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Sunday, September 30, 2012

US Supreme court decides on Shell torture case

US Supreme court decides on Shell torture case

Published on Sunday September 30, 2012

"The Kiobel case was part of a broader set of legal complaints by Nigeria's Ogoni people, who argued that Royal Dutch Shell was complicit in murder, torture and other abuses committed by the former military government."

The US Supreme Court is back in session tomorrow to tackle major social issues such as same-sex marriage and affirmative action, as well as a high-profile international human rights case involving the Dutch oil giant Shell in Nigeria..

Twelve Nigerians accuse Shell of becoming an accomplice to torture, extrajudicial executions and crimes against humanity in the Niger Delta region.

The nine justices will decide whether to hold major companies liable for crimes committed outside US borders by virtue of the Alien Tort Statute, a law passed two centuries ago.

"ATS clearly covers those violations," said Carey D'Avino, one of the plaintiffs' attorneys. "There's nothing in the ATS that violates domestic and international laws."

Not everyone is so sure.

The Supreme Court could be "afraid of some kind of backlash, what other nations will think of us," said constitutional lawyer Lisa Blatt.

The case is Esther Kiobel versus Royal Dutch Shell. Kiobel is the widow of one of the anti-Shell protesters who was executed in 1995. Shell settled a similar case for $15.5 million shortly before it went to trial in a New York federal court in 2009.

On 27 February when the case came before the court, Justice Samuel Alito wondered why this latest case was being discussed in Washington because it had been brought by foreign plaintiffs against a foreign defendant for acts allegedly committed outside of the United States.

Justice Anthony Kennedy, whose vote often decides closely contested cases, expressed concern that a ruling in favor of the plaintiff could open up American companies to similar actions in other countries.

Nigerian activists celebrated their day at the Supreme Court, saying they will keep on fighting for justice, regardless of the court's decision, which is expected by the end of June. They said they want the case to be heard in the United States because they do not think they can get a fair trial in Nigeria.

Marco Simons, legal director of the Washington-based advocacy group Earthrights International and a strong proponent of corporate accountability, says he is optimistic.

"I did not hear anything that fundamentally changes the outlook of this case," said Simons. "Some [U.S.] judges have views that a corporation should not be subject to suits for violations of international law. But we are quite optimistic that that will not be the view of the majority of the justices on the Supreme Court."

The plaintiffs are attempting to use the 1789 Alien Tort Statute, which allows U.S. courts to hear cases brought by foreigners for violations of international law and U.S. treaties. The question is whether corporations can be prosecuted under the statute.

Shell's representative Kathleen Sullivan repeatedly told the nine justices that the Supreme Court should reject corporate liability because there is no precedent in international law courts and conventions.

Afterward, Simons said that even if corporate accountability is not recognized in the case, it does not mean the end of lawsuits against corporations for violations outside of the United States.

"It is just that these cases will be more likely to be heard in state courts rather than federal courts, and would be heard under different labels," he said. "Essentially, instead of calling the case a case against torture or crimes against humanity, it might be about assault and battery, for example."

Similar cases going through the U.S. court system include an attempt to hold U.S.-based oil companies ExxonMobil and Chevron accountable for alleged human rights abuses in Indonesia, as well as cases against several U.S. companies for their alleged role in assisting the South African government during the apartheid era.

A US appeals court in New York had ruled in the Kiobel case that corporations or political organizations were immune to such liability.

The Kiobel case was part of a broader set of legal complaints by Nigeria's Ogoni people, who argued that Royal Dutch Shell was complicit in murder, torture and other abuses committed by the former military government.

The victims included Nigerian writer and activist Ken Saro-Wiwa and others executed in 1995 in what plaintiffs said was a campaign of repression backed by the oil giant.

Saro-Wiwa had led a non-violent campaign to protest environmental destruction and abuses against the Ogoni people in the Niger Delta before he was hanged along with other activists after his trial by a tribunal.

In 2009, Shell agreed to pay out $15.5 million to relatives of the victims, in what it hoped would be the end of a long legal battle and avoidance of a potentially embarrassing court case.

Shell maintained its innocence throughout, saying the settlement was a "humanitarian gesture" to help the Ogoni, but human rights lawyers in New York two years ago hailed the agreement as a precedent for holding Shell and other oil giants responsible for activities in countries with repressive governments.

