Showing posts with label contamination. Show all posts
Showing posts with label contamination. Show all posts
Friday, December 30, 2011
Chevron Dodging Explanations About Its Misconduct Again
Anytime I read "no comment" or "refused to answer questions," I am immediately suspect. More often than not, Chevron clams up when questions get tough and direct. See this Chevron Pit for another example of the company dodging explanations about their misconduct in Ecuador, where the company faces an $18 billion judgment for one of the world's worst environmental disasters ever.
Labels:
big oil,
Chevron,
Chevron Pit,
contamination,
Ecuador,
pollution
Thursday, December 22, 2011
Chevron wants to "Donate" money to Ecuador
Give me a break! Chevron wants to "donate" money to Ecuador to help protect the rainforest. Right. Chevron has been fighting a lawsuit to help residents of the area the Chevron contaminated with 18 billion gallons of toxic water and oil. An Ecuador judge sticks the company with an $18 billion judgment, and now Chevron wants the government of Ecuador to get the judgment squashed in exchange for $500 million. Let's hope the government stands up to the oil giant. Here is a blog all about it.
Monday, May 23, 2011
Chevron Accuses Everyone But Is Blind to Its Own Wrongdoings
Chevron has been acting as if it is above the law from the very beginning of the pollution lawsuit in Ecuador. The oil giant has tried every possible move to avoid paying for the cleanup of its own toxic mess in the Ecuadorian rain forest. Some of Chevron's doings have been unjust and very often illegal. A perfect example would be Diego Borja admitting Chevron tried to manipulate the evidence.
Chevron seems to think blatant lies and manipulation are acceptable as long as it works in Chevron's favor, but the oil giant is very quick to accuse others of wrongdoing even when there's no reason to. Chevron accused Ecuadorian plaintiffs of illegally communicating with court appointed experts. But, there are two facts that Chevron chose to completely ignore. One- such meetings are completely acceptable. Two- Chevron's officials have met with with technical experts as well and Chevron did not find it inappropriate then. What makes Chevron look even more foolish is that after requesting the court to appoint an expert to conduct tests at some of the oil sites in Ecuador, Chevron refused to pay the expert after he found contamination at those sites.
Chevron seems to think blatant lies and manipulation are acceptable as long as it works in Chevron's favor, but the oil giant is very quick to accuse others of wrongdoing even when there's no reason to. Chevron accused Ecuadorian plaintiffs of illegally communicating with court appointed experts. But, there are two facts that Chevron chose to completely ignore. One- such meetings are completely acceptable. Two- Chevron's officials have met with with technical experts as well and Chevron did not find it inappropriate then. What makes Chevron look even more foolish is that after requesting the court to appoint an expert to conduct tests at some of the oil sites in Ecuador, Chevron refused to pay the expert after he found contamination at those sites.
Labels:
Amazon,
big oil,
Chevron,
contamination,
Diego Borja,
Ecuador,
environment,
lawsuit,
oil contamination,
pollution
Tuesday, March 15, 2011
More On Judge Lewis Kaplan
Chevron Pit just posted a few quotes form Lewis Kaplan, the judge who blocked the enforcement of the $9.5 billion judgment against Chevron for oil contamination in the Amazon rainforest.
Judge Kaplan sounds very worried about Chevron’s wellbeing and shows absolutely no concern for Chevron’s victims.
Read more here.
“On the other hand, we are dealing here with a company of considerable importance to our economy that employs thousands all over the world, that supplies a group of commodities, gasoline, heating oil, other fuels and lubricants on which every one of us depends every single day. I don't think there is anybody in this courtroom who wants to pull his car into a gas station to fill up and finds that there isn't any gas there because these folks have attached it in Singapore or wherever else.”
Judge Kaplan sounds very worried about Chevron’s wellbeing and shows absolutely no concern for Chevron’s victims.
Read more here.
Labels:
big oil,
Chevron,
contamination,
Ecuador,
lawsuit,
oil contamination,
oil spill,
pollution,
Texaco
Monday, March 7, 2011
The Damage In Ecuador Is So Great, Chevron’s Own Tests Can’t Hide It
Chevron hired an independent expert to test the soil in Ecuador to prove there is no contamination, but the environmental damage in the Amazon is so great even Chevron’s own expert couldn’t deny it.
Here’s what Chevron’s tests showed:
Here’s what Chevron’s tests showed:
- All but one facility had contaminated water discharge into creeks and streams.
- Hydrocarbon contamination at all facilities and a majority of drilling sites
- Water waste was historically discharged into surface water.
- “An oil spill prevention and control plan was not identified. The audit teams also did not observe any spill control or containment equipment.”
- Rather than cleaning chemical or hydrocarbon spills, the oil company covered the spills with sand.
Labels:
Chevron,
contamination,
Ecuador,
environment,
lawsuit,
oil spill,
pollution,
Texaco
Wednesday, March 2, 2011
Devastating effects
A few days ago New York Times reporter Ian Urbina wrote an article about devastating effects of hydrofracking on the environment. Billions of gallons of wastewater filled with toxins being improperly disposed of; contamination of drinking water and soil; unusually high rates of cancer and other illnesses sound awfully familiar, don’t they? Chevron Pit points out similarities between the results of the investigation into the harmful effects of hydrofracking and the environmental damages in Ecuador caused by Chevron’s careless operations.
Labels:
Amazon,
Chevron,
contamination,
drilling,
Ecuador,
oil contamination,
toxins,
wastewater
Friday, February 25, 2011
Video: oil worker talking about Chevron's operation in Ecuador
Chevron dumped over 16 billion gallons of wastewater polluting rivers and streams in the Ecuadorian rainforest. It is horrible especially since Chevron knew how harmful the toxins were, but what makes it even worse is the fact that Chevron had a safer system designed but chose NOT to use it in order to save money.
Watch this unbelievable video of an oil worker talking about Chevron instructing the employees to drain the chemicals straight into the environment.
Watch this unbelievable video of an oil worker talking about Chevron instructing the employees to drain the chemicals straight into the environment.
Labels:
Amazon,
big oil,
Chevron,
contamination,
Ecuador,
environment,
oil pit,
Texaco
Wednesday, February 2, 2011
Chevron Tries To Silence The Critics Again
Chevron has filed a racketeering lawsuit against the named Ecuadorians who are suing Chevron for the contamination in the Amazon . This is not only another desperate attempt to run away from what could be a costly judgment for them in Ecuador, but also an example of Chevron’s bullying of anyone who dares to speak up against them. Just how low will Chevron go? It files criminal charges against the very people suffering from the company’s shoddy drilling practices that led to the destruction of their land and culture and, in thousands of cases, the death and illness of people living near Chevron’s former oil sites. This is unbelievable.
Chevron’s lawsuit was filed under the Racketeering Influenced and Corrupt Organizations act which was designed to prosecute the Mafia. I read about it in this San Francisco Chronicle article. It quotes Sean Hecht, executive director of the Environmental Law Center at UCLA. saying that Chevron’s suit looks more like a form of SLAPP, a strategic lawsuit that seeks to essentially silence people from protesting.
"I can't judge this as a SLAPP suit, but it looks like it has some of the hallmarks," Hecht said . "It's trying to convince someone to throw in the towel."
As the evidence against Chevron mounts up, Chevron is now trying to force the Ecuadorians to back away. I’m betting they are going nowhere. Also, remember that Chevron had five protestors arrested last year at its shareholder meeting and prevented 20 people, many from foreign countries, including Ecuador, from attending