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Petition Targets ExxonMobil For LGBT Employment Protections | Freedom to Work has launched a Change.org petition targeting ExxonMobil for its abysmal lack of protections for LGBT employees. Next week, New York state Comptroller Thomas DiNapoli will bring a shareholder resolution to Exxon’s board meeting adding policies that prevent employees from workplace discrimination based on their sexual orientation and gender identity, despite an attempt by the company’s attempt to block the proposal. The petition parallels pressure on President Obama to sign an executive order instituting similar protections for the employees of all federal contractors.

Climate Progress

Private Empire: ExxonMobil And American Power

by Jason Tanz, via OnEarth Magazine

Perhaps you recall Milo Minderbinder, the ambitious World War II mess hall officer from Catch-22. An avatar of capitalist ambition, Minderbinder expands his modest operation into a full-fledged multinational corporation.

It starts innocently enough — Minderbinder starts buying eggs from Sicily, then arranges a series of increasingly ludicrous deals to turn a profit. The absurd logic of untrammeled capitalism soon drives him to outrageous action, including accepting money from the Germans to bomb his own platoon. He justifies his behavior by pointing out that, as everyone in the troop is an investor — “everybody has a share,” as his catchphrase has it — they are in fact profiting from their own demise.

In Steve Coll’s new book Private Empire, a history of ExxonMobil in the years since the March 24, 1989, Valdez spill in Alaska, CEO Lee Raymond doesn’t quite reach Minderbinderian levels of amorality, but he gets mighty close. His company pays the torture-happy Singaporean military to protect its oil fields from rebel forces. He hires a team of scientists to browbeat researchers attempting to assess the damage from Valdez. He publicly dismisses the very notion of climate change, even as his company explores how global warming might offer new opportunities for oil exploration and profit. “Don’t believe for a minute that ExxonMobil doesn’t think climate change is real,” Coll quotes a manager as saying.

Coll conducted hundreds of interviews to compile this exhaustive — sometimes exhausting — history of one of the world’s most secretive companies. In piercing Exxon’s crude-black veil, Coll is doing more than describing the inner operations of a successful multinational. He is investigating an organization that, in size and influence, may as well be its own nation with its own sovereign interests — a “corporate state within the American state,” as Coll puts it. In capturing the mind-boggling scope of Exxon’s activity, Coll also offers crash courses in the finer points of oil exploration, the bizarre and brutal history of Equatorial Guinea, the rise of piracy in Nigeria, the eco-guerilla movement, resource management in post-Soviet Russia, the finer points of campaign-finance law, the apportionment of oil field contracts in post-war Iraq, and the battle for Acehnese independence. (NB: This is a much-abridged list.)

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Climate Progress

Ka-Ching: A Round-Up Of Big Oil’s Mighty 2012 First-Quarter Profits

by Daniel J. Weiss and Rebecca Leber

Together the big five oil companies—BP, Chevron, ConocoPhillips, ExxonMobil, and Shell—earned a combined $33.5 billion, or $368 million per day, during the first quarter of 2012.

big five oil companies profit, etc.

Recall that these companies made a combined record profit of $137 billion in 2011, mostly due to high oil and gasoline prices. Their ongoing huge earnings mean that these companies do not need $24 billion for a decade’s worth of tax breaks, particularly since the three American companies pay relatively low effective federal tax rates.

Profits for Chevron continued to grow during the first quarter of 2012 compared to this time last year, while they fell slightly for Shell and ConocoPhillips. ExxonMobil and BP saw a decline in first-quarter profits mainly due to reduced oil production (both) and very low natural gas prices (Exxon).

Cumulatively, profits were 7 percent lower than the first quarter of 2011. And more than one-quarter of these profits were used to repurchase companies’ stock. Meanwhile, CEO compensation grew by a whopping average of 55 percent.

Below we dig a little deeper into the big five’s latest earnings—including how they spent them—and explain why companies this profitable should not be receiving billions in tax breaks especially when this money could be spent on other national priorities.

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Climate Progress

Exxon Makes $104 Million In Profit Per Day So Far In 2012, While Americans Are Stuck With A Higher Gas Bill

Last year, ExxonMobil, one of the world’s most profitable companies, earned $1,300 in profits per second. As consumers paid record-high springtime gas prices, Exxon posted first quarter profits of $9.45 billion.