Apart from the Shell case, the US Supreme Court will also rule on affirmative action at the University of Texas.

The policy, aimed at correcting historic imbalances in education by favoring US minorities in public university admissions and other circumstances, has come under increasing scrutiny in the wake of a growing minority population.

A white student is accusing the university of using quotas for racial and ethnic minority groups in university admissions in a way she claims violates her US constitutional rights.

It will be the first time the court takes up the controversial issue since its 2003 ruling saying racial or ethnic quotas did not violate the US Constitution.

But since then, the makeup of the court has changed to make it "the most conservative in a lifetime," giving greater likely voice to affirmative action opponents, said Georgetown Law professor Louis Seidman.

Alan Morrison of The George Washington University Law School stressed that "there's a lot at stake and plenty of reasons to be concerned." He called the affirmative action decision "crucial," saying it would be felt at all US universities, both public and private.

Among the fairly rare national security issues to come before the court will be a case on wiretapping and human rights due to be examined on October 29. And on October 31, the justices are set to address whether the use of drug-sniffing dogs violates constitutional rights.

Still, in terms of social reach, it is the court's looming moves on same-sex marriage that have both captured a lot of Americans' attention and fueled strong reactions.

SOURCE

Friday, September 28, 2012

ROEL MANLANGIT LIVE AT RATED KORINA

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Reeves & Associates wins Ninth Circuit CSPA appeal

Reeves & Associates wins Ninth Circuit CSPA appeal

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After years of litigation in federal courts, today heralded a victory for Reeves & Associates and our clients in the battle to expand coverage of protection under the Child Status Protection Act (CSPA) to “aged-out” derivative beneficiaries. Today, September 26, 2012, the U.S. Court of Appeals for the Ninth Circuit published an en banc opinion in the class action CSPA lawsuit originally filed by Reeves & Associates. The Ninth Circuit granted Reeves & Associates’ appeal and held that “the plain language of the CSPA unambiguously grants automatic conversion and priority date retention to aged-out derivative beneficiaries.” This means that for thousands of aged-out children, immigration relief is finally a possibility.
This litigation began when Reeves & Associates filed a class action complaint on behalf of thousands of children nationwide and across the globe who would be eligible for CSPA protection. Reeves & Associates was joined in this litigation by the Law Firm of Carl Shusterman, which represented two individual claimants. This precedent decision is a major victory for children who were derivatives of visas filed for their parents, but who were denied green cards in the United States because they turned 21 years old while waiting years and years for a visa to become available. Prior to this decision, U.S. Citizenship & Immigration Services (USCIS) took the position that when a child of a visa beneficiary turned 21, that child was no longer eligible for the visa afforded to his or her parents, unless the child qualified under a narrow exception for processing delays. Although the parents could file a new petition for the child, USCIS refused to allow the child to retain the priority date from the petition filed on behalf of the parents. The result was that the child had to go to the back of the immigration line and again wait many years before a visa would become available.
After encountering numerous clients in this dilemma, Reeves & Associates filed a class action lawsuit in California District Court to challenge USCIS’s interpretation of CSPA and to compel USCIS to allow these children to retain the priority date of the original petition (i.e., the petition filed on behalf of the child’s parents, often filed at a time when the child was very young), as provided by the plain language of CSPA. While the case was pending in District Court, the Board of Immigration Appeals (BIA) published a decision (Matter of Wang), holding that CSPA did not permit aged-out children to retain the older priority date. The District Court deferred to the BIA and denied relief to the class.
Undeterred, Reeves & Associates took this matter up on appeal to the Ninth Circuit. A three-judge panel of the court dismissed the appeal and affirmed the decision of the District Court, again deferring to the BIA opinion in Matter of Wang. Reeves & Associates requested a rehearing before a full 11-judge panel of the court. The court granted the request for an en banc rehearing, and earlier this year, the parties presented oral arguments before the 11-judge panel. Today, that panel issued its decision, reversing the District Court decision and remanding the matter for further proceedings.
Although we expect the government to appeal this decision to the U.S. Supreme Court, this decision is a significant victory for all CSPA children. The Ninth Circuit has resoundingly indicated its refusal to defer to the unreasonable and unfair BIA decision in Matter of Wang, and has opened the door to new green card applications for derivative children. Reeves & Associates never conceded, and although the litigation has been long and grueling, the result is a windfall victory. Should this matter go up on appeal, Reeves & Associates will be prepared to continue to fight on behalf of the class, with confidence in continued success.



