Royal Dutch Shell plc .com Rotating Header Image

Posts Tagged ‘Chevron’

Debate continues on Big Oil’s big profits

February 7, 2012, 2:23 p.m

The five so-called “super major” oil companies — Exxon Mobil, Royal Dutch Shell, ConocoPhillips, Chevron and BP– have just wrapped up their fourth quarter earnings reports, but not without inspiring disdain over how they made those billions in profits and over what they were doing with them.

Under the title “Big Oil’s Banner Year,” the Washington-based Center for American Progress on Tuesday, for example, pointed out that the five firms made a fourth-quarter record $137 billion in profits while producing less oil than they did the previous year.

The center said that the oil companies produced 15.6 million barrels a day in the fourth quarter compared to 16.2 million barrels a year earlier. The center also said that the oil giants were sitting on $58 billion in cash reserves while enjoying federal tax reductions they didn’t deserve.

“Instead of using their additional earnings to increase production or investment in alternative fuels,” the report said, the oil companies “used $38 billion, or 28% of annual net income, to repurchase their own stocks and invested in politicians to maintain the policies that led to their enormous profits over the past decade.”

The center also complained that the profits were reported during a year in which Americans paid the highest fuel bills on record for products like retail gasoline. The Center for American Progress’ data and its report can be found here.

But an official with the American Petroleum Institute said that Americans should be celebrating the same success, at least for Irving, Texas-based Exxon Mobil, San Ramon, Calif.-based Chevron and Houston based ConocoPhillips.

“When these companies do well, the tens of millions of Americans who have pension plans and 401(k)s that invest in oil companies also benefit,” said Rayola Dougher, senior economic advisor at the institute. “Over 97% of the ownership in these companies are in IRA accounts, pension plans, mutual funds, and individual investor accounts.”

Dougher said that California’s pension plans for public employees, for example, had about 4.4% of their investments in the oil industry between 2005 and 2009 and obtained a 17.1% return on them.

RELATED:

ExxonMobil profits up 2%

Brown fires oil industry regulator

Profits soar for Occidental, ConocoPhillips

Copyright © 2012, Los Angeles Times

SOURCE ARTICLE

Can Big Oil Repeat Its Big Year?

JANUARY 23, 2012

By LIAM DENNING

Even today, $1.67 trillion is a lot of money. That is the amount wiped off the combined market capitalization of the top 50 energy companies between the end of 2007 and the end of 2011. Breaking it down offers big clues on Big Oil’s prospects for 2012.

Every year, PFC Energy, a Washington, D.C.-based consultancy, ranks the top 50 listed energy companies in the world by market value. The latest, due Monday, has a surprise. The biggest gainers in 2011 were the dinosaurs of oil and gas: the supermajors. Their collective value increased by 8%, compared with a 7% decline for the PFC Energy 50 overall. It is only the second time they have led the field in the ranking’s 13-year history.

Conventional wisdom holds this shouldn’t be the case. Faith in the supermajors—Exxon Mobil, Chevron, Royal Dutch Shell, BP, ConocoPhillips and Total—has waned as state-backed rivals like PetroChina have emerged and smaller competitors have opened up new frontiers like U.S. shale. Seemingly too big to grow but too small to offset the power of petro-states, the supermajors have been priced for decline.

Why did investors fall in love with them again in 2011? First and foremost: security. The S&P 500 ended 2011 down slightly after wild swings. In choppy markets, scale and cash payouts provide comfort. And the supermajors, with a collective value of $1.2 trillion at year end, provide it in spades. The three U.S. ones alone paid out 9% of all S&P 500 dividends and buybacks in the year ended September 2011, according to data from Standard & Poor’s and Capital IQ.

So how about that missing $1.67 trillion? It is gone despite the average price of Brent crude being 53% higher in 2011 than in 2007 (and 13% higher than in 2008, year of the super-spike). About half of that market value was lost by listed state-controlled national oil companies, or NOCs, like PetroChina. State support has its advantages, but it also means NOCs serve two masters: markets and mandarins. That makes them riskier investments.

While the NOCs in the ranking lost 44% of their value between 2007 and 2011, the supermajors declined by just 22%.

But it isn’t just safety that helped the supermajors lead the charge in 2011. Chevron, Exxon and Shell likely all delivered cash flow per share growth of 30% in 2011, well ahead of the traditional growth stocks of the exploration and production sector, according to Credit Suisse.

Ed Westlake, analyst at Credit Suisse, says the oil majors are more sensitive to oil prices than many investors think. In part, that is because much of their global natural-gas production is sold at prices linked to oil, rather than at the depressed, de-linked levels that prevail in the U.S.

This year, the supermajors are forecast to make $67 billion in free cash flow, according to FactSet Research Systems. That is down slightly from 2011′s expectation but still equates to a healthy free cash flow yield of 5.6%.