This is down slightly from the first quarter of 2011, when Exxon posted $10.65 billion in profits. Exxon benefited from the high price of oil, but analysts expected slightly lower profits due in part to the cheap price of natural gas, which the company is heavily invested in.

A by-the-numbers look shows how Exxon’s executives and Big Oil’s allies are rewarded generously for the company’s billions, while Americans are stuck with rising gas bills:

$9.45 billion profits, or almost $104 million per day in the first three months of the year.

13 percent: The tax rate Exxon paid last year, lower than the average American family.

60 percent of its first quarter earnings, or $5.7 billion, on buying back stock. Became world’s largest dividend payer by increasing dividends 21 percent.

$1,091,000: Political contributions sent to federal politicians for the 2012 election cycle, making it the largest oil and gas spender.

91% of these contributions went to Republicans.

More than $52,000,000: Lobbying for the first three years of the Obama presidency, 50 percent more than in the Bush Administration.

$34.9 million: Exxon CEO Rex Tillerson’s salary for 2011, a 20 percent raise.

$52,300: Political contributions from Exxon CEO Rex Tillerson in the 2012 cycle, alone.

No. 2: Fortune 500 list of richest companies and for highest-paid CEO.

Exxon not only used 60 percent of its Q1 profits to buy back its stocks, enriching executives and largest shareholders, but it funnels money through political groups like American Legislative Exchange Council (ALEC) and American Petroleum Institute, to influence legislation in its favor.

Economy

REPORT: Corporations Spending The Most On Lobbying See Their Tax Rates Drop

Two-thirds of the largest 200 U.S. corporations lobbied on at least one tax bill between 2007 and 2010, and here’s why: the majority of them ended up paying lower taxes in 2010.

The eight major corporations that spent the most on lobbying, for a total $540 million, all saw their tax rates decrease. According to a Sunlight Foundation report, the odds that those companies saw lower rates merely by chance is less than 1 in 100. The odds that six of those corporations paid seven percentage points less is even lower, at only 1 in 100,000.

Instead, the reduction was likely a result of their presence in Washington, lobbying for tax giveaways.

Company

2007-2010 decline

2007 rate

2010 rate

2007- 2009 lobbying (in millions)

Estimated tax reduction (in millions)

Exxon Mobil

-1.1%

41.8%

40.7%

$81.92

-$565.32

Verizon Communications

-7.9%

27.4%

19.4%

$77.58

-$1,005.51

General Electric

-7.6%

15.0%

7.4%

$73.17

-$1,082.70

At&T

-40.4%

34.0%

-6.4%

$70.96

-$7,359.95

Altria

-1.6%

28.9%

27.4%

$63.31

-$160.66

Amgen

-7.1%

20.1%

13.0%

$58.33

-$377.16

Northrop Grumman

-11.4%

32.9%

21.5%

$57.56

-$296.08

Boeing

-7.1%

33.7%

26.5%

$56.99

-$321.5

Median among 200 companies

-0.6%

31.8%

31.6%

$5.48

-$13.08


These companies are notorious for tax dodging, like ExxonMobil, which spent the most on lobbying and paid $565 million less in taxes. AT&T received the greatest return on lobbying, paying $7.3 billion less. Both of these companies spent even more on lobbying in 2011, with Exxon spending up by $300,000 and AT&T’s up $4,834,922. Exxon’s 2011 tax rate decreased from 17.6 to 13 percent in 2011.

The Huffington Post also pointed to a 2011 study finding that the 280 most profitable corporations paid an average 18.5 percent tax rate, benefiting from industry-specific tax breaks, loopholes and offshore tax shelters.

Climate Progress

How Exxon Mobil Finances The Republican Party


The Senate minority who last week blocked a vote on ending Big Oil subsidies received more than four times the oil and gas contributions than the 51 senators voting to end them. Exxon Mobil, the world’s most profitable corporation, has helped preserve these and other loopholes for oil and gas by building a Washington force tied intimately to conservative lawmakers, Steve Coll reports in this week’s New Yorker. The corporation relies on an algorithm to determine tiers of oil industry allies and sent 90 percent of contributions to Republicans last year.