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ROEL MANLANGIT great new video

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Tuesday, September 25, 2012

REPLY TO CERTAIN CHRISTINE GORDON



























antonio jr. Buensuceso  September 25, 2012
9/25/12
to Christine.Gord.Wes.Wilkinson,
Debbie.ZuccalaDoug.Wilson

  

Dear   Christine,

With your express and written admission that you are the manager of
Ms. Debbie Zuccala, it follows that Ms. Zuccala is acting under your 
full supervision and control. It follows further that based on the principle 
of command responsibility, the willful neglect of duty to reply to my 
e-mails as Ms. Debbie Zuccala has demonstrated is an act done with 
your  advise,  decision, consent and approval. With your act of replying 
to my letter supposedly addressed to her, you are obviously showing 
discourtesy and   protecting her from culpability. Unfortunately, with your
actions you even have proven  her incompetence and inefficiency. She 
could not even write a simple e-mail response and could not at least 
showed she could explain herself. If really she is not capable of writing 
e-mail response, she had at least informed me promptly, for 
courtesy sake, that she did not know the answers and  formally 
endorsed  somebody to write in her behalf and not left me waiting for 
a long time.   Ms Debbie Zuccala had never endorsed a person to act 
on her behalf. Though you are her  manager, courtesy dictates that 
you need to be  introduced  to me by Ms. Debbie Zuccala  so that the 
same issues and questions which I posted for Ms. Debbie  Zuccala 
could be continually addressed  without any alibi that you or the 
person writing on her behalf  are not aware of it.

You know, Christine,  I believe  you should not  just interfere as it 
seemed you did not know the facts yet. If you do at least some 
reading you should have known that I do not have a phone to discuss 
this issue with you. It is clearly written on my application form that 
I wrote  NONE for phone and equally clearly stated in my e-mail 
communications that I do not have phone, why keep on asking me for
a phone when you can discuss all these issues  with me through e-mail. 
Your excuse that you have exerted much effort to contact me by 
asking for my phone number or giving your phone number since
the start of this controversy is a lame alibi  ab initio. For the record,
 I would like to reiterate that in the application form that I have 
submitted to your office, it showed clearly that I have no phone for you 
to contact me with. This act  of asking for a phone to contact me with 
when you know that I have none resolutely exemplifies your collective 
incompetence,  inefficiency and willful neglect of duty causing
much disappointment, discomfort and frustration on my part.


Now, again, may I request that please allow or advise or instruct  
Ms Debbie Zuccala to respond promptly and responsibly and give 
her a chance to prove herself worthy of the trust and confidence
of the people she is duty bound to serve. Otherwise, 
with all due respect,  in my opinion she should not be there.


Sincerely,
Antonio L. Buensuceso Jr.



Dear  Christine,

I have  the  pleasure to show my e-mail complaint   letter  
below levied against Ms. Debbie Zuccala.

September 6, 2012

Ms. Debbie Zuccala
State Water Resources Control Board
Office of Operator Certification
Division of Financial Assistance

 RE :         IGNORED  E-MAIL  COMMUNICATIONS 
                 DEMONSTRATING    INCOMPETENCE    
                 INEFFICIENCY  AND  INEXCUSABLE  
                 NEGLECT     OF  DUTY
          

Dear  Ms.  Zuccala,

              
I received a letter from you dated August 2, 2012 , informing 
me among others that, " If  you (me)  have any question, 
please contact  (you) Debbie Zuccala at (916) 341-5639  or 
dzuccala@waterboards.ca.gov."             

You gave me two options on how to communicate with you, 
first by phone and the second via e-mail. I chose the second 
option, through e-mail.

So, on August 8, 2012, the day I received your dated 
August 2, 2012 letter, I sent you an e-mail telling you some 
clarifications and asking some questions. 
But you did not give me a reply.

