royal Dutch Petroleum and Shell Transport, plc, on September 20 for alleged human rights abuses in Ogoniland, Nigeria...the complaint alleges that Shell knowingly instigated, planned and facilitated in unprovoked attacks by the former Nigerian military government against the unarmed residents of Ogoniland, resulting in murder and gross human rights abuses. (Tomorrow: Your sustainable business toolkit, 26 Sep. 2002)
Alaska villagers sue Teck Cominco over pollution [USA] - Residents of Kivilina, an Inupiat Eskimo village on Alaska's northwestern coast, sued Teck Cominco Ltd. , charging the company with 2,171 federal water-pollution violations at its Red Dog Mine, the world's largest zinc producer. (Yereth Rosen, Reuters, 23 Sep. 2002)
Chinese activists take to the courts: Nascent 'green culture' is challenging authorities - and being heard - In the three years since he set up an environmental hotline, Wang Canfa [Director of the Beijing-based Center for Legal Assistance to Pollution Victims] has heard thousands of heartbreaking horror stories from people who have seen their health or livelihoods imperiled by industrial pollution. (Ted Plafker, International Herald Tribune, 28 Aug. 2002
Korean shippers admit to years of oil dumping - A consortium of Korean shipping companies has admitted that its freighters sailing between Alaska and Asia illegally dumped oily waste at sea for years and will pay a $5 million fine, U.S. federal officials said. (Yereth Rosen, Reuters, 26 Aug. 2002)
PACE Intl Union Files Federal Lawsuit Against Continental Carbon over Violations of Environmental Laws in Oklahoma [USA] - The Paper, Allied-Industrial, Chemical and Energy Workers International Union (PACE) today filed a lawsuit against Houston-based Continental Carbon Company. The company is majority owned by Taiwan-based China Synthetic Rubber Company and Taiwan Cement Corp. The federal lawsuit...charges Continental Carbon with past and continuing violations of federal hazardous waste laws through the unsafe, improper and unauthorized operation of its Ponca City carbon black plant in Kay County, Okla. (Paper, Allied-Industrial, Chemical and Energy Workers International Union, 23 July 2002)
Jury clears Exxon Mobil of additional Valdez costs [USA] (Yereth Rosen, Reuters, 19 July 2002)
Shadows of 'that night': the struggle for justice for Bhopal - A letter from Indra Sinha, pleading for justice for the victims of the Union Carbide gas disaster in India. (New Internationalist, 12 July 2002)
Cooper Cameron says sued over water contamination [USA] - Cooper Cameron Corp. said this week that it had been sued by a resident of Houston over contamination of underground water. The Houston-based maker of valves and other equipment for the oil and gas industry (Reuters, 11 July 2002)
The Enforcement of Environmental Law from a Human Rights Perspective (Romina Picolotti & Sofia Bordenave, CEDHA - Center for Human Rights and Environment, July 2002)
Three oil firms lose MTBE suit [USA]: A jury holds them responsible for Lake Tahoe well pollution -...Jurors also found that Shell and Lyondell Chemical Co. of Houston, the largest domestic manufacturer of MTBE, acted with "malice" in failing to warn consumers that the chemical posed an extraordinary environmental hazard. (Chris Bowman, Sacramento Bee, 17 Apr. 2002)
Dow Shall Be Liable [India] - More than 500 survivors of the Union Carbide 1984 gas leak from Bhopal protested outside the Dow headquarters in Mumbai, accusing the Michigan-based company of double standards and racism (Darryl D'Monte and Nityanand Jayaraman, CorpWatch India, 8 Apr. 2002)
Inco ordered to clean up polluted properties [Canada]: Inco Ltd. was ordered last week to clean up 25 homes polluted by its nickel refinery in Port Colborne, Ontario, in an ongoing dispute that has pitted the mining giant against angry residents of the small town on the shores of Lake Erie. (Jeffrey Hodgson, Reuters, 2 Apr. 2002)
{···español} Mapuches demandan a Repsol [la empresa Repsol-YPF] por 445 millones [Argentina]: Presentan hoy ante el juzgado federal un reclamo civil por esa suma (en dólares) a raíz los daños producidos por la explotación de hidrocarburos. (Diario Río Negro [Argentina], 27 marzo 2002)
US reaches cleanup deal at Alabama PCBs site:...Under the settlement, Solutia and Pharmacia have agreed to continue the emergency cleanups of area residences that are the worst contaminated. (Reuters, 26 Mar. 2002)
Toxic Trade? A Canadian chemical firm says California's pollution controls violate NAFTA rules...In Santa Monica...the groundwater is poisoned... a pollutant has leaked from the underground tanks of gasoline stations. The culprit: methyl tertiary butyl ether...As lawsuits against 18 oil companies drag on, California has ordered a phaseout of the chemical, and a dozen other states have followed suit...METHANEX, the Canadian company that makes a key ingredient of MTBE, is challenging California's ban under the 1993 North American Free Trade Agreement. (Margot Roosevelt, Time Magazine, 25 Mar. 2002)