Lacking the same connections it had from the Clinton and Bush administrations, Exxon’s strategy has shifted in Washington to pursuing a “blocking strategy” that thwarts climate and tax reform legislation:

During both the Bush and the Obama Administrations, ExxonMobil has concentrated its efforts in Washington on preventing certain tax and regulatory bills from being enacted, such as Obama’s proposal, this winter, to strip away industry tax advantages. The corporation has invested mainly in a blocking strategy, focussing its PAC donations on Republicans who can try to assure that no damaging laws go through. “Whoever’s in power in the House has almost dictatorial power,” a Washington consultant who has worked on oil-industry issues says. “If you control what’s going on in the House, you have huge influence over the final” legislation, as well as over the budgets and spending mandates that shape regulation.”

In the past decade, the leading recipient of ExxonMobil PAC contributions has been Representative Joe Barton, a Republican from Texas, who has held senior positions on the House Energy and Commerce Committee, where most legislation affecting the oil industry originates. Anne Northup, a former Republican congresswoman from Kentucky, who now serves on the Consumer Product Safety Commission, received the second largest amount of campaign money. ExxonMobil’s ten leading campaign contribution recipients in that decade were all House Republicans, according to research done by the journalist Ann O’Hanlon.

Exxon is the largest political contributor in the oil and gas industry, spending nearly a million so far in the 2012 election cycle and another $12.7 million in 2011; it also funds corporate front group American Legislative Exchange Council (ALEC). The strategy has paid off for Exxon, which made 35 percent higher profits last year on higher gas prices, yet paid a lower federal tax rate of an estimated 13 percent.

Climate Progress

Exxon Mobil’s Tax Rate Drops To 13 Percent, After Making 35 Percent More Profits On Rising Gas Prices In 2011

Exxon Mobil, the most profitable of the big five oil companies, made $41.1 billion in profits last year. Although Exxon made 35 percent more profits since 2010, its estimated effective tax rate actually dropped. Citizens for Tax Justice reported Exxon paid only 17.6 percent taxes in 2010, lower than the average American, and a Reuters analysis using the same criteria estimates that Exxon will pay only 13 percent in effective taxes for 2011. Exxon paid zero taxes to the federal government in 2009.

Reuters compares the 45 percent tax rate Exxon claims it pays to the effective rate estimated by Citizens for Tax Justice — a rate that’s even lower than Mitt Romney’s tax rate. Chevron, which made $26.9 billion profit in 2011, paid 19 percent:

Citizens for Tax Justice considers U.S. profits and U.S. taxes paid only. By that measure, Exxon Mobil paid 13 percent of its U.S. income in taxes after deductions and benefits in 2011, according to a Reuters calculation of securities filings.

It is a far cry from the 35 percent top corporate tax rate.

Still, the three-year average for telecom companies is 8 percent; for information technology services companies, it is 2.5 percent, according to CTJ.

Chevron CEO John Watson recently claimed “We’re the highest taxed industry that I’m aware of” while the American Petroleum Institute has claimed the industry pays a tax rate at more than 40 percent. But as Reuters explains, the oil industry uses a different methodology to claim it pays an artificially higher tax rate to the public. The industry “lumps together U.S. and foreign taxes. It includes taxes that are deferred and thus not paid yet. U.S. companies must pay taxes on profits earned abroad, but they can defer these taxes until they bring the cash into the country.” The big five use this tactic of hoarding cash oversees in tax havens, cutting their tax rates drastically. Exxon uses at least 20 tax shelters. These tax loopholes permit Exxon to pay a rate in-line with Mitt Romney, who’s also notorious for tax dodging.

LGBT

ExxonMobil Fails To Block Shareholders From Advancing LGBT Employment Protections

ExxonMobil is by far the least LGBT-friendly company in the Fortune 500. This past December, the Human Rights Campaign issued the company its first-ever negative score on the Corporate Equality Index, which tracks the LGBT inclusiveness of 636 major companies.

Recently, ExxonMobil made another attempt to limit protections for its LGBT employees by blocking shareholders from advancing an equal employment opportunity policy that would protect sexual orientation and gender identity. The company claimed that a “zero-tolerance” policy is already on the books, but the Securities and Exchange Commission did not agree, pointing out that it does not have the same legal force or consistency across the company as the proposed protections:

We are unable to concur in your view that ExxonMobil may exclude the proposal under rule 14a-8(i)(l0).  Based on the information you have presented, it appears that ExxonMobil’s policies, practices, and procedures do not compare favorably with the guidelines of the proposal and that ExxonMobil has not, therefore, substantially implemented the proposal.  Accordingly, we do not believe that ExxonMobil may omit the proposal from its proxy materials in reliance on rule 14a-8(i)(10).