Goldman Sachs points out, however, that unlike a year ago, supermajor stocks enter 2012 trading at a slight premium to their smaller integrated oil peers. That, coupled with the fact that 2011′s cash-flow surge is unlikely to be repeated, means some investors’ gains may be redeployed into other energy stocks.

It seems unlikely that the supermajors will register the biggest gains in the PFC Energy 50 2012. That doesn’t make them a bad investment. With markets still unsettled—Europe, in particular, remains unpredictable—Big Oil will likely remain a safe haven. Stocks don’t always have to be the biggest winners to be reliable repositories of value.

Write to Liam Denning at liam.denning@wsj.com

SOURCE ARTICLE

Canadian Exposure Critical to Growth at Chevron and Royal Dutch Shell

NEW YORK, NY–(Marketwire -01/09/12)- The oil and gas sector is set to play a big political role this election year as President Obama must decide whether or not to approve the controversial Keystone Pipeline which would send tar sands crude from Alberta to Texas. Originally, the Obama administration announced that it would delay a final decision in order to complete additional environmental studies. However Republicans in Congress are seeking to force Obama’s hand as the pipeline has become a cause for Republican presidential candidates. The Paragon Report examines the outlook for companies in the Oil and Gas sector and provides equity research on Chevron Corporation (NYSE: CVXNews) and Royal Dutch Shell PLC (NYSE: RDS-ANews) (NYSE: RDS-BNews) (LSE: RDSA.LNews) (LSE: RDSB.LNews). Access to the full company reports can be found at:

www.paragonreport.com/CVX

www.paragonreport.com/RDS

Last week at his annual “State of American Energy” speech, American Petroleum Institute head Jack Gerard proclaimed that President Obama faces “huge political consequences” if he does not approve the proposed 1,700-mile Keystone XI pipeline that would link Alberta’s oil stands to refineries on the U.S. Gulf Coast. The Obama administration must decide by February 21 to accept or deny a permit for the project.

FULL ARTICLE

Shell accused of price fixing cartel, again

Hearing on Shell plea set Jan. 17

Philippine Daily Inquirer: Monday, January 9th, 2012

The Court of Appeals has calendared for hearing a pending petition of Pilipinas Shell Petroleum Corp. questioning a Manila regional trial court’s resolution that ordered the Big Three oil companies to open their books of account to government audit amid allegations of price fixing.

In setting the hearing for Jan. 17, the appellate court cited the “far-reaching effects to the public” of Shell’s petition that seeks to void the April 27, 2009, order of Manila RTC Branch 26 Judge Silvino Pampilo.

“Considering the importance of the issues involved, its far-reaching effects on the public…this court deems it necessary to set the case hearing,” read a two-page resolution penned by Presiding Justice Andres Reyes.

The Court of Appeals said that conducting a formal inquiry on the matter would allow it to “make a more judicious evaluation of the pending incidents in the present action.”

In his order, Pampilo had granted a petition by the Social Justice Society (SJS) and directed Pilipinas Shell, Petron Corp. and Chevron Philippines Inc. to allow the government to scrutinize their books of account.

SJS and various sectors had accused the three major oil firms of forming a cartel and manipulating the prices of oil products which had skyrocketed. Marlon Ramos

SOURCE ARTICLE

RELATED

Shell Price Fixing

Sir Henri Deterding, the Dutch oil baron, built the Royal Dutch Shell group on oil price fixing and cartel activity. The Glyn Roberts biography of Sir Henri contains several references to what is described as Sir Henri’s “moralizing references to honest trading” and to “sound business principles”. Deterding was in fact a hypocrite who, as the dictatorial leader of Shell, became an important financial supporter of Hitler and Nazi Germany, partly in a quest to build a cartel position in synthetic gasoline with Shell’s notorious cartel partner, I.G. Farben. Sir Henri was also intent on securing during his face-to-face discussions with Hitler, a monopoly for Royal Dutch and Shell Companies in respect of petrol distribution in Germany.

Shell price fixing and market manipulation activity has continued through the decades.

New York Times: “Shell to Pay $180 Million” (Price fixing case): 3 Jan 1987

New York Times: “California Oil Price-Fixing Case Settled”: 17 August 1991

New York Times: Settlement for Coral Power: 15 November 2003

Bloomberg: Shell, Unipetrol, Bayer Are Sued Over Rubber Cartel (Update2): 20 May 2008

May 20 (Bloomberg) — Cooper Tire & Rubber Co., the second- largest U.S. tiremaker, and 25 other companies sued Unipetrol AS, units of Royal Dutch Shell Plc, Bayer AG, and as many as 20 others over an alleged rubber cartel in Europe.

Unipetrol and units of Shell, Dow Chemical Co., Eni SpA and Trade-Stomil Sp were fined a total of 519 million euros ($813 million) in a 2006 European Union antitrust case over material used to make tires and shoes. The companies are appealing.

