petro-resistance
UN climate talks delayed one year by COVID-19
International climate negotiations will be delayed by a full year because of the coronavirus pandemic, the UN Framework Convention on Climate Change (UNFCCC) and the UK government announced May 28. The next summit, officially dubbed the 26th UN Climate Change Conference of the Parties (COP26), was due to take place this November in Glasgow, but has now been put off to November 2021. Delaying the talks could encourage governments, industrial concerns and financial institutions to adopt recovery plans with high climate costs. The postponement is particularly critical given the failure of last year's summit, held in Madrid, to reach any agreement. Instead, critical decisions were put off for COP26. This means a full two years will have passed before any progress can be made. (STV)
San Francisco suit against oil companies remanded
The US Court of Appeals for the Ninth Circuit on May 26 reversed a federal judge's dismissal of a climate change lawsuit against oil companies including ExxonMobil, BP and Chevron by the cities of San Francisco and Oakland, setting the stage for the case to be heard in a more favorable California state court. The two cities, who first brought suit separately, are seeking billions of dollars from the companies in a special "abatement fund," alleging their practices knowingly led to problems the cities must now contend with, including rising seas and extreme weather. The cases were initially brought in state court, but they were combined and moved to federal court at the demand of the companies, on the basis that they raised questions of US law, such as the Clean Air Act. The case was dismissed in June 2018 by US District Judge William Alsup, who held that the courts lacked jurisdiction in the matter. A Ninth Circuit panel remanded the case back to Judge Alsup, ordering him to give further consideration to whether his court has jurisdiction. If he again finds his court lacks jurisdiction, the panel ruled, the case must return to state court.
Peru: high court upholds acquittal of Bagua defendants
More than 10 years after the Bagua massacre in the Peruvian Amazon, sparked when National Police troops attacked a roadblock by indigenous protesters, a magistrate at the penal chamber of Peru's Supreme Court of Justice on Jan. 31 absolved 53 of the protesters, who had faced criminal charges. A lower court had cleared the accused protesters, all indigenous Amazonians, in September 2016. Last year, the high court confirmed this ruling on charges of homicide, assault and theft of police firearms. But charges of riot, disruption of public services and illegal firearm possession remained outstanding until this second decision.
Court bars oil exploitation in Peru's Sierra del Divisor
A court in Peru's Loreto region on Jan. 22 issued an order blocking all oil exploration or exploitation within a vast area of the Amazon rainforest along the Brazilian border, citing the presence of isolated or "uncontacted" peoples in the zone and the impossibility of obtaining their "prior consultation." The order affects Lots 135, 138 and 31B, which lie within Sierra del Divisor National Park, straddling the regions of Ucayali and Loreto. The case was brought in 2017 by the Regional Organization of Indigenous Peoples of Oriente (ORPIO), challenging the move by state agency PeruPetro to auction leases for the designated blocs.
Ecuador: celebration as protesters score victory
Celebrations broke out across Ecuador Oct. 13 after President Lenin Moreno agreed to overturn Decree 883, which would have eliminated fuel subsidies. Moreno's capitulation followed 10 days of nationwide protests that left at least eight dead, hundreds injured and more than 1,000 detained. After suspension of the decree was announced, thousands of indigenous activists, local residents and student volunteers took to the streets of Quito to clean up the city. Teams worked their way through El Arbolito park, epicenter of the protest movement, which was still littered with burning tires and pavement slabs that had been used as barricades. Moreno and protest leaders are to open a dialogue to find alternative means to cut Ecuador's public spending.
Delays in Peruvian climate change lawsuit
A lawsuit brought by a Peruvian farmer and mountain guide against a European utility over the imminently threatening impacts of climate change in the high Andes has been stalled for months in the evidentiary stage, partially due to the lack of an inter-governmental legal assistance agreement between Germany and Peru. Earlier this year, the Higher Regional Court of Hamm, in North Rhine-Westphalia, made a request to the government of Peru to be allowed to inspect the alpine lakes that are the subject of the lawsuit. This is expected to take at least one year to arrange. Meanwhile, signs mount of the glaciers above the lakes becoming destabilized by warming, portending a regional disaster.
Ecuador: oil lease threatens 'uncontacted' peoples
The high court of Ecuador's Pastaza province on July 12 upheld a lower court ruling to protect the land rights of the Waorani indigenous people from oil drilling. The Pastaza Court of Justice rejected the Environment Ministry's appeal of the lower court decision to bar plans to open 180,000 hectares of Amazon rainforest to oil development before "prior consultation" with the Waorani is carried out. (AFP, July 12) Simultaneously, however, the Ministry approved the environmental assessment plans to drill for oil in a sensitive area of Yasuni National Park, where isolated or "uncontacted" indigenous peoples are believed to be living.
Peru: acquitted Bagua defendants may face retrial
Defense lawyers for the 53 indigenous activists who were cleared of charges in the 2009 Bagua massacre were ordered to testify before a Peruvian Supreme Court magistrate June 26, as the high court's penal chamber considers a request from the government for a retrial in the case. The defendants were acquitted by a lower court in 2016 in the slaying of National Police troops in the clash at Bagua, which began when police attacked an indigenous roadblock during a protest campaign against oil and resource exploitation in the rainforest. By official figures, 33 were slain in the incident, including 10 indigenous activists. In 2017, Peru's Prosecutor General and Public Ministry called upon the Supreme Court to review the acquittals. The high court agreed to consider a retrail for the crimes of riot, illegal possession of firearms and obstruction of public services, although not homicide.
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