Government and Ferro Corporation settle Clean Air Act claims [USA]: Company violated new source review at its former flame retardant manufacturing operations - The Justice Department, the Environmental Protection Agency, the state of Indiana, and the city of Hammond, Ind. today jointly entered into a $3 million settlement of claims against Ferro Corporation for the company's violations of the federal and state "new source review" provisions of the Clean Air Act (U.S. Environmental Protection Agency, 18 Mar. 2002)
{···español} Instancia decisiva en litigio con la Texaco [Ecuador]: La justicia de Estados Unidos deberá fallar esta semana sobre la procedencia de una demanda iniciada en 1993 por indígenas de Ecuador contra la compañía petrolera ChevronTexaco, a la que acusan de contaminar la selva amazónica. (Danielle Knight, Inter Press Service, in La Hora [Ecuador], 17 marzo 2002)
U.S. and Boise Cascade reach Clean Air Act settlement...Air pollution to be reduced by 95 percent [USA]: The U.S. Justice Department and the Environmental Protection Agency today announced a comprehensive Clean Air Act (CAA) agreement with wood products industry giant Boise Cascade Corporation that will require reductions of up to 95 percent of the harmful emissions from the company's eight plywood and particle board plants. (U.S. Environmental Protection Agency, 13 Mar. 2002)
Ecuador Amazon Indians appeal Texaco-case ruling: Rainforest Indians of Ecuador and Peru urged a U.S. appeals court to reinstate nine-year-old litigation against Texaco, alleging that toxic dumping devastated their environment and exposed residents to cancer-causing pollutants (Gail Appleson, Reuters, 13 Mar. 2002)
Rainforest Indians [from Ecuador] in New York for major showdown with Chevron-Texaco: Billions at stake as tribal leaders press groundbreaking lawsuit before Appeals Court - Assert Texaco ruined their rivers and land, destroying their centuries-old way of life...and dramatically increased the risk of cancer for tens of thousands of people. (Frente para la Defensa de la Amazonia, 11 Mar. 2002)
Shell to Stand Trial for 1990s Human Rights Abuses in Nigeria: A U.S. Federal Court rejected Shell's plea to dismiss a case charging the company with human rights abuses in Nigeria dating back to 1995. (William Baue, SocialFunds.com, 8 Mar. 2002)
{···español} TC define caso Texaco [Ecuador]: La suerte del juicio que los colonos e indígenas amazónicos plantearon en contra de la petrolera Texaco desde 1993 por perjuicios al medio ambiente en una corte de la ciudad de Nueva York, se definirá en los próximos días en el Tribunal Constitucional. (La Hora [Ecuador], 7 marzo 2002)
Lawsuit Against Shell for Human Rights Violations in Nigeria to Proceed: A U.S. Federal Court has ruled that a civil lawsuit [Wiwa v. Royal Dutch Petroleum Co.] charging multinational oil giant Shell with complicity in human rights violations will go forward. (EarthRights International, 5 Mar. 2002)
Ecuador hopes for settlement in ChevronTexaco case: Ecuador's attorney general said this week he is fighting to help indigenous groups settle a nine-year-old lawsuit charging that water contamination by oil giant Texaco Inc. caused more than $120 million in damages and injuries. (Manuela Badawy, Reuters, 28 Feb. 2002)
Jury decides against Monsanto, Solutia in PCB case [USA]: An Alabama jury last week ruled against Monsanto Co. and Solutia Inc. in a case seeking to repay property damages resulting from production of dangerous chemicals several decades ago (Philip Klein, Reuters, 25 Feb. 2002)
Jury finds Monsanto liable for releasing tons of PCB [USA] - Firm covered up pollution for more than 40 years: An Alabama jury has found that Monsanto Co. engaged in "outrageous" behavior by releasing tons of polychlorinated biphenyl into the city of Anniston and covering up its actions for decades, handing 3,500 local residents a huge victory in a landmark environmental lawsuit. (Michael Grunwald, Washington Post, 23 Feb. 2002)
Ecuador, Defending the Amazon (Peter Lippman, The Advocacy Project, Feb. 2002)
chapters include:
Waste Company Fined £17,000 for Offences at Arpley [UK]: Warrington Magistrates’ Court today fined 3C Waste Limited £17,000 after the company admitted three offences at its Arpley landfill site in Warrington. (Environment Agency [UK Government], 21 Jan. 2002)
Cambridgeshire welding company prosecuted [UK]: The company pleaded guilty to treating, keeping or disposing of controlled waste in a manner likely to cause pollution of the environment or harm to human health. (Environment Agency [UK Government], 21 Jan. 2002)