Reuters: EU fines “paraffin mafia” wax makers’ cartel: 1 October 2008

The Times: ‘Paraffin mafia’ comes unstuck after €676m fines: 2 October 2008

Guardian: ‘Paraffin mafia’ firms given £500m fines for price-fixing: 2 October 2008

Financial Times: Brussels fines paraffin wax cartel: 2 October 2008

The Wall Street Journal: Wax Price-Fixing Is Alleged: 2 October 2008

Financial Post (Canada): GREECE FINES BP, SHELL $80M FOR PRICE-FIXING: 26 November 2008

ChannelNewsAsia: Greece fines BP, Shell for price-fixing: 26 November 2008

International Herald Tribune: Greece: BP, Shell fined for competition breaches: 25 November 2008

Bloomberg: Chevron, Total, Exxon, Shell Fined on Air France Fuel: price fixing cartel: 4 Dec 2008 (Exxon Mobil Corp., Royal Dutch Shell PLC, Chevron fined 41.1 million euros ($52 million) by the French antitrust authority for fixing the price of fuel for certain Air France-KLM Group flights.)

Shell, Dow lose court challenge to EU antitrust fine: 13 July 2011: Reuters

Extracts

(Reuters) – Royal Dutch Shell (RDSa.L) and Dow Chemical (DOW.N) lost a court appeal on Wednesday against a fine levied by EU regulators five years ago for taking part in a cartel

…the Court upheld the 160.88 million euro fine on the Royal Dutch Shell group.

Shell involvement in uranium price fixing cartel

NEWS HEADLINES FILE FOR ROYAL DUTCH SHELL RESERVES FRAUD (MARKET ABUSE)

Ecuador appeals court rules against Chevron in oil case

4 January 2012

An Ecuadorean appeals court has upheld a ruling that Chevron should pay damages totalling $18.2bn (£11.5bn) over Amazon oil pollution.

Chevron said the judgement was “illegitimate” and “a fraud”.

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

The original ruling ordered Chevron to pay $8.6bn in damages, which was more than doubled after the company failed to make a public apology.

“We ratify the ruling of February 14 2011 in all its parts, including the sentence for moral reparation,” the court in the Amazonian city of Lago Agrio said in its ruling, according to Reuters.

Long-running battle

In a statement released in response, Chevron said the decision was a “glaring example of the politicization and corruption of Ecuador’s judiciary”. It said it would continue to seek recourse through proceedings outside Ecuador.

The decision is the latest twist in a long-running legal battle between Chevron and the Ecuadorean plaintiffs.

The lawsuit was brought on behalf of 30,000 Ecuadoreans, in a case which has dragged on for years.

Ecuadorean indigenous groups said Texaco dumped more than 18bn gallons (68bn litres) of toxic materials into unlined pits and rivers between 1972 and 1992.

But Chevron says Texaco spent $40m cleaning up the area during the 1990s, and signed an agreement with Ecuador in 1998 absolving it of any further responsibility.

In September, a US appeals court overturned a decision to block the collection of the fine from the company.

Plaintiffs, who had agreed not to attempt to collect the damages until the appeals process was completed in Ecuador, welcomed Tuesday’s ruling.

“This [ruling] confirms and ratifies that the company polluted and affected the Amazon,” they said in a statement.

“It is necessary to clarify that no amount will be enough to repair all the crime they did in our area, nor will it be enough to bring the dead back to life.”

Ecuador’s President Rafael Correa described the dispute as a “David and Goliath” battle.

“I think justice has been done,” he said after the ruling was announced.

“The harm that Chevron caused to the Amazon cannot be denied.”

Chevron has challenged the fine, arguing that lawyers and supporters of the indigenous groups who brought the case conspired to fabricate evidence.

In a previous separate case, international arbitrators ordered the Ecuadorean government to pay $96m to Chevron because Ecuador’s courts had violated international law as a result of delays in resolving commercial disputes involving Texaco.

SOURCE ARTICLE

RELATED ARTICLES

Deep Gulf drilling thrives 18 mos. after BP spill

By JONATHAN FAHEY, AP Energy Writer: 30 December 2011

ALAMINOS CANYON BLOCK 857, GULF OF MEXICO (AP) — Two hundred miles off the coast of Texas, ribbons of pipe are reaching for oil and natural gas deeper below the ocean’s surface than ever before.

These pipes, which run nearly two miles deep, are connected to a floating Shell platform that is so remote they named it Perdido, which means “lost” in Spanish. What attracted Shell to this location is a geologic formation found throughout the Gulf of Mexico that may contain enough oil to satisfy U.S. demand for two years.

While Perdido is isolated, it isn’t alone. Across the Gulf, energy companies are probing dozens of new deepwater fields thanks to high oil prices and technological advances that finally make it possible to tap them.

