6/13/2008
Long wait nearly over for Exxon Valdez case
Any Monday between now and June 23, the Supreme Court could issue its decision on the Exxon Valdez lawsuit, a case that Alaskans have been awaiting for nearly two decades.
The court generally issues its decisions on Mondays, and the Exxon case is due out before the Supreme Court term ends June 23. The lawsuit, a dispute over $2.5 billion in punitive damages, is the final legal case remaining from the March 1989 spill of 11 million gallons of crude oil in Alaska's Prince William Sound.
More information:
Houston Chronicle
KTUU
ABC News
3/25/2008
Statewide Teleconference Seminar Series
Health care professionals, researchers, tribal representatives, health and environmental advocates, students, health-affected persons and anyone interested is cordially invited to participate in a teleconference seminar on:
Worker Health and the Exxon Valdez Oil Spill: What Have We Learned about the Effects of Oil on Human Health? TIME: Tuesday, March 25 at 9 AM Alaska Time.
The call will last one hour. Learn More
2/25/2008
Talk of Alaska: Exxon Valdez The Whole Truth Campaign
ExxonMobil and plaintiffs in the Exxon Valdez oil spill lawsuit are gearing up for arguments before the U.S. Supreme Court later this month (Feb 27). Back here at home, victims of the spill have banded together to form The Whole Truth campaign in support of more than 32,000 fishermen, women and Alaska Natives still waiting to recover damages from the spill, now nearly 20 years old. Will their voices be heard in Washington? Will it make a difference? For the entire program listen to APRN's podcast
2/25/2008
Valdez lawyer disputes Exxon's numbers
Earlier this week, Exxon turned in its final brief to the high court in the Exxon Valdez case. The document focused on three main areas: maritime precedent, the clean water act and finally, an argument that Exxon has already forked over plenty. Exxon attorneys write in the brief, The $3.4 billion Exxon has already paid is enough to deter anyone from doing anything. But one local has done the numbers and says Exxon has paid nowhere near that sum. For the full story listen to APRN's podcast.
2/6/2008
Briefs Filed on Behalf of Respondents
792 page PDF Document. Photos, maps, briefs and more. Worth the download!
"The Respondents' brief lays out the facts and law that support the decision of the jury, the district court, and the Ninth Circuit to order Exxon to pay punitive damages. The brief outlines the legal defects in Exxon's argument that 19th Century admiralty law decisions should allow it to escape payment of punitive damages in the 21st Century; takes on Exxon's incredible argument that the Clean Water Act--the nation's premier environmental law--should be interpreted to shield oil polluters from punitive damages; and argues that Exxon's plea for additional maritime law restrictions on punitive damages awards is nothing but the result-oriented special pleading of the nation's most notorious corporate polluter."
Briefs Filed On Behalf of Respondents
2/4/2008
Kodiak Comfish
Ora Foundation will be hosting an EVOS Plaintiffs table at Kodiak's annual Comfish.
1/30/2008
Amicus Brief posted
Amicus Brief filed 1/29/2008.
12/20/2007
Newly Added
Exxon's brief to the Supreme Court is now on line for you to read. Brief for Petitioners
12/10/2007
Resolution Posted
This resolution is a guide that encourages communities, individuals and local Governments in asking the U.S. Chamber to refrain from filing an Amicus Brief in support of Exxon.
Bringing this resolution forward with your local Chambers of Commerce and governments makes a strong statement to the U. S. Chamber regarding their lack of representation for the local chapters. Draft Resolution, National Chamber of Commerce
12/6/2007
Anchorage Workshop Announced
Anchorage EVOS Litigation Workshop Date: Monday, December 17th Time: 10:30am to 3pm (registration at 10:30am) Location: Loussac Library - Assembly Chambers, Anchorage Presenters: Matt Jamin, Joni Whitmore and Bruce Gabrys
11/16/2007
Seattle, Bellingham and Portland Workshops
The Oiled Regions of Alaska Foundation will be conducting our Settlement/Financial Planning program in locations throughout the Northwest. See detailed information about our EVOS Update/Financial Planning programs.
10/30/2007
EVOS Update/Financial Planning programs
Kenai - November 14
Cordova - November 15
Seattle - November 29th
Location and hours TBA
Portland - November 30th
Location and hours TBA
Pending for December:
Bellingham
Anchorage
For more information and schedules see our Workshops page.
10/30/2007
EXXON's Appeal to the Supreme Court
From Table of Contents of Exxon's Petition:
I. The Court Should Grant Certiorari to Resolve the Conflict in the Circuits on Whether Maritime Law Permits Vicarious Punitive Damages&.page 11
II. The Court Should Grant Certiorari to Resolve the Conflict in the Circuits on Whether Maritime Law Permits Judge-Made Remedies When Congress Has Not Authorized Them in Applicable Statutes&.page 15
III. The Court Should Grant Certiorari to Remedy Confusion in the Lower Courts and Make Clear the Permissible Size of Punitive Damage Awards under Maritime Law and under the Due Process Clause&.page 21 A. Maritime Law&page 21
B. Due Process&.page 27 (petition not granted for part B)
EXXON's Appeal to the Supreme Court
http://www.adn.com/static/includes/news/exxonpetition.pdfThe Court will hear Exxon's petition as to the following issues:
1. Whether Exxon can be liable for its drunk captain absent a showing that Exxon "directed, countenanced or participated in the conduct...."
2. Is Exxon's punitive liability limited to the penalties contained in the Clean Water Act ? (This is Exxon's argument that $ 25,000,000 is right and $ 40,000,000 is too much):
3. Is $ 2.5Billion within the limits allowed by federal maritime law?
The Court elected not to hear any arguments about whether, even if maritime law allowed the penalty, it is permitted under Constitutional due process.
Submitted for publication on this website by ORA Board member Chuck McCallum
3/20/2007
Cordova Meeting and Workshop Rescheduled
The March 11 meeting of the ORA Foundation was POSTPONED because the southbound jet cancelled. The NEW MEETING information is as follows.
The Oiled Regions of Alaska Foundation is holding a litigation update and financial planning workshop relating to the Exxon Valdez Oil Spill, Monday, March 26 from 11:30 a.m. to 3:00 p.m. in the Masonic Temple. The workshop is free and open to the public. Plaintiffs, individuals and nonprofit organizations are encouraged to attend. ORA Foundation is a community based foundation whose mission is to help mitigate the effects of catastrophic disasters through educational support. For more information contact Patience at 424-7585 or Riki at 424-3915.
3/1/2007
Kodiak and Washington state Planning Workshops Announced
ORA Foundation announces Financial Planning Workshops. See our Calendar for details.
2/15/2007
Cordova Meeting and Workshop
ORA Foundation hosts a Litigation Update and Planning Meeting at the Cordova Masonic Temple March 11, 2007 from 6 to 9 pm. Event is free and open to the public. For more information call Patience 907-424-7585 or Riki 907-424-3915