Companies [home building company and drainage cleaning company] fined for polluting Leeds beck [UK] (Environment Agency [UK Government], 18 Jan. 2002)
'Appalled' Magistrates fine company [a waste management company] £20,000 and praise Environment Agency [UK] (Environment Agency [UK Government], 18 Jan. 2002)
Suffolk Business [Suffolk Proteins Limited] prosecuted for watercourse pollution [UK] (Environment Agency [UK Government], 16 Jan. 2002)
Asbestosis victims take Gefco to court in quest for justice [South Africa] (Ronnie Morris, Business Report [South Africa], 15 Jan. 2002)
UK payout for asbestosis victims: British-based multinational Cape plc is expected to pay a first tranche of £21-million (about R336-million) in June to a trust set up to aid sufferers from asbestos-related diseases in South Africa. (Brendan Seery, Independent [South Africa], 12 Jan. 2002)
Air's bad, neighbors say; company denies polluting:..Residents [in 3 communities of southwest Detroit, USA] have filed a joint lawsuit against the company [National Steel Corp.], alleging it is polluting their neighborhoods. (Dan Shine & Shawn Windsor, Detroit Free Press, 11 Jan. 2002)
Californian court to hear chromium lawsuits [claims of chromium poisoning] against PG&E (Reuters, 10 Jan. 2002)
Attorneys Allege Bush Fails as an Environmental Defender [USA]: In the first year of George W. Bush's presidency, environmental protections have taken a back seat to industry concerns, according to attorneys who represent environmental groups in court. (Environment News Service, 8 Jan. 2002)
South African Asbestos Victims Settle With Cape: British-based multinational to pay €33.8m/$30.2m (ICEM - International Federation of Chemical, Energy, Mine and General Workers' Unions, 8 Jan. 2002)
The Big Ugly at Ok Tedi: In an extraordinary move, the Papua New Guinea (PNG) government has passed legislation that prevents any government agency from taking or supporting “in any way” proceedings against the mining multinational BHP-Billiton “in respect of an environmental claim” over damage caused by the Ok Tedi mine. (Bob Burton, editor of Mining Monitor, in Multinational Monitor, Jan./Feb. 2002)
Cape to compensate South Africa asbestos miners: Building materials firm Cape Plc reached a conditional deal last week to pay 21 million pounds ($30 million) to South African miners who blame it for asbestos-related diseases they contracted in the 1970s. (Rex Merrifield, Reuters, 24 Dec. 2001)
United States Announces $11.2 Million Settlement of Hazardous Waste Case Against Exxon Mobil (U.S. Environmental Protection Agency, 13 Dec. 2001)
North Carolina oil refinery, three individuals indicted [for alleged conspiracy to discharge oil into the Cape Fear River in violation of the Clean Water Act] (U.S. Environmental Protection Agency, 13 Dec. 2001)
California cattle ranch, owner, foreman plead guilty [to violating Clean Water Act; defendants admitted to discharging cattle waste without proper permits and dumping dead cattle carcasses into Elder and Willow Creeks] (U.S. Environmental Protection Agency, 13 Dec. 2001)
Blow to asbestos claimants: Britain's Court of Appeal ruled on Tuesday that people suffering from asbestos-related diseases will not receive compensation if they were exposed to the mineral fibres by more than one employer. But the ruling does not affect the claims by South Africans against Cape PLC. (News24.com [South Africa], 13 Dec. 2001)
Outrage At Png Attempt To Give BHP A Royal Farewell [Papua New Guinea]:...After permitting the company to dump 80,000 tonnes of waste a day into the Fly and Ok Tedi river system since 1984 BHP has now been given a final gift from the PNG National Government - an unrestricted legal indemnity for all the pollution and destruction it has already caused and will occur in the future as result of the continuing operation of its Ok Tedi mine. It has precipitated an unprecedented constitutional challenge by former PNG Prime Minister Sir Michael Somare. (Mineral Policy Institute and PNG NGO Environmental Watch Group, 12 Dec. 2001)
Connecticut company to pay $3 million for water violations [USA]: MacDermid Inc., a chemical manufacturer in Waterbury, Conn., pleaded guilty to four felony violations of the Clean Water Act (U.S. Environmental Protection Agency, 6 Dec. 2001)
Hungary claims $100 mln over cyanide river spill [lawsuit against Aurul, a gold smelter half-owned by Australia's Esmeralda Exploration Ltd] (Krisztina Than, Reuters, 4 Dec. 2001)
