ExxonMobil just won a big climate court case in New York. But it’s not in the clear yet.

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ExxonMobil just won a big climate court case in New York. But it’s not in the clear yet.

Dec 12. 2019
By The Washington Post · Dino Grandoni 909 Viewed

ExxonMobil just beat the state of New York in a closely-watched climate fraud case. But other state and local governments suing the oil and natural gas company say they remain confident they can still prevail in their own legal fights.

The nation’s largest energy company successfully fended off claims Tuesday by New York that it misled investors for years in how it calculated the financial risks of climate change. The high-profile trial marked the culmination of a four-year-old probe under three top prosecutors in New York.

But Exxon is not yet in the clear. Congress too gridlocked to pass major climate legislation, other left-leaning cities and states have also turned to the courts to hold oil companies accountable for their role in climate change – and are making their cases on arguments different than those brought in New York.

“The New York suit was based on one specific alleged violation of a statute that is peculiar to New York,” said Michael Gerrard, a professor of environmental law at Columbia Law School. “That theory didn’t fly. But it has little bearing on the wide variety of other legal theories that are being deployed in climate change cases.”

New York Supreme Court Judge Barry Ostrager ruled that the state failed to show that the oil giant broke state securities laws when describing to shareholders how it analyzed the effect of future greenhouse gas regulations on the company’s bottom line, Steven Mufson and I reported.

During a 12-day trial this fall, the state tried to wield a powerful anti-fraud state law, called the Martin Act, that does not require prosecutors to prove that a company intended to deceive investors. The office of New York Attorney General Letitia James, a Democrat, tried to show the company lied to investors by keeping two sets of books – one public, one private – for estimating the cost of complying with future climate regulations.

But even with that relatively low bar, Ostrager found New York’s allegations “to be without merit” and the use of the state’s securities law to be a stretch. Ostrager found that Exxon had been transparent about the two different ways it calculated those costs and that New York had failed to show that “any reasonable investor” would have been misled.

Taking heed of that ruling is Massachusetts Attorney General Maura Healey, a Democrat who brought a similar suit against Exxon in October. Her office, like New York, says Exxon misled with its use of so-called “proxy costs” for carbon.

But that is not the only claim Massachusetts is making. The state is also suing Exxon for misrepresenting the environmental benefits of some of its gasoline and motor oil products and for failing to disclose the risks of climate change caused by burning fossil fuels.

Chloe Gotsis, a spokeswoman for Healey’s office, said Massachusetts is not daunted by the ruling from New York since its claims relate to advertising, and not just cost estimates for complying with regulation.

“We will continue our work to hold the company accountable for its misrepresentations,” she said.

Andrew Logan, director of the oil and gas program at Ceres, a non-profit group of environmentalists and investors, said the emphasis on consumers and misinforming the general public in the Massachusetts case would avoid the need to find harm to a “reasonable investor.”

“These cases will get easier to prove unfortunately as climate change gets worse,” Logan said. “But if you wait long enough for damage to be obvious, you miss the opportunity to prevent it in the first place.”

Perhaps even more concerning to Exxon and other oil companies is the slew of other local governments seeking compensation from them for the damage rising temperatures have already wrought to drought-plagued farmers and beachfront businesses.

Prosecutors in Baltimore, Rhode Island, San Francisco and Oakland, as well as coalitions of communities in the mountains of Colorado and along the coast of California, have brought lawsuits in state court claiming various oil companies have created a “public nuisance” – a charge more typically brought against a noisy neighbor – for the heat-trapping pollution their products have put into the atmosphere.

Those cases are still winding their way through the court system, and there are still a number of hurdles litigants need to leap. Federal judges are still sorting out whether the claims should be heard at the state or federal level. Oil firms have sought to move the cases to the federal court system since the Supreme Court has ruled in favor of industry in a 2011 public nuisance suit.

But the ruling out of New York shouldn’t be one of those barriers, said David Bookbinder, chief counsel at the Niskanen Center, a think tank in Washington, since the public nuisance cases rely on a different set of laws.

“It has zero relevance to those cases,” said Bookbinder, who is representing the three local governments in Colorado in their suit against Exxon and Suncor Energy, a Canadian oil company.

Last year, Exxon gave $1 million to promote a plan to grant oil companies immunity from climate lawsuits in exchange for passing a tax on carbon emissions, though the group that came up with that plan, Americans for Carbon Dividends, recently backed away from the idea of shielding companies from court cases.