The newfound oil will not do much to lower global oil prices. But together with increased production from onshore U.S. fields and slowing domestic demand for gasoline, it could help reduce U.S. oil imports by more than half over the next decade.

Eighteen months ago, such a flurry of activity in the Gulf seemed unlikely. The Obama administration halted drilling and stopped issuing new permits after the explosion of a BP well killed 11 workers and caused the largest oil spill in U.S. history.

But the drilling moratorium was eventually lifted and the Obama administration issued the first new drilling permit in March. Now the Gulf is humming again and oil executives describe it as the world’s best place to drill.

“In the short term and the medium term, it’s clearly the Gulf of Mexico,” says Matthais Bichsel, a Royal Dutch Shell PLC board member who is in charge of all of the company’s new projects and technology.

By early 2012 there will be more rigs in the Gulf designed to drill in its “deep water” — defined as 2,000 feet or deeper — than before the spill.

In November, Perdido began pumping oil from a field called Tobago; the well begins 9,627 feet below the surface of the Gulf. No other well on the globe produces oil in deeper water and that’s about as deep as the Gulf gets. For drillers, that means the entire Gulf is now within reach.

“We are at the point where … depth is not the primary issue anymore,” says Marvin Odum, the head of Royal Dutch Shell’s drilling unit in the Americas. “I do not worry that there is something in the Gulf that we cannot develop … if we can find it.”

From a distance, Perdido looks like an erector set perched on an aluminum can. This can, or “spar,” is a 500-foot-tall steel cylinder that sits mostly underwater, serving as a base for the equipment and living quarters above. It is stuffed with iron ore to lower its center of gravity, keeping the whole operation from bobbing in the water like a cork. The spar is tethered to the sea floor 8,000 feet below with ropes and chains.

Oil and natural gas are pumped to Perdido from nearby wells drilled by an onboard rig and from faraway wells drilled by satellite rigs. Water and other impurities are then removed from the oil and gas, which gets sent hundreds of miles through an undersea pipeline to terminals and refineries along the Gulf coast.

Perdido, which pumps the equivalent of 60,000 barrels of oil and natural gas a day, will eventually yield 100,000 barrels per day from 35 wells in a 30-mile radius, according to Shell. It will likely produce oil for decades — in all, as much as 360 million barrels of oil and 750 billion cubic feet of natural gas, according to Wood Mackenzie.

As global oil demand climbs past 89 million barrels a day and traditional onshore and shallow water fields are depleted, the deep waters of the Gulf and off the coasts of South America, West Africa and Australia are playing an increasingly important role.

In 2000, 1.5 million barrels of oil per day were produced from deepwater fields around the globe, or 2 percent of global production. In 2011, that number grew to 5.5 million barrels, or 6 percent of global production. By 2020, deepwater oil will account for 9 percent, according to IHS CERA.

The Gulf is attractive for many reasons. Its oil fields are enormous; it straddles the world’s biggest consumer of oil; it’s in a politically stable part of the world; and drillers can easily tap into a vast network of pipelines and refineries. Also, despite industry complaints, the cost of royalties, taxes and regulation in the U.S. are among the lowest in the world.

“Everybody wants to be there,” says Mohammad Rahman, the lead Gulf analyst for Wood Mackenzie.

By early 2012, there will be 40 deepwater rigs in the Gulf, up from 37 before the BP spill, according to Cinnamon Odell of ODS-Petrodata. BP received its first permit to drill in late October.

The Gulf produces an average of 1.5 million barrels of oil per day, according to Wood Mackenzie. That’s 27 percent of U.S. output and 8 percent of U.S. demand.

Thanks to more accurate imaging technologies, drillers are able to see under geologic formations that used to confound geologists. In June, ExxonMobil Corp. said it found 700 million barrels of oil — one of the biggest discoveries in the Gulf in last decade. In September, Chevron and BP also announced major finds, thought to be in the hundreds of millions of barrels of oil.

Many of the Gulf’s recent discoveries are in a geologic formation known as the Lower Tertiary, formed between 23 million and 65 million years ago. Perdido, which is operated by Shell and owned jointly by Shell, Chevron and BP, is the first to produce oil from this formation. Analysts say it could hold 15 billion barrels of oil.

As the BP disaster made clear, drilling in deep water presents difficulties and dangers. Last month a Chevron well in the deep waters off of Brazil ruptured and spilled 2,400 barrels of oil into the Atlantic after Chevron underestimated the pressure of the oil field it was tapping.

Perdido only recently reached its monthly production target after a year of operation because of difficulties getting oil and gas from the seabed to the platform. New devices designed to separate oil and gas on the sea floor have not performed as well as Shell hoped. It has taken months of adjustments made by underwater robots and other equipment on the platform to fix the problems.

Challenges like this have helped push the average cost of producing oil in the deepwater Gulf to $60 a barrel, according to IHS CERA, near the highest level ever. But with oil close to $100 a barrel, the expense is well worth it.