Litigation Update: A Summary of Recent Developments in U.S. Cases Brought Under the Alien Tort Claims Act and Torture Protection Act [includes updates on human rights-related lawsuits against Unocal, Chevron, Royal Dutch/Shell, Southern Peru Copper Corporation, Rio Tinto, Union Carbide, Pfizer, various U.S. apparel retailers & manufacturers of clothing produced in Saipan factories, Gap, Talisman Energy, Coca-Cola, Texaco, DynCorp, ExxonMobil] (Jennifer Green [staff attorney at Center for Constitutional Rights] and Paul Hoffman [civil rights attorney and editor of ACLU International Civil Liberties Report], in ACLU International Civil Liberties Report 2001 [American Civil Liberties Union], Dec. 2001)
House aims to put cap on asbestos liability [USA]: Pennsylvania's House of Representatives approved legislation Tuesday that limits the asbestos liability of the Philadelphia-based Crown Cork & Seal Co., which employs 1,000 Pennsylvanians, including about 267 in Fayette County. State House Republican leader John Perzel of Philadelphia claimed the company could go bankrupt because of asbestos lawsuits. (Dennis Barbagello, Pittsburgh Tribune-Review, 21 Nov. 2001)
Vaal residents claim Iscor poisoned them [South Africa]: Residents of two tiny agricultural plots in Vanderbijlpark, an industrial town in the Vaal Triangle, will square up to iron and steel giant Iscor in the Johannesburg High Court early next week. (Khadija Magardie, Mail & Guardian [South Africa], 16 Nov. 2001)
Exxon Valdez ruling frustrates Alaska plaintiffs: Plaintiffs in the 12-year court battle over the nation's worst oil spill say they are frustrated that the case will continue to drag on now that an appeals court has struck down the landmark $5 billion punitive fine assessed for the Exxon Valdez oil disaster. (Yereth Rosen, Reuters, 12 Nov. 2001)
Exxon Valdez appeals ruling stuns Alaskans: Exxon Mobil Corp.'s reprieve this week from a $5 billion punitive fine stunned and angered Alaskans who had sued the energy giant for punitive damages from the 1989 Valdez oil spill disaster (Yereth Rosen, Reuters, 9 Nov. 2001)
US court rules $5 bln Exxon Valdez award excessive: A federal appeals court yesterday overturned a $5 billion punitive damages award against Exxon Mobil Corp. in the worst oil spill in U.S. history - the 1989 Exxon Valdez disaster - and ordered a district court to set a new, lower amount (Andrew Quinn, Reuters, 8 Nov. 2001)
Illinois scrap smelter to shut doors-trade sources [USA]: Chemetco Inc., a privately held secondary copper refiner, is planning to close its smelter in East Hartford, Illinois and file for Chapter 11, according to market sources...Another source familiar with the situation said she understood that Chemetco's problems with toxic-waste dumping was it's ultimate undoing. In October last year, a federal judge fined Chemetco $3.8 million for installing a secret pipe and illegally dumping hazardous metal-filled water into a local creek for a decade. (Carole Vaporean, Reuters, 5 Nov. 2001)
comments by Freeport-McMoRan:
Freeport in Irian Jaya (Papua): A Summary of Recent Issues - August 17, 2001 (Freeport-McMoRan)
Issues & Answers: Legal Issues (Freeport-McMoRan)
French judge probes TotalFinaElf on Erika oil spill: French oil company TotalFinaElf is to be placed under judicial investigation over the sinking of its oil tanker Erika, which caused huge marine and coastal pollution in 1999, the company said this week. TotalFinaElf said French judge Dominique de Talance had told the company she intended to investigate accusations that it failed to take the necessary action to avoid the accident and for complicity in deliberate violation of safety rules...TotalFinaElf rejected the accusations, saying it was not warned the ship was unsafe and therefore the security lapse was not its fault. It also said maritime authorities, not the company, should have worked to limit pollution. (Reuters, 18 Oct. 2001)
Environment: Ecuadorians file U.S. suit over Plan Colombia - Ecuadorian Indians are taking legal action in federal court here, charging that a U.S. company that was contracted to carry out fumigation of illicit crops in neighboring Colombia recklessly sprayed their homes and farms, causing illnesses and deaths, and destroying crops. U.S.-based attorneys representing 10,000 individuals living in the Amazon rainforest near the border with Colombia filed a class action complaint against Virginia-based DynCorp Corporation in federal court here Sep. 11. A DynCorp spokesperson said the company has not been notified about the complaint and declined to comment further. (Inter Press Service, 21 Sep. 2001)
Energy-Industry's Links to Regulators, Administration Worry Environmentalists [USA]: Is the Bush administration plotting to drop lawsuits against electricity generators accused of polluting the air in violation of the Clean Air Act? (James V. Grimaldi, Washington Post, 10 Sep. 2001)