Chevron to take $11 billion writedown amid weak gas prices

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Chevron to take $11 billion writedown amid weak gas prices

Dec 12. 2019
A Chevron gas station in Dallas on July. 26, 2017. MUST CREDIT: Bloomberg photo by Cooper Neill.
Photo by: Cooper Neill — Bloomberg

A Chevron gas station in Dallas on July. 26, 2017. MUST CREDIT: Bloomberg photo by Cooper Neill. Photo by: Cooper Neill — Bloomberg
By Syndication Washington Post, Bloomberg · Kevin Crowley 

895 Viewed

Chevron Corp. expects to write down as much as $11 billion in the fourth quarter, more than half of it from its Appalachia natural gas assets after a slump in prices.

The U.S. oil major is considering the sale of its shale-gas holdings, along with its Kitimat liquefied natural gas project in Canada, according to a statement Tuesday. Chevron said it will keep its 2020 capital budget at $20 billion, the third consecutive year it hasn’t boosted spending.

The company’s actions come from a chief executive officer, Mike Wirth, whose mantra has been capital discipline. Wirth earlier this year earned $1 billion for the company by walking away from a bidding war for Anadarko Petroleum Corp. San Ramon, California-based Chevron is the best performer among the five Western oil majors this year, but it has faced mounting costs at its Tengiz project in Kazakhstan.

“The Appalachia writedown should be baked in, but the others are incrementally negative” for the stock, said Muhammed Ghulam, a Houston-based analyst at Raymond James & Associates. “I would expect most companies to have to write down gas assets this year.”

Chevron follows Schlumberger and Repsol in ascribing a lower value to their assets at a time when the growing adoption of cleaner energy stokes speculation that demand for fossil fuels may peak in a few years, while supplies keep rising. The oil-services giant posted a $12.7 billion writedown in October, while the Spanish producer took $5.3 billion off its balance sheet last week.

The gas glut is particularly pronounced in North America where shale production is flooding local markets. Wirth said his decision to walk away from certain gas assets illustrates the company’s discipline in protecting shareholder funds.

“The best use of our capital is investing in our most advantaged assets,” Wirth said in the statement. “With capital discipline and a conservative outlook comes the responsibility to make the tough choices necessary to deliver higher cash returns to our shareholders over the long term.”

Wirth has made crude production from the Permian Basin a centerpiece of his global strategy, with a budget of $4 billion for the shale play next year. The giant Tengiz joint venture in the Caspian Sea, whose total cost has surged to about $45 billion, will receive $3.75 billion from Chevron in 2020.

“Tengiz project overruns raised questions about Chevron’s commitment to capital discipline, but plans to shelve or divest Appalachia and Kitimat LNG show the company will target returns over resources,” Bloomberg Intelligence analyst Fernando Valle wrote in a note.

U.S. natural gas futures prices have slumped this year amid a supply glut, and are now averaging about $2.54 per million British thermal units. If it finishes the year at that level, it’ll be the lowest average price since 1999.

The move to write down Appalachian gas is likely to put pressure on other producers in the region to do the same. Newly built gas export terminals along the U.S. Gulf Coast have so far failed to absorb the excess supply.

Chevron held more than 750,000 net acres in the Marcellus and Utica shale formations, which stretch from West Virginia to Pennsylvania and Ohio, according to a 2017 fact sheet on its website. The writedown also encompasses the Big Foot oil platform in the U.S. Gulf of Mexico, which began producing last year.

Huawei wins Telefonica deal to help build German 5G network

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Huawei wins Telefonica deal to help build German 5G network

Dec 12. 2019
The Huawei logo at the IFA consumer electronics show in Berlin on Sept. 5, 2019. MUST CREDIT: Bloomberg photo by Krisztian Bocsi.

The Huawei logo at the IFA consumer electronics show in Berlin on Sept. 5, 2019. MUST CREDIT: Bloomberg photo by Krisztian Bocsi.
By Syndication Washington Post,  Bloomberg · Stefan Nicola

788 Viewed

China’s Huawei Technologies Co. just got a seal of approval from one of Germany’s biggest telecom companies.

Telefonica’s German unit, which operates the country’s second-largest wireless network, picked Huawei and Finland’s Nokia to take an equal role supplying its fifth-generation mobile phone network upgrade, the company said in a statement Wednesday. The deal is subject to the firms getting certified by German authorities, it said.

The announcement is a boon to Huawei after Deutsche Telekom AG said last week it has stopped ordering new 5G equipment because of political uncertainty over Chinese suppliers. Huawei has repeatedly denied allegations its equipment could be used for espionage.