After all 35 wells are drilled for Perdido, its owners will likely have spent $6.2 billion on the project, according to Wood Mackenzie. But along with the risks, the Gulf offers great rewards: Perdido could ultimately generate $39 billion in revenue and $16 billion in profits.

Jonathan Fahey can be reached at http://www.facebook.com/Fahey.Jonathan .

SOURCE ARTICLE

Ogoni Establishes Environmental Protection Agency

Graphics from Guardian newspaper article: Unloveable Shell, the Goddess of Oil

PRESS STATEMENT ISSUED BY MOSOP: 26 December 2011

A measure to make sure that Nigerian National Petroleum Corporation, Royal Dutch/Shell and others face compelling action to hold them accountable for environmental crimes in Ogoni.

MOSOP President and Spokesman, Dr. Goodluck Diigbo said that the Ogoni people have learnt the hardest lesson that it was not the wisest thing to do, to allow petroleum operations in Ogoni without a formal Environmental Impact Assessment Study (EIAS).

He said other relevant companies must be required to conduct EIAS to merit continual operations in Ogoni.

Dr. Diigbo said this today, 24th December, 2011 during a MOSOP inter-kingdom assembly held at Akpajo, Eleme near Port Harcourt. He, then, announced the establishment of an Ogoni Environmental Protection Agency (OGEPA), headed by Mr. John Lar-Wisa.

Lar-Wisa, currently serves as Secretary of Amnesty International Group 17 in Nigeria and has nearly 20 years of community and public service. Earlier in the week, Lar-Wisa’s appointment had been debated and approved by a joint-meeting of elected village councilors and MOSOP Central Assembly.

“As a people, the Ogoni who depend upon cultures, spiritual traditions, histories and philosophies, especially our rights to lands, territories and resources for political, economic and social survival, we cannot wait for another 25 – 30 years.

The Ogoni people cannot fold their hands and hope that one day, the NNPC (Nigerian government oil company), Royal Dutch/Shell and Chevron will knock at our doors to accept responsibility for devastation of our land,; without significant and compelling action by the Ogoni people,” Diigbo remarked.

According to Dr. Diigbo, the task of OGEPA is to coordinate efforts to protect the inherent rights and means of livelihood of the Ogoni people, ensure healthy and safer environment.

He stated that OGEPA will collaborate with similar institutions, the Ogoni Central Indigenous Authority (OCIA) and nongovernmental organizations worldwide.

“With its three-tier operational strategy, OGEPA will cooperate with its sub-committees at the village, kingdom and central levels to make sure that Ogonis do not engage in activities detrimental to the environment,” Diigbo said.

The 21 member agency has Chief Nwakaji Ngei of Ogale village in Eleme Kingdom as the Deputy Administrator.

Prior to his appointment by the Central Assembly of MOSOP, Lar-Wisa coordinated the Ogoni team that monitored the United Nations Environmental Programme (UNEP) Ogoni Environmental Assessment, led by Mr. Mike Cowing.

Lar-Wisa had initiated international dialogue and shared information on due process as he had tried to persuade Cowing and his UNEP colleagues to comply with the UNEP, World Bank and Nigerian guidelines for conduct of EIAS.

Lar-Wisa has also worked as design and draughtsman/engineer with NISSCO Ltd, Warri; Naval Draughtsman with Witt & Busch (Shipyard) Ltd., PH., senior CAD Designer with Point Engineering, PH, Field Engineer with Aveon Offshore Ltd., PH. Sec., NUPENG – NISSCO, Assistant Secretary of PENGASSAN – NISSCO and assistant secretary of Bori State Movement and in several other capacities.

John Lar-Wisa who holds a Certificate in Civil Engineering and Bachelor of Science degree Political Science will oversee activities of OGEPA.

All the elected village councilors under the newly created Ogoni Central Indigenous Authority (OCIA) will sit on the village boards of OGEPA.

Tambari Deekor
Associate Editor, MOSOP Media
tdeekor88@gmail.com

Chevron, Conoco Entrapped in Post-BP Crackdown on Oil Slicks

By Joe Carroll, Juan Pablo Spinetto and Edward Klump – Dec 23, 2011 10:15 AM GMT

Brazil’s threatened indictment of Chevron Corp. (CVX) and Transocean Ltd. (RIG) executives after offshore oil leaks shows that regulators from the North Sea to the Indian Ocean are stepping up scrutiny after BP Plc’s 2010 disaster.

Brazilian authorities have said they may prosecute employees, shut operations and exact more than $10 billion in fines after the leaks at the Frade field 230 miles (370 kilometers) off the coast of Rio de Janeiro. The spill occurred 19 months after an explosion in the Gulf of Mexico killed 11 workers and triggered the biggest offshore U.S. oil spill.