Heating Up the Globe? See You in Court: Taking a cue from broad-based, class-action lawsuits like those filed on behalf of Holocaust survivors or against tobacco companies, a group of environmental lawyers is exploring novel legal strategies to adopt against global warming...The lawyers, representing groups like Greenpeace, the World Wildlife Fund and the Natural Resources Defense Council, envision winning damages for people or whole countries that have suffered adverse effects of global warming. (Katharine Q. Seelye, New York Times, in International Herald Tribune, 7 Sep. 2001)Limits on British Columbia log exports challenged: A lawsuit has been filed against restrictions on whole log exports from private forests in Canada's largest timber-producing province, setting the stage for a new battle between the industry, its unions and environmentalists. (Allan Dowd, Reuters, 2 Aug. 2001)
Sweden's "green crime" triples: Crimes against the environment in Sweden have tripled in the last three years, with scant response from police, public prosecutors said yesterday. (Reuters, 1 Aug. 2001)
Environmentalists sue to halt federal clean water violations by Pacific Lumber Co. in Northern California: Charging that Pacific Lumber Company is illegally dumping pollution and violating the Clean Water Act, the Environmental Protection Information Center ("EPIC") filed a federal lawsuit today in the United States District Court to challenge logging operations in one of the most imperiled watersheds on California's North Coast. (Earthjustice and Environmental Protection Information Center, 25 July 2001)
Earthjustice lawsuit challenges EPA's failure to crack down on supertoxins: EPA [U.S. Environmental Protection Agency] Fails to Protect Americans from Worst of Toxic Air Pollutants - Continuing to stress the need for stronger and timelier implementation of clean air safeguards, Earthjustice today filed the third of seven lawsuits challenging the federal government’s chronic failure to protect Americans from the health hazards of toxic air pollution. Representing Sierra Club, Earthjustice is filing one lawsuit each day for a week, to compel EPA to do its job. Today’s lawsuit focuses specifically on supertoxins – dioxins, PCBs, and mercury as well as four other pollutants that Congress singled out for especially careful regulation. (Earthjustice, 18 July 2001)
Washington State/Alaska company sentenced in asbestos case: Great Pacific Seafood and Stiles pleaded guilty to having five of its employees directly or indirectly exposed to asbestos fibers without the proper training, equipment or protective clothing. The hazardous nature of abatement was never disclosed to two of the employees. (U.S. Environmental Protection Agency, 12 July 2001)Virginia company, former official sentenced: On June 20, Rehrig International Inc. [metals company] pleaded guilty to negligently violating the Clean Water Act (CWA) and was ordered to pay a $200,000 fine and provide $300,000 for pollution prevention and control activities. (U.S. Environmental Protection Agency, 28 June 2001)
BHP mine in Papua New Guinea:
BHP washes its hands of Dead River [Papua New Guinea]: BHP Billiton today washed its hands of responsibility for the damage its Ok Tedi mine is creating (Mineral Policy Institute, 8 Feb. 2002)
Outrage At Png Attempt To Give BHP A Royal Farewell [Papua New Guinea]:...After permitting the company to dump 80,000 tonnes of waste a day into the Fly and Ok Tedi river system since 1984 BHP has now been given a final gift from the PNG National Government - an unrestricted legal indemnity for all the pollution and destruction it has already caused and will occur in the future as result of the continuing operation of its Ok Tedi mine. It has precipitated an unprecedented constitutional challenge by former PNG Prime Minister Sir Michael Somare. (Mineral Policy Institute and PNG NGO Environmental Watch Group, 12 Dec. 2001)
PNG landowners demand Australia fund mine clean-up: Landowners in Papua New Guinea called on Australia yesterday to pay the bill for what they called environmental destruction caused by BHP's Ok Tedi copper mine if the company walked away without cleaning up (Gary Cox, Reuters, 27 June 2001)
OK Tedi (Slater & Gordon, solicitors for plaintiffs)
500 PNG clans join Ok Tedi suit against BHP (Barry Fitzgerald, Sydney Morning Herald, 12 June 2000)
comments by advocates for plaintiffs: Ok Tedi 2 (Slater and Gordon, solicitors for plaintiffs, 11 Apr. 2000)
comments by Broken Hill Proprietary: Legal Action on Ok Tedi Misconceived: BHP (BHP, 11 Apr. 2000)
Writ lodged over BHP Ok Tedi mine (Australian Broadcasting Corporation, 11 Apr. 2000)
BHP's Big Mining Mess (Danny Kennedy, Multinational Monitor, Apr. 2000)
World Bank echoes calls for Ok Tedi closure (Mineral Policy Institute, 7 Mar. 2000)
Statement by Papua New Guinea groups on Ok Tedi (August 1999)
One of World's Worst Mine Disasters Gets Worse (Mineral Policy Center, Mining Watch Canada, Mine Watch UK, 11 Aug. 1999)
Abstract: The Ok Tedi Settlement: Issues, Outcomes and Implications (Glenn Banks and Chris Ballard, 1997)