There’s one caveat, though. The German government is currently drawing up security guidelines for the country’s 5G network expansion, in a move that’s expected to require certification of equipment, including antennas.

Hawks in the intelligence community would like to tighten the rules in a way that would block Huawei. Chancellor Angela Merkel has said in the past she doesn’t want to bar the Chinese firm as long as it abides by certain security standards. It isn’t yet clear what requirements will ultimately be put in place, so it may be too early for Huawei to declare victory in Germany.

The deal with both firms to supply the less-sensitive radio access network “will be subject to the successful safety certification of the technology and the companies,” Telefonica Deutschland Holding said in the statement. The company “is taking into account the ongoing political process of establishing these security guidelines without delaying the start of the 5G expansion.”

Telefonica Deutschland hasn’t yet selected a supplier to upgrade the more-sensitive core network — the ‘brain’ that houses control functions — and won’t do so until next year, Chief Executive Officer Markus Haas said on a call with reporters.

The company’s shares fell 2.1% at 11:24 a.m. in Frankfurt. Its strategy update, presented to investors in London this morning, indicated it would cut its 2019 dividend to 17 euro cents a share from 27 euro cents.

Telefonica Deutschland is targeting sales growth of at least 5% through 2022 and is seeking to improve its profit margin during that period. The company is confident it can win more customers in rural areas and add fixed-line clients as well as corporate customers that install 5G in their factories, Haas said on the call.

Saudi oil giant Aramco starts trading shares a week after historic IPO

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Saudi oil giant Aramco starts trading shares a week after historic IPO

Dec 11. 2019
Employees monitor trading prices for Saudi Aramco stocks in the investment branch of the Arab National Bank in Riyadh, Saudi Arabia, on Dec. 11, 2019. MUST CREDIT: Bloomberg photo by Faisal Al Nasser.

Employees monitor trading prices for Saudi Aramco stocks in the investment branch of the Arab National Bank in Riyadh, Saudi Arabia, on Dec. 11, 2019. MUST CREDIT: Bloomberg photo by Faisal Al Nasser.
By The Washington Post · Sarah Dadouch 

658 Viewed

The Saudi Arabian Oil Company, the most profitable commercial enterprise in the world, started trading shares on Wednesday, a week after its long-awaited listing on the Saudi Arabian stock exchange broke the record as the largest initial public offering (IPO) in history.

 

The company, known as Aramco and frequently dubbed the “crown jewel” of Saudi Arabia, was partially privatized as part of a campaign by Saudi Crown Prince Mohammed bin Salman to wean the kingdom off its dependence on oil.

Since becoming the heir to the crown in 2017, Mohammed has emphasized the importance of economic diversification in the conservative kingdom. Global fears regarding climate change and worries about the use of fossil fuels has played a part in Saudi Arabia selling a stake in Aramco, which was the world’s most profitable company last year, followed by Apple and Industrial & Commercial Bank of China.

Last week’s IPO stood at $1.7 trillion, making Aramco the most valuable listed company in the world, but fell short of the $2 trillion valuation aimed for by Mohammed. The company floated 1.5 percent of its stake on the Riyadh stock exchange, or Tadawul.

Initially priced at 32 riyals ($8.53), shares rose the maximum 10 percent to 35.2 riyals on Wednesday, giving Aramco a market value of around $1.88 trillion, Reuters reported, surpassing Apple who made history when it became the first $1 trillion publicly traded company.

More than 80 percent of the stake sale was bought by Saudi buyers, Reuters reported, following lukewarm interest from international investors. Saudi Arabia was shunned by some financial institutions for a brief period of time following the brutal murder of Washington Post columnist Jamal Khashoggi, who was killed in the Saudi consulate in Istanbul as a result of his criticism of Mohammed.

King Power lone bidder for duty-free concession at Don Mueang International Airport

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King Power lone bidder for duty-free concession at Don Mueang International Airport

Dec 11. 2019
By THE NATION

1,245 Viewed

King Power Duty Free of King Power Group was the only company submitting a bidding price for duty-free concession at Don Mueang International Airport, a senior official of Airports of Thailand said today (December 11).

Wichai Bunyu, AOT senior executive vice president/Business Development and Marketing, said today that only King Power had submitted a price since the bid was called.

The Mall Group, which had picked up the term of reference earlier, did not participate.