So, on  August 14, 2012. I sent you again the same e-mail. 
Again, you did not give me a reply.

So, on  August  15 ,2012, I sent you again the same e-mail 
for the third time. Again, you did not give me a reply.

So, on August  16, 2012, I sent  you again the same e-mail 
through registered mail and as per confirmation records on 
the Linda Vista Post Office showed the same was received 
by your office on August 20,2012. But as of today I have not 
received any response from you affirmative or otherwise.

Had you responded promptly, you could have asked  and I 
could have  explained to you why I was misled into  filling up
 the " APPLICATION FOR WASTE WATER TREATMENT  
PLANT OPERATOR CERTIFICATION"  form and  not the 
"EXAMINATION  APPLICATION FOR WASTE WATER 
TREATMENT PLANT OPERATOR"  and  eventually, 
probably, be granted a  reconsideration upon appreciation 
of the merits   I  might have presented in due time.

I was separated from my work, bio-diesel  plant operator, 
at New Leaf Biofuel last July 24, 2012 and I devotedly 
searched for another source of livelihood, another job or 
career. Waste water treatment plant operations is one 
field I thought interesting, challenging and rewarding. I surfed 
the web and  looked for waste water treatment plant operator 
jobs and I noticed that all job openings in that field called  
for a need to be certified before I could be considered for
 the position. This led me to your site and browsed therein for 
some information. After a few minutes of reading,  I decided 
that I should  take the examination, having thoughts in my 
mind that upon passing the examination,  eventual certification 
would be the consequence thereof .Being unaware of the 
existence of a form  specially intended for examination, 
after  clicking web pages  I came across a form titled 
"APPLICATION FOR WASTE WATER TREATMENT 
PLANT OPERATOR CERTIFICATION". I filled it out, and  
again, honestly I am not aware of the existence of another 
form intended for examination. Actually, I thought that the  
examination was an implied component of the certification 
application. This belief is bolstered by  the existence of the 
form titled " WASTE WATER TREATMENT PLANT  
OPERATOR  CERTIFICATION EXAMINATION SCHEDULE 
AND INFORMATION"  which shows undoubtedly that  
certification and examination are combined together as one 
unit or entity. In the same manner,  may I invite your attention
 to the last page of the form titled " APPLICATION FOR 
WASTE WATER TREATMENT  PLANT OPERATOR 
CERTIFICATION"  sub titled "PRIVACY ACT DISCLOSURE",  

to wit:

xxxxx
PRIVACY ACT DISCLOSURE 
This information is requested by the STATE WATER 
RESOURCES CONTROL BOARD, OFFICE OF 
OPERATOR CERTIFICATION.  The authority for maintaining 
the requested information is the California Code of Regulations, 
Division 4, Chapter 14.  All information requested on the 
application form must be provided by the applicant for 
examination.  Failure to complete any portion of this form 
may result in delay or denial of eligibility for examination.  
The information provided is used to evaluate the applicant’s 
eligibility for examination for Wastewater Treatment Plant 
Operators.  No transfers of this information are anticipated.  
For more information, or access to your records, contact the 
Office of Operator Certification, PO Box 944212, 
Sacramento, CA  94244-2120, Phone (916) 341-5819.   
xxxxxx

May I cite the following sentences taken therein : 

xxxx" All information requested on the application form must 
be provided by the applicant for examination. Failure to 
complete any portion of this form may result in delay or 
denial of eligibility for examination.  The 
information provided is used to evaluate the applicant’s 
eligibility for examination for 
Wastewater Treatment Plant Operators." xxxx

The first sentence requires that all information be provided
 by the applicant on the form for examination. This sentence 
clearly suggests that this form must be filled up for the purpose 
of examination. This implicitly manifests that this form for 
certification is one and the same form for examination. This 
gives credence that this form for certification is the same 
form for examination. By this form I would take the 
examination and consequential certification upon
passing the examination.

The second sentence warns that failure to complete any 
portion of this form   may result in delay or denial of eligibility
for examination. This sentence obviously establishes the 
inseparability  between the completeness of   information 
in this form  and the delay or denial of eligibility to take the 
examination. This instance conclusively conforms to my belief 
the the examination and certification forms are one in  the 
operator certification form.