OK Tedi Truce (Mining Monitor, vol. 1, no. 3, 1996)
Cleaning up Ok Tedi: Settlement Favors Yonggom People (Stuart Kirsch, Journal of the International Institute, vol. 4, no. 1, fall 1996)
BP: case in U.S. court regarding the company's conduct in U.S. state of Alaska:
comments by advocates for plaintiffs: Greenpeace, Inupiat Eskimos Launch Court Challenge Against BP Amoco's Arctic Oil Drilling [update] (Greenpeace USA, 30 Mar. 2000)
comments by advocates for plaintiffs: Inupiat Eskimos and Greenpeace go to court to challenge BP Amoco oil drilling in the Arctic Ocean (Greenpeace, Oct. 1999)
comments by BP: Northstar and the Native community (BP)
Cambior: case in Canada court regarding the company's conduct in Guyana:
comments by advocates for plaintiffs:
A background report: The Omai Gold Mine Disaster (Public Interest Research Associates/Recherches Internationales Québec, 30 Mar. 1997)
Guyana Legal Defense Fund (26 Mar. 1997)
comments by Cambior: Cambior secures dismissal of Omai-related class action (Cambior, 17 Aug. 1998)
Recent news articles and letters to editor regarding Omai gold mine case (S.D. Smith, Guiana Shield, Aug. 1999)
Cambior case a battle of witnesses (Philip Preville, Montreal Mirror, 3 Sep. 1998)
Canadian Mining Company Taken to Court (Inter Press Service, 23 June 1998)
Mining spill? What mining spill? (Francois Shalom, The Gazette [Montreal], 3 June 1998)
Cape plc: case in U.K. court regarding the company's conduct in South Africa:
South African Asbestos Victims Settle With Cape: British-based multinational to pay €33.8m/$30.2m (ICEM - International Federation of Chemical, Energy, Mine and General Workers' Unions, 8 Jan. 2002)
Cape plc Opens Talks With South African Asbestos Victims: First breakthrough in compensation campaign? - Cape mined asbestos in South Africa for almost a century. "Children were employed, unprotected, in the most hazardous tasks of sorting asbestos with their bare hands and trampling it with their bare feet," recalled ICEM General Secretary Fred Higgs in letters last month to Montpellier and other major shareholders. "Due to the atrocious conditions at the mines and mills, thousands of South Africans developed the fatal asbestos cancer, mesothelioma, and the debilitating disease of asbestosis." (International Federation of Chemical, Energy, Mine and General Workers' Unions [ICEM], 6 Nov. 2001)
Compensate South African Victims, Cape plc Told: Multinational should settle now with asbestos claimants, world union says -...Cape closed its British asbestos factory in 1968, due to the high incidence of asbestos-related diseases. But it kept its South African operation running for another decade after that, and lobbied the apartheid regime to suppress information about the health risks. (ICEM, the International Federation of Chemical, Energy, Mine and General Workers' Unions, 24 Oct. 2001)
Justice delayed for a childhood in asbestos: South Africans seek belated compensation [from British company Cape PLC] for their apartheid-era exploitation (Chris McGreal, Guardian [UK], 4 June 2001)
Trial date set, as Cape [British asbestos company Cape PLC] hints at settlement (ACTSA [Action for South Africa], 22 May 2001)
Cape [British asbestos company Cape PLC] shamed at AGM [annual general meeting] (ACTSA [Action for South Africa], 10 May 2001)
Apartheid's Killer Legacy [regarding the conduct of British asbestos company Cape PLC in South Africa] (ACTSA [Action for South Africa], Apr. 2001)
"Landmark Law Lords ruling on jurisdiction over companies" (Human Rights & Business Matters, newsletter of Amnesty International UK Business Group, autumn 2000/winter 2001)
Global Asbestos Justice: South African Asbestos Victims Win Right to Sue Cape plc in UK Courts (Laurie Kazen-Allen, Multinational Monitor, Sep. 2000)
"Companies with nowhere to hide" (Richard Meeran [solicitor for claimants], The Times [London], 1 Aug. 2000)
"Landmark victory for asbestos litigants" (Daily Mail and Guardian [Johannesburg], 21 July 2000)
Full text of the House of Lords judgment in the Cape plc case (House of Lords, 20 July 2000)
"Bringing the Multinationals to Book" (The Observer [U.K.] Comment, 18 June 2000)
Dow Chemical-Bhopal [see Union Carbide, below]
DynCorp: Case in U.S. court regarding the company's conduct in Ecuador & Colombia:
Freeport-McMoRan: case in U.S. court regarding the company's conduct in West Papua (Indonesia):
full text of class action complaint in case of Beanal v. Freeport-McMoRan (29 April 1996)
full text of Appellate Court's decision affirming lower court's dismissal of Beanal's claims (29 Nov. 1999)
Speech by plaintiff Tom Beanal (at Loyola University, 28 Apr. 1997, in Austin Chronicle)
comments by Freeport-McMoRan:
Freeport in Irian Jaya (Papua): A Summary of Recent Issues - August 17, 2001 (Freeport-McMoRan)