AOT asked King Power to present details of the bid on December 13 and will open its bid letter on December 16. The bid winner is obliged to guarantee a minimum revenue sharing of 20 per cent of total revenue with AOT.

In a related matter, AOT is selling term of reference document for the bids to operate duty free pick-up counter service at Don Mueang Airport and Suvarnabhumi Airport under concessions

King Power group and Bangkok Airways Public Company Limited have picked up the document.

AOT will stop selling the TOR on December 13, after which bidders must submit their bidding prices on January 17 next year.

Krungsri Bank’s new chief strategy officer named

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Krungsri Bank’s new chief strategy officer named

Dec 11. 2019
 Pairote Cheunkrut

Pairote Cheunkrut
By THE NATION

1,159 Viewed

Krungsri (Bank of Ayudhya), a member of Mitsubishi UFJ Financial Group (MUFG), has appointed Pairote Cheunkrut as Chief Strategy Officer, effective January 1.

He will hold management responsibility for the bank’s business strategic direction and support across nine divisions under Krungsri’s Corporate Strategy and Planning Group, namely Corporate Planning, Business Transformation, Customer Experience Management, Corporate Branding and Marketing, Finance and Risk Project Management, Business Process Planning and Management, Research, Central Administration, and Environmental, Social and Governance.

“Khun Pairote has solid management experience and deep technical strength that will surely contribute to the bank’s strategy in advancing to the next level,” said Seiichiro Akita, Krungsri president and CEO.

“His accomplishments at Krungsri Auto have helped Krungsri’s ‘Think Digital First’ and financial inclusion strategies come to fruition, while driving the Bank towards its ambition to be a top-tier financial group in Thailand.”

Prior to this appointment, Pairote was Head of Krungsri Auto Group. He brings with him 24 years of experience in consumer finance and management at Krungsri Auto, GE Capital Auto Lease and GE Money Thailand.

Tax relief approved for govt housing scheme

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Tax relief approved for govt housing scheme

Dec 12. 2019
Government Spokeswoman Narumon Pinyosinwat

Government Spokeswoman Narumon Pinyosinwat
By THE NATION

700 Viewed

The Cabinet on December 11 approved the waiver of personal income tax on Bt50,000 cash rebate people will gain from the “Baan Dee Mee Down” government housing purchase campaign.

Government Spokeswoman Narumon Pinyosinwat said that this means those who will get the Bt50,000 cash rebate from the campaign would not have to take the amount into calculation for tax payment.

The Cabinet announced this campaign last month to reduce home-purchase costs.

To be eligible, the buyer must have a monthly salary not exceeding Bt100,000 and included in the Revenue Department’s tax database of around 100,000 individuals under this category.

The campaign will end on March 31, 2020.

According to Finance Ministry spokesman Lavaron Sangsnit, the number of people registering for the privilege in the Baan Dee Mee Down project yesterday (December 11) was 40,906. Wednesday was the first day of registration.

Early this month the Cabinet approved the Finance Ministry’s proposed regulations to waive personal income taxon the financial privilege given to registered consumers, under the government’s economic stimulus package “Eat, Shop, Spend”.

This means the Bt1,000 handout and the ‘cash-back’ amount will not come into calculation for tax payment.

Economy to pick up on state enterprises’ investment

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Economy to pick up on state enterprises’ investment

Dec 12. 2019
By THE NATION

813 Viewed

State enterprises’ investment of around Bt100 billion in the current quarter will spur the local economy, said Finance Minister Uttama Savanayana yesterday (December 11) at an event hosted by Thansettakit newspaper.

He said that the Thai economy would not enter into a recession and could continue its growth momentum. The ministry has forecast a 3-per cent growth next year.

He added that state enterprises had been told to accelerate budget spending in the last quarter.

If needed be, the government is ready to introduce additional stimulus packages next year, he said.

The Prayut Chan-o-cha administration has launched stimulus packages for many sectors, from real estate to tourism.

He said  the key factor in boosting the economy was to raise the confidence of consumers and investors.

In a related matter, S&P Global Ratings on December 11 revised its outlook on Thailand’s sovereign credit rating to positive from stable.

At the same time, it affirmed its ‘BBB+’ long-term and ‘A-2’ short-term foreign currency sovereign credit ratings, and its ‘A-‘ long-term and ‘A-2’ short-term local currency ratings on Thailand.

ECB policymakers said to discuss central bank digital currency

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ECB policymakers said to discuss central bank digital currency

Dec 12. 2019
The stars of the European Union (EU) sit on banners flying outside the European Central Bank (ECB) headquarters in Frankfurt, Germany, on Nov. 27, 2019. MUST CREDIT: Bloomberg photo by Peter Juelich.