Governments around the world are paying closer attention to how energy explorers drill into high-pressure deposits of crude and natural gas as much as 8 miles beneath the sea surface. Chevron’s Brazil incident took place after a ConocoPhillips (COP) leak in China and prior to what may be Nigeria’s biggest spill in a decade at a Royal Dutch Shell Plc facility.

“There’s been just such a rash of them that governments have got to act tough” with oil companies, Allen Brooks, a managing director at energy-investment bank PPHB LP in Houston and Chevron shareholder, said in a phone interview. Since the BP accident “every spill after that is heightened in terms of media attention and obviously government concern.”

ConocoPhillips was criticized by the People’s Daily, China’s Communist Party newspaper, for “negligence, cover-ups and cheating” in its handling of a June leak in Bohai Bay. Premier Wen Jiabao ordered a “thorough” investigation in September.

In Nigeria, Royal Dutch Shell (RDSA) shut its 200,000 barrel-a-day Bonga field this week after a tanker-loading accident caused less than 40,000 barrels of crude to leak.

Olympic Hosts

Brazilian officials are seeking 20 billion reais ($10.8 billion) in penalties from Chevron for the Nov. 7 leaks that the San Ramon, California-based company has estimated at 3,000 barrels.

The furor in a nation keen to protect beaches from floating globs of crude ahead of the 2014 World Cup and 2016 Olympic Games may lead to new drilling rules so tough that oil exploration becomes unprofitable, said Adriano Pires, an economist and former adviser to Brazil’s state oil ministry.

“What I fear is now we have a circus created around the Chevron problem, a real circus, and to show the people they are doing something they may create norms, legislation and proceedings that make it impracticable to get environmental licenses for offshore exploring,” Pires, head of the Brazilian Center for Infrastructure, a Rio-based energy-industry consultancy, said in a telephone interview.

Making Exploration Expensive

“Depending on the measures that the government may take, it would make oil exploration in Brazil much more expensive,” he said.

Brazil’s federal police have said they intend to indict employees involved in the drilling that led to leaks from sea floor fissures near the $3.6 billion development, Kurt Glaubitz, a spokesman for Chevron, said in a Dec. 21 e-mail. In a separate statement, Transocean, owner of the drilling rig leased for the Frade field, said it will defend the company.

Chevron underestimated the amount of pressure at an oil deposit it was exploring, and crude leaked from the reservoir for about eight days, George Buck, president of Chevron’s Brazilian subsidiary, said on Nov. 20. Buck was among 17 Chevron and Transocean employees targeted for indictments, the Folha de S. Paulo newspaper reported on Dec. 21. Glaubitz declined to identify the employees targeted for indictment.

Foreign Investment ‘Chill’

“I’m a little surprised by the stance that you’re seeing in Brazil, largely because it’s so excessive, potentially, that you could put a very big chill on foreign investment in the deep water,” Ted Harper, who helps manage about $6.8 billion in assets at Frost Investment Advisors in Houston, including about $50 million of Chevron shares, said in a phone interview.

The response so far in Brazil is an “overreaction,” he said.

Chevron has lagged its peers since the leaks were disclosed on Nov. 10. Chevron has gained 0.8 percent since then, compared with increases of 7.1 percent and 4.9 percent, respectively, for Exxon Mobil Corp. (XOM) and Shell, the biggest Western energy companies by market value.

ConocoPhillips, the third-largest U.S. oil company, said on Dec. 21 that it’s taking responsibility for the Bohai Bay spill and is setting up compensation funds to support environmental research and affected communities.

Royal Dutch Shell, Europe’s largest oil company, said yesterday as much as half of the crude that leaked from the Bonga installation has dissipated through natural dispersion and evaporation. Bonga, located 75 miles off Nigeria’s coastline, pumps about 10 percent of the West African nation’s oil.

Worst Since 1998

The leak may have been the country’s worst since a January 1998 spill dumped an estimated 40,000 barrels into the sea from the Idoho platform on the southeastern coast, with slicks reported as far west as Lagos. Shell, the largest foreign oil producer in Nigeria, has been criticized by some local residents and foreign groups for onshore spills.

An “independent verification” of the Bonga platform incident is needed to ensure the spill wasn’t more, Nnimmo Bassey, executive director of Environmental Rights Action, said in a phone interview from Lagos. “Shell has never been forthcoming about incidents of oil spills in the past.”

BP has booked more than $40 billion in losses related to last year’s Gulf disaster that sank Transocean’s Deepwater Horizon rig and spilled an estimated 4.9 million barrels of crude. The London-based oil producer also faces hundreds of lawsuits by fishermen, hoteliers and property owners in coastal areas where crude washed ashore.

More Awareness

Unlike the BP incident in the Gulf, this year’s Brazilian and Chinese spills are within the normal range of oil industry accidents, Nansen Saleri, chief executive officer of Quantum Reservoir Impact LLC in Houston, said in a telephone interview.