Issues & Answers: Legal Issues (Freeport-McMoRan)
West Papua Information Kit: "Mining" (Australia West Papua Association, Sydney)
Indonesia uses British jets to attack tribesmen (Richard Lloyd Parry, Independent [UK], 7 Oct. 2000)
What's Yours Is Mine [reporting on memorandum of understanding between Tom Benal and Freeport's CEO] (Robert Bryce, Austin Chronicle, 1 Sep. 2000)
Freeport-McMoRan: A Pit of Trouble - Can the miners make peace with critics of its West Papua operation? (Business Week, 31 July 2000)
Beanal v. Freeport-McMoran, Inc.: ANATOMY OF AN INTERNATIONAL ENVIRONMENTAL TORT CASE (Ethan Jessup, New England International & Comparative Law Annual, Vol. 5, 1999)
Mining for Disaster (Robert Bryce, Austin Chronicle, 10 Dec. 1999)
Scraping Bottom: Freeport McMoRan in Irian Jaya (NGO Taskforce on Business and Industry, 1997)
Spinning Gold (Robert Bryce, Mother Jones, Sep./Oct. 1996)
Freeport-McMoRan's response: Who's Spinning Whom? (in "Backtalk", Mother Jones, Nov./Dec. 1996)
From Austin to Indonesia: Independent Reports on Human Rights Abuses by the Suharto Regime Come Home to Texas (Robert Bryce, Texas Observer, 17 Nov. 1995)
Freeport-McMoRan's response: Letter to the Observer Editors (from Thomas Egan, Senior Vice President, Freeport-McMoRan, in Texas Observer, 12 Jan. 1996)
The Observer Editors Respond to Freeport (Texas Observer, 12 Jan. 1996)
Freeport writes a letter (letter to the Editors, from Thomas Egan, Senior Vice President, Freeport-McMoRan, in Texas Observer, 14 June 1996)
Primitive People: The Editors respond to Freeport. (Again.) (Texas Observer, 14 June 1996)
Rio Tinto: case in U.S. court regarding the company's conduct in Bougainville - Papua New Guinea:
Litigation Update: A Summary of Recent Developments in U.S. Cases Brought Under the Alien Tort Claims Act and Torture Protection Act [includes update on lawsuit against Rio Tinto] (Jennifer Green [staff attorney at Center for Constitutional Rights] and Paul Hoffman [civil rights attorney and editor of ACLU International Civil Liberties Report], in ACLU International Civil Liberties Report 2001 [American Civil Liberties Union], Dec. 2001)
"Oceanic Islanders Use Federal Law to Sue British Mining Giant Rio Tinto for Alleged Ecocide and Human Rights Crimes" (Business Wire, 6 Sep. 2000)
Shell: case in U.S. court regarding the company's conduct in Nigeria [alleged complicity in human rights abuses]:
Wiwa v. Royal Dutch Petroleum (Shell) [webpage summarising the case] (EarthRights International)
Shell to Stand Trial for 1990s Human Rights Abuses in Nigeria: A U.S. Federal Court rejected Shell's plea to dismiss a case charging the company with human rights abuses in Nigeria dating back to 1995. (William Baue, SocialFunds.com, 8 Mar. 2002)
Lawsuit Against Shell for Human Rights Violations in Nigeria to Proceed: A U.S. Federal Court has ruled that a civil lawsuit [Wiwa v. Royal Dutch Petroleum Co.] charging multinational oil giant Shell with complicity in human rights violations will go forward. The ruling in Wiwa v. Royal Dutch Petroleum Co. (EarthRights International, 5 Mar. 2002)
Litigation Update: A Summary of Recent Developments in U.S. Cases Brought Under the Alien Tort Claims Act and Torture Protection Act [includes update on lawsuit against Royal Dutch/Shell] (Jennifer Green [staff attorney at Center for Constitutional Rights] and Paul Hoffman [civil rights attorney and editor of ACLU International Civil Liberties Report], in ACLU International Civil Liberties Report 2001 [American Civil Liberties Union], Dec. 2001)
Court clears way for relatives to sue Shell over Saro-Wiwa's death (Andrew Buncombe, Independent [UK], 27 Mar. 2001)
Shell appeal over Nigerian executions rejected (Patti Waldmeir and David Buchan, Financial Times, 26 Mar. 2001)
"Shell to face US lawsuit for Saro-Wiwa execution: Anglo-Dutch oil company fails to have a multi-million pound civil claim by Nigerian emigres thrown out by New York appeal court" (Karen McGregor, Independent [UK], 19 Sep. 2000)
"US court to hear Ogoni rights case against Shell" (Reuters, 14 Sep. 2000)
full text of September 2000 decision by U.S. appellate court in case of Wiwa v. Royal Dutch Petroleum, ruling that the lower court erred when it dismissed the complaint on jurisdictional grounds (U.S. 2nd Circuit Court of Appeals, 14 Sep. 2000)
Amended complaint in case of Wiwa v. Royal Dutch Petroleum (29 Apr. 1997)
Shell: Case in Nigerian court regarding the company's environmental conduct in Nigeria:
Texaco (now ChevronTexaco): case in U.S. court regarding the company's conduct in Ecuador:
{···español} Instancia decisiva en litigio con la Texaco [Ecuador]: La justicia de Estados Unidos deberá fallar esta semana sobre la procedencia de una demanda iniciada en 1993 por indígenas de Ecuador contra la compañía petrolera ChevronTexaco, a la que acusan de contaminar la selva amazónica. (Danielle Knight, Inter Press Service, in La Hora [Ecuador], 17 marzo 2002)