This could mean that shareholders might finally have the opportunity to advance a modicum of LGBT protections at the company, but the effort by executives to block that proposal is troubling, to say the least. Prior to 1999, Mobil actually did prohibit discrimination based on sexual orientation and offered health benefits to domestic partners of employees, but Exxon removed those policies when the two merged.

ExxonMobil has over 80,000 employees worldwide who could be impacted by the policy. Assuming no further obstructions, the shareholders will vote on the proposal on May 30.

Climate Progress

Exxon Mobil CEO: Heated Rhetoric On Iran Is ‘Unknown’ Factor That Could Lead To $5 Gas

With international tensions and Wall Street speculation pushing gas prices up, experts are floating the possibility of $5 gas prices this summer. Conservatives have seized on unsubstantiated explanations for higher gas prices, from President Obama “wanting” expensive gas to restricting domestic production, despite it being at an eight-year high.

Today, Exxon Mobil CEO Rex Tillerson said that the “supply and demand is fine” — the driving factor is “concerns about the rhetoric” over Iran. As Tillerson points out, hawkish rhetoric is enough to fuel oil speculation and gas prices:

As I look at just the supply and demand fundamentals, I would not expect to see prices reach that [$5] level. Again, the unknown in here is if the markets view of the political risk, if the rhetoric gets more heated, if there’s a problem someplace else in the world that flares up, then certainly it can drive these prices up further.

Even during last year’s price spike, Tillerson admitted the major role speculation played, adding up to $40 more per barrel.

Exxon is not especially interested in oil production levels or easing gas prices, despite lambasting “dysfunctional regulation.” Not only is supply and demand “fine,” but Tillerson noted the company cares less about production than maximizing profits:

Rather than immediate production, Mr Tillerson said a priority for the company was to do “a lot of studying” to understand how to maximise the long-term value of its resources.

“A lot of the players in this space are more cash-flow driven. We’re return-driven. We don’t have ongoing cash flow to maintain our holding around these resources. It’s really about how are we going to develop these over the next 20 to 30 years and have them really generate good profitability.

Of course, this is not the story the industry tries to tell the public. Big oil benefits from the higher gas prices — no matter whether it’s driven by speculation on international conflict. The big five are slated to take at least $5.8 billion more profit from higher prices for the first three months this year.

Justice

Is The ‘Mother Of All Corporate Immunity’ Cases About To Get Even Worse?

Last week, the Supreme Court heard the “mother of all corporate immunity” cases, a case that literally presents the question of whether oil companies that engage in torture are immune from a federal law holding the most atrocious human rights violators accountable to international norms. After last week’s oral argument, it was clear the case did not go well. The Court appeared poised to hold that corporations — all corporations — are immune from this law altogether.

Now, however, it could be much worse. Yesterday, the Supreme Court issued an order asking for additional briefing in the case and opening up the possibility that they could go much further than simply immunizing corporations from following this law:

This case is restored to the calendar for reargument. The parties are directed to file supplemental briefs addressing the following question: “Whether and under what circumstances the Alien Tort Statute, 28 U.S.C. §1350, allows courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States.”

To translate this a bit, when the Supreme Court agrees to hear a case, they normally announce which “questions presented” they will decide. Originally, the primary question presented in this case was whether or not corporations can be held accountable for “violations of the law of nations such as torture, extrajudicial executions or other crimes against humanity” in U.S. court. Yesterday, however, the Court expanded this inquiry into whether anyone can be held accountable for major human rights violations abroad. The Court could very well hold that corporations are immune from accountability under the law holding human rights violators accountable — and so is everyone else.

To be fair, there is a narrow ground that would allow the justices to dispose of this case without causing as much harm to international human rights standards. The case involves a foreign corporation that committed its alleged actions on foreign soil, so it is not entirely certain that American courts can reach its actions anyway. Yet, even if the Court were to kick the case on this relatively narrow ground, it might only delay a future when American corporations that torture foreigners abroad would also be free to go about their business. Even as the Court is considering how to dispose of this current case, another, very similar case was recently decided by a lower court that also involves allegations of mass atrocities perpetrated by a corporation. Unlike the current case, however, this other case involves Exxon — and American corporation.

In other words, the Supreme Court could immunize foreign corporations from the law today, and then use Exxon’s case to immunize American corporations tomorrow.

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