The third consistently proves complete connection between 
the information contained in this form called certification  
and applicants' eligibility for examination for Waste Water 
Treatment Plant Operators.  Again, examination and 
certification are taken together in a  single  contextual form. 
Hence, I was misled, then consequently erred in filling up the 
form for WWTP Operator Certification.

Secondly, had you responded to my e-mail timely I could 
have asked  you and you  could have explained why and 
how you erroneously considered a form specifically titled 
 "APPLICATION  FOR WASTE WATER TREATMENT 
PLANT OPERATOR CERTIFICATION"  which I have filed, 
be ridiculously taken as an application for 
"WASTE WATER TREATMENT PLANT 
OPERATOR-IN-TRAINING  CERTIFICATION. These are 
two titles of forms which are distinctly different from each 
other. As you can see "PLANT OPERATOR CERTIFICATION" 
is obviously far from "PLANT OPERATOR-IN-TRAINING 
CERTIFICATION. If you were efficient and competent enough 
you should have sent me an e-mail reply and guided me  to 
correct deficiencies which you think I need to resolve so that 
I might be able to take the October 6, 2012  
GRADE 1  WWTP OPERATOR EXAMINATION than just 
left me hanging in vain.  Have you not committed a willful 
neglect of duty, as demonstrated in this case, I should have 
made remedial actions to avoid loss of time, money and 
opportunity. By your negligence, I am required to pay 
another application fee and  wait for another examination 
schedule and suffered prolonged  agony,  
distress and frustration.

Thirdly, had you been  punctual to respond to  my e-mail
 I could have asked and  you could have explained to me  
why a five-year  Bachelor of Science in 
 Management Engineering course would    not merit 
a  6 - educational point requirement
for GRADE 1  WWTP OPERATOR  EXAMINATION. 
As you could see from the educational records, I have  
studied subjects dealing with engineering mathematics, 
physics and chemistry.The course  have subject  studies 
on civil, mechanical ,electrical  and chemical engineering 
reinforced with a great deal of business management 
subjects. Anyway,  just in case, the 5-year BACHELOR OF 
SCIENCE IN MANAGEMENT ENGINEERING course
credentials or records that I have sent to you together with 
my application did not merit a 6- point educational point, 
then, may I request that the same be returned to me with 
comments and annotations so that I may have a chance 
to seek a professional  third   party opinion about the matter.

I will appreciate your kind and prompt response.


Sincerely,


Antonio L. Buensuceso Jr. 





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REPLY TO certain WES WILKINSON













antonio jr. Buensuceso  September 25, 2012
9/25/12
to Wes.WilkinsonChristine.Gord.Debbie.Zuccala
Dear Mr. Wilkinson,

Now,  another person is claiming manager for Ms. Debbie Zuccala.
A person in the name of Christine Gordon  had already claimed she 
was Debbie Zuccala's  manager.
Who else tomorrow and the day after tomorrow?

This shows you are making a fool of  my person.  This is not tolerable.
I felt really upset. I felt insulted and maligned.  Please be reminded 
that I am already much aggrieved. This is too much pain to bear.

Now,  I will be forced  to seek legal remedy about this matter.
FYI
Antonio L. Buensuceso Jr.




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Monday, September 24, 2012

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Sunday, September 23, 2012

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Saturday, September 22, 2012

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Friday, September 21, 2012

Thursday, September 20, 2012

Wednesday, September 19, 2012

Monday, September 17, 2012

Shell boss defends Alaska project as ice halts drilling

Shell boss defends Alaska project as ice halts drilling

Oil chief dismisses fears of another Gulf spill after huge floe forces drill ship to move