Ecuador Amazon Indians appeal Texaco-case ruling: Rainforest Indians of Ecuador and Peru urged a U.S. appeals court to reinstate nine-year-old litigation against Texaco, alleging that toxic dumping devastated their environment and exposed residents to cancer-causing pollutants (Gail Appleson, Reuters, 13 Mar. 2002)
Rainforest Indians [from Ecuador] in New York for major showdown with Chevron-Texaco: Billions at stake as tribal leaders press groundbreaking lawsuit before Appeals Court - Assert Texaco ruined their rivers and land, destroying their centuries-old way of life...and dramatically increased the risk of cancer for tens of thousands of people. (Frente para la Defensa de la Amazonia, 11 Mar. 2002)
{···español} TC define caso Texaco [Ecuador]: La suerte del juicio que los colonos e indígenas amazónicos plantearon en contra de la petrolera Texaco desde 1993 por perjuicios al medio ambiente en una corte de la ciudad de Nueva York, se definirá en los próximos días en el Tribunal Constitucional. (La Hora [Ecuador], 7 marzo 2002)
Ecuador hopes for settlement in ChevronTexaco case: Ecuador's attorney general said this week he is fighting to help indigenous groups settle a nine-year-old lawsuit charging that water contamination by oil giant Texaco Inc. caused more than $120 million in damages and injuries. (Manuela Badawy, Reuters, 28 Feb. 2002)
Litigation Update: A Summary of Recent Developments in U.S. Cases Brought Under the Alien Tort Claims Act and Torture Protection Act [includes update on lawsuit against Texaco] (Jennifer Green [staff attorney at Center for Constitutional Rights] and Paul Hoffman [civil rights attorney and editor of ACLU International Civil Liberties Report], in ACLU International Civil Liberties Report 2001 [American Civil Liberties Union], Dec. 2001)
Chevron's Board Urged to Disclose Texaco's Liabilities in the Ecuadorian Amazon in the Merger Proceedings: Evidence Detailing More than Three Hundred and Fifty Contaminated Sites Handed to Chevron's Chairman (Amazon Watch, 26 Apr. 2001)
Texaco on Trial (Eyal Press, The Nation, 31 May 1999)
Colonos' complaint (Emily Walmsley, Index on Censorship, 8 Aug. 1997)
comments by advocates for plaintiffs: "Aguinda v. Texaco, Jota v. Texaco: Questions & Answers"
comments by Texaco: "Ecuador: Legal Archives"
Union Carbide: cases in courts of India and U.S. regarding the company's conduct in India:
Negligence caused Bhopal disaster: Report - Negligence by Union Carbide and not sabotage was responsible for the Bhopal gas disaster, the British journal New Scientist said on Thursday basing its conclusion on documents just released in the United States. (Times of India, 5 Dec. 2002)
Dow Shall Be Liable [India] - More than 500 survivors of the Union Carbide 1984 gas leak from Bhopal protested outside the Dow headquarters in Mumbai, accusing the Michigan-based company of double standards and racism (Darryl D'Monte and Nityanand Jayaraman, CorpWatch India, 8 Apr. 2002)
The Winds Of Liability in Bhopal [India] [refers to Union Carbide and Dow Chemical] (Dilip D'Souza, special to CorpWatch India, 25 Mar. 2002)
Litigation Update: A Summary of Recent Developments in U.S. Cases Brought Under the Alien Tort Claims Act and Torture Protection Act [includes update on lawsuit against Union Carbide] (Jennifer Green [staff attorney at Center for Constitutional Rights] and Paul Hoffman [civil rights attorney and editor of ACLU International Civil Liberties Report], in ACLU International Civil Liberties Report 2001 [American Civil Liberties Union], Dec. 2001)
Bhopal's Legacy:...Survivors' organisations believe that a November 15, 2001, decision of the US Second Circuit Court of Appeals affirms their claims of environmental damages due to Union Carbide's routine pollution in Bhopal. This, they say, is likely to have far-reaching consequences for Dow Chemical, which took over Union Carbide earlier this year. (Sandhya Srinivasan, CorpWatch, 6 Dec. 2001)
Bhopal: "Legal update" (WWW.BHOPAL.NET)
Bhopal Survivors Target Dow Chemical: Launch New Campaign (National Campaign for Justice in Bhopal, 28 Feb. 2001)
"USA: Carbide CEO Fugitive in Bhopal Suit" (C. Hedges, New York Times, 7 Mar. 2000)
"Union Carbide Sued in U.S. for 1984 Bhopal Gas Release" (F. Noronha, Environment News Service, 16 Nov. 1999)
Bhopal and the Age of Globalization (Gary Cohen, Nov. 1999)
Bhopal disaster lingers after nearly 15 years (Danielle Knight, Inter Press Service, 22 June 1999)
An Unending Nightmare: Union Carbide in Bhopal (NGO Taskforce on Business and Industry, 1997)
Book review/summary of The Uncertain Promise of Law: Lessons from Bhopal (Jamie Cassels, University of Toronto Press, 1993)