“What’s different right now, post-Macondo, is that there’s far more awareness globally at all levels,” he said. In the long run, the industry will develop better and more stringent procedures to help prevent small incidents, he said, and oil and gas development will continue.

“Those countries who choose to go on a very punitive path at the end will suffer the negative consequences themselves,” said Saleri, who is a former reservoir-management chief at Saudi Arabia’s state oil company.

To contact the reporters on this story: Joe Carroll in Chicago at jcarroll8@bloomberg.net; Juan Pablo Spinetto in Rio de Janeiro at jspinetto@bloomberg.net; Edward Klump in Houston at eklump@bloomberg.net

To contact the editors responsible for this story: Tina Davis at tinadavis@bloomberg.net; Dale Crofts at dcrofts@bloomberg.net

SOURCE ARTICLE

Chevron, Transocean Face Brazil Indictment Over Oil Leak

December 22, 2011, 11:33 AM EST

By Joe Carroll and Juan Pablo Spinetto

Dec. 22 (Bloomberg) — Chevron Corp., the operator of the Brazilian offshore well that triggered oil leaks, and rig owner Transocean Ltd. will defend executives threatened with criminal indictments in the South American nation.

Chevron learned that Brazil’s federal police intend to indict employees involved in the drilling that led to the Nov. 7 leaks from seafloor fissures near the $3.6 billion Frade development, Kurt Glaubitz, a spokesman for the San Ramon, California-based company, said in a statement late yesterday. Transocean, in a separate statement late yesterday, said it will “vigorously defend the company and its collaborators.”

Chevron, the second-largest U.S. energy company by market value, has been fined 50 million reais ($26.9 million) and ordered to halt all drilling and crude production off Brazil’s coast after discovering the leaks last month. Chevron estimated the volume of the seeps at 3,000 barrels during the eight days it took for the company to locate and halt the leaks.

Chevron and other offshore oil explorers are facing increased scrutiny of their drilling practices in the wake of BP Plc’s 2010 blowout of a well in the Gulf of Mexico that killed 11 workers and led to the worst U.S. offshore crude spill.

In Brazil, the concerns have been compounded as the coastal city Rio de Janeiro prepares to host the 2014 World Cup and the Olympic Games two years later. Chevron’s Frade oil field is about 230 miles (370 kilometers) northeast of Rio in a region of the Atlantic Ocean known as the Campos Basin.

Employees Indicted

Chevron underestimated the amount of pressure at an oil deposit it was exploring, and crude leaked from the reservoir for about eight days, George Buck, president of Chevron’s Brazilian subsidiary, said on Nov. 20. Buck was among 17 Chevron and Transocean employees targeted for indictments, the Folha de S. Paulo newspaper reported yesterday. Glaubitz declined to identify the employees targeted for indictment. George wasn’t available to comment, the spokesman said.

Anthony Dovkants, a spokesman for Vernier, Switzerland- based Transocean, said in an e-mailed statement that the allegations were without merit.

Chevron rose 47 cents to $105.90 at 10:30 a.m. in New York trading. Transocean rose 1.3 percent to $40.39.

BP has booked more than $40 billion in losses related to last year’s Gulf disaster that sank Transocean’s Deepwater Horizon rig and spilled an estimated 4.9 million barrels of crude. The London-based oil producer also faces hundreds of lawsuits by fishermen, hoteliers and property owners in coastal areas where crude washed ashore.

Other Oil Spills

ConocoPhillips, the third-largest U.S. oil company, said yesterday it’s taking responsibility for two oil spills in China’s Bohai Bay in June and is setting up compensation funds to support environmental research and affected communities.

Royal Dutch Shell Plc, Europe’s largest oil company, shut its 200,000 barrel-a-day Bonga field off Nigeria after a leak during a tanker loading caused what may be the country’s worst offshore spill in more than a decade. The Bonga deep-water discovery produces almost 10 percent of Nigeria’s crude.

Exxon Mobil Corp. of Irving, Texas, is the biggest U.S. energy company by market value.

–Editors: Jasmina Kelemen, Tina Davis

To contact the reporters on this story: Joe Carroll in Chicago at jcarroll8@bloomberg.net; Juan Pablo Spinetto in Rio de Janeiro at jspinetto@bloomberg.net

To contact the editor responsible for this story: Tina Davis at tinadavis@bloomberg.net

SOURCE ARTICLE

Supreme Court To Decide If 1789 Law Applies To Shell Today

Daniel Fisher

Daniel Fisher, Forbes Staff

12/20/2011

For nearly 200 years, the Alien Tort Claims Act lay dormant, a one-sentence law passed by the first Congress that gave federal courts jurisdiction to hear any lawsuit brought by “an alien” for torts committed “in violation of the law of nations.” Then around 1980 inventive lawyers rediscovered it as a tool for international human-rights enforcement. One judge dubbed the long-neglected law a “legal Lohengrin,” after the knight in the Richard Wagner opera who magically appears in a boat drawn by a swan.