, energy editor: Sunday 16 September 2012 17.51 BST

The man at the centre of Shell's controversial drilling programme in theArctic has said he is aware of the responsibility on his head but is convinced the Anglo-Dutch oil group is acting in a fully responsible and accountable way.
Speaking after a huge ice floe forced drilling 70 miles off the north-west coast of Alaska to be temporarily halted, Peter Slaiby, vice-president of Shell Alaska, insisted that the company had learned from theDeepwater Horizon disaster.
"We are raising the bar in the way we have been working with local communities," he said. "We have made 450 different trips to consult and listen to any concerns. We believe the way we are doing this is important – not just for Alaska but for the wider Arctic region."
Shell has spent more than $4.5bn (£2.77bn) over four years preparing for work in the Chukchi and Beaufort seas, off the state's west and north coasts, but has faced legal action, post-Deepwater Horizon drilling bans and a very short summer weather window.
The Chukchi operation finally started eight days ago, on Sunday 10 September, only to be halted almost immediately by the threat of the ice floe, 30 miles long and 12 miles wide, heading towards the drill ship.
The disruption triggered a call from Greenpeace for Shell to end its activities completely. It also precedes a report into what Britain should do to safeguard the Arctic, which is scheduled to be released on Thursday by a House of Commons select committee.
Environmentalists say a spill similar to Deepwater Horizon would be catastrophic in a pristine environment badly affected by climate change and home to threatened mammals such as polar bears, bowhead whales and walrus.
Asked if another major spill would destroy the company's reputation, Slaiby said: "I feel there is a helluva responsibility on my head, but we have clear accountability models. I have the ability to do things in the right way and I have the backing of the most senior leaders in Shell to do things the right way."
The company hopes to have Noble Discoverer, its drill ship, back on station any day now to continue its work, despite demands from Greenpeace and others to call off the operation. Critics have many concerns, from wider fears about new oil production fuelling global warming, to more localised worries that Shell is not as prepared as it claims.
Slaiby, said the company fully understands the impact of carbon on climate change but said oil and gas are still needed to meet growing global energy demand in the near term. "The US Geological Surveysays that about 25% of the world's remaining hydrocarbon reserves are here [the Arctic]. And 25% of those are here in Alaska. Oil and gas are part of the mix, a big part of the energy puzzle, and we have to ensure local communities benefit economically."
As for safety, Slaiby insisted a "very, very robust" oil spill programme had been established to tackle any crisis. He rejected any idea that there could be a repeat of Deepwater, which damaged the beaches of the southern states of the US. "These wells are very, very different from the Gulf of Mexico wells because they do not have the ability to flow at the rate you have in the Gulf: they are shallower. We are not dealing with deepwater wells. The geology is relatively simple and a third of the pressure [can be expected] in the Chukchi … The sea conditions in terms of the wind, waves and currents are not even as extreme as the North Sea, although, clearly, there is no ice in the North Sea."
The decision to move the drill ship once it had started drilling was a demonstration of how careful Shell will be in the event of ice in the region, Slaiby said. However, a freedom of information request by a federal employees group in Washington has shown that only two brief tests were undertaken on Shell's new containment dome designed to prevent oil spewing into the ocean, and there appeared to be no independent verification.
Slaiby, who has worked in the North Sea off Lowestoft in Suffolk, said these revelations gave a misleading picture because Shell had been in meetings over many months with regulators and others about a much wider safety plan. And it had been working for a long time with a third-party contractor and leading drilling safety experts, such as Wild Well Control of Houston.
"We even had the director of BSEE [Bureau of Safety and Environmental Enforcement] out with me looking at the capping stack … I find these charges (of insufficient planning) groundless."
The preparations made by Shell and others have been under review by the House of Commons environmental audit committee which will release its first report, Protecting the Arctic, on Thursday.

SHELL CIRCUMVENTED RA 7641

SYNDICATED ESTAFA


MY QUEST FOR SWINDLED 

RETIREMENT PAY BY SHELL



SWINDLING ITO, SYNDICATED ESTAFA


HOT PURSUIT
DUTY OF LAW ENFORCEMENT ENTITIES


SHELL SWINDLING OF RETIREMENT PAY 5TH YEAR

1001counts
SEE BELOW FOR THE 1001ST   TIME THE REITERATION OF DEMAND PAYMENT OF RETIREMENT PAY WHICH SHELL REFUSED TO HONOR IN THE PRESENCE AND DEEMED APPROVAL OF THE HONORABLE MAGISTRATES OF THE SUPREME COURT OF THE PHILIPPINES


Dishonest scales are an abomination to the Lord, but a just weight is His delight... Proverbs Chapter 11  v. 1
Retirement Pay Law circumvented by Shell subject to penal provision provided for by Article 288 of the Labor Code of the Philippines.





CONTENTS

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