The stars of the European Union (EU) sit on banners flying outside the European Central Bank (ECB) headquarters in Frankfurt, Germany, on Nov. 27, 2019. MUST CREDIT: Bloomberg photo by Peter Juelich.
By Syndication Washington Post, Bloomberg · Jana Randow, Paul Gordon, Carolynn Look 

856 Viewed

European Central Bank policymakers meeting in Frankfurt this week will discuss the prospect of launching their own digital currency, according to euro-zone officials familiar with the matter.

Governing Council members expect to talk about the topic informally at dinner on Wednesday, a day before their policy meeting under new President Christine Lagarde, the people said, asking not to be named as such deliberations are private. An ECB spokesman declined to comment.

While there’s no expectation of an imminent decision, the symbolism of the debate on the eve of Lagarde’s first interest-rate decision shows how far she is willing to shake up the ECB by embracing modern-day challenges, as she has with climate change. It’s another signal that her upcoming strategic review could augur a radical overhaul of the two-decade-old institution.

Lagarde has long argued that central banks should consider the merits of issuing their own digital currency. In her previous job as head of the International Monetary Fund, she said it could support public goals such as financial inclusion, consumer protection and payment privacy.

The idea has gained momentum in recent years, spurred in part by the rise of cryptocurrencies such as Bitcoin. Facebook Inc.’s plans this year for a global digital currency sparked a backlash among governments, but also fueled the debate that public authorities risk being left behind as consumers turn to private-sector initiatives that skirt the traditional banking system.

The ECB said last week that it’ll develop its own digital currency if the private sector can’t make cross-border payments faster and cheaper, arguing that technological innovation is quickly transforming how retail payments are made. In a document prepared for the European Parliament, the central bank said it is analyzing the situation and will be ready to respond if needed.

The People’s Bank of China is already working on a digital currency and the Bank for International Settlements, a hub for monetary cooperation, published a survey this year showing most central banks are considering the implications of doing so. BIS head Agustin Carstens said last week that they “have a responsibility to be at the cutting edge of the debate.”

Bank of England Governor Mark Carney has gone so far as to suggest that a global central bank digital currency might one day replace the dollar as the international reserve currency.

Still, there’s also plenty of skepticism. U.S. Treasury Secretary Steven Mnuchin said only last week that he and Federal Reserve Chairman Jerome Powell don’t see a need to create a Fed digital currency for at least the next five years. Powell previously told a lawmaker that the Fed is studying the costs and benefits of such a move.

Within the euro zone, the Dutch central bank carried out two cryptocurrency experiments in 2015, finding that drawbacks included industry fragmentation and self-interest among financial incumbents. In 2016, Germany’s Bundesbank and the stock exchange tested blockchain — the technology underlying cryptocurrencies — for transferring and settling securities and cash, concluding that the process was too expensive and slow.

Bundesbank President Jens Weidmann has said there is no need for a central bank digital currency for the broad public. He warned it could even weaken financial stability, as people might cause a bank run in a crisis by rapidly shifting their cash to the safer home of a central-bank account.

Thai sovereign credit rating raised to positive

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Thai sovereign credit rating raised to positive

Dec 11. 2019
By THE NATION1,081 Viewed

S&P Global Ratings revised its outlook on Thailand’s sovereign credit rating to positive from stable.

It also affirmed our ‘BBB+’ long-term and ‘A-2’ short-term foreign currency sovereign credit ratings, and its ‘A-‘ long-term and ‘A-2’ short-term local currency ratings on Thailand, according to its statement issued on Wednesday.

Its transfer and convertibility assessment remains ‘A’.

The positive outlook reflects its assessment that political uncertainty in Thailand has begun to ease with the return of an elected government.

With progress in implementing national reforms and strategy plans, it believes policy continuity and political stability will improve.

It may raise the rating over the next 24 months if there are clearer signs the key political players are committed to the current political framework and that abrupt and unexpected political changes become unlikely.

In this scenario, it expects the government will continue to implement key reforms and strategies according to national plans, despite the complexities of operating in a multiparty parliamentary democracy.

It could revise the outlook to stable if pressure on the current political process builds substantially, resulting in increasing social tensions and uncertainty that raise the likelihood of abrupt political changes.

In addition, if growth is persistently weaker than what it has currently forecast, it could also revise the outlook to stable.