Early next year the Supreme Court will decide whether this law can be the legal vehicle for pressing multibillion-d0llar claims against corporations that lawyers believe are responsible for human-rights violations. One case, Kiobel v. Royal Dutch Petroleum, asks whether Nigerian villagers can sue the oil giant in U.S. court over the actions of government troops they say were acting on Shell’s orders to protect its valuable installations in Nigeria. It is paired with another case involving the 1993 Torture Victims Protection Act. In both, the court is being asked to sort out a dispute among the federal districts about whether these laws apply to individuals only, or can be extended to organizations like Shell and the Palestinian Liberation Organization.

The stakes are huge for corporations, which theoretically could be held liable for any actions of the government in nations where they do business, pay taxes, and rely on local forces to protect their assets.

“There have been plenty of cases where the theory is, basically, the corporation has aided and abetted the human rights violations just by doing business with the violators,” said Meir Feder, an appellate lawyer in Jones Day’s New York office who is active in international corporate law. “It’s been a real growth industry.”

Lawyers really embraced the 1789 law after the U.S. Supreme Court decided  in 2004 that a Mexican national could not use the ATS to sue the Mexican agent who abducted him on instructions of U.S. officials. It was a defeat for the plaintiff in that case, but the high court flashed “an ambiguous green light” to other lawsuits by suggesting the ATC could be used to allege torts that didn’t exist when it was written in 1789.

The main question before the court when it hears the Shell and Torture Protection cases, probably in February, will be whether the laws can be applied to organizations instead of individuals. The Second Circuit Court of Appeals in New York rejected the Shell case in December 2010, saying “corporate liability is not a discernable—much less universally recognized—norm of customary international law.”

The decision offers a lengthy diversion into 18th century law and politics, when pirates were a major foreign-policy concern and large parts of the world had no formal government at all. The majority concluded that while enforcing human rights was the “singular achievement” of international law after World War II, it has never been stretched to include lawsuits against corporations. The ATC applies to the actions of states and individuals,the court ruled, since ultimately only people in a position of governmental authority can bear moral responsibility for acts so heinous they rise to the level of “international crime.”

Even the ever-sympathetic Ninth Circuit signed off on this view,deciding in 2010 that Chevron couldn’t be sued under the ATS for the actions of Nigerian security forces when they retook an offshore oil platform that had been occupied by protesters.

But the 11th Circuit ruled the other way in 2008 in a lawsuit by Colombian villagers allegedly abused by paramiliaries in the employ of a U.S. corporation. And in July of this year the influential D.C. Circuit ruled that ExxonMobil could be sued for allegedly allowing government security forces detailed to its facility in Aceh, Indonesia to commit murder, sexual assault and other crimes against villagers.

The court rejected ExxonMobil’s argument that the Supreme Court had eliminated aiding and abetting liability in its pivotal Central Bank case in 1994. It still applied in the world of international crimes, the court held. None less than George Washington had issued a proclamation in 1793 warning U.S. citizens they’d be found liable for “aiding, or abetting hostilities” against any power involved in fighting in Europe.

Judge Brett Kavanaugh, a conservative favorite, issued a strongly worded dissent.  The ATC was intended to “avoid conflicts with foreign governments” by providing redress to aliens who suffered injuries within the U.S. Extending it to actions on foreign soil creates rather than avoids conflicts, and itself conflicts with the Torture Prevention Act which only protects U.S. citizens. If the ATS works the way the majority would have it, he wrote, then an alien could bring a lawsuit against a corporation in U.S. court that was barred by a U.S. citizen.

The Torture Victims Statute case seems a simpler proposition, since the law gives the right to sue to “any individual” who under “actual or apparent authority” of government authority tortures another individual. Congress considered, and rejected, using the word “person” which is understood to include corporations and other organizations, said Feder, who not surprisingly represents corporate clients who say they are not “individuals.”

“I don’t have a problem predicting it is quite likely the Supreme Court is going to say corporations are not subject to suit,” he said.

The Roberts Court is also likely to trim the sails of plaintiff lawyers who want to use the 1789 Alien Tort Claims Act to pursue 21st-century class actions, Feder said.

“At the end of the day, the current Supreme Court is likely to take a much more restrictive view of what kind of cases will be allowed to go forward than a lot of lower courts have allowed,” he said. The ATC was designed for situations where aliens had no way to get redress and failing to deal with their complaints would lead to “serious military and diplomatic problems,” Feder said.

“The current Supreme Court is going to look at that and say `We’re not going to extend that as a sort of general right of action for human rights violations all over the world.’”

ExxonMobil, Chevron, Shell and other corporations doing business in dangerous parts of the world will certainly be pulling for the legal Lohengrin to disappear into the mists again.

SOURCE ARTICLE