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Thursday, November 29, 2012

Cultures of Energy Liveblog 7

Self referencing citational loop of industry scientists
>> scientific legitimacy and technical protection of industry
>> hide controversy

Shift in US regulation in mid 2000s to assess petroleum << fractions: an industry strategy to contain
TPH group 1993 just after Exxon Valdez spill, with witness to financial liability of contaminators

Measured action in the context of indeterminacy
Plaintiffs: Chevron's experts attempt to distort what contamination is; to relativize it, when it's actually absolute
logic contrary to science: the Ecuador decree established a one size fits all limit, 1000ppm
April 2009: independent court appointed expert submitted a report to Ecuador's court
--an interesting move is that he determined the TPH limits of 2001 to be equivalent to a toxic threshold level
Classified maximum permissible TPH values alongside the internationally sanctioned limits
--the levels can be used to evaluate soil, groundwater and surface water

Chevron took many more times as samples and all of them virtually exceeded the 1000ppm limit

Court: liability and causation: because Ecuador doesn't allow for legal retroactivity >> reason that Chevron can't be expected to comply with legislation a decade after it finished
They will instead take the limits as reference parameters

But a number of limits were in force: obligation not to deprive the local inhabitants of their livelihood rights

Foreclosure: "TPH measures a good indicator and give certainty that conditions are similar in all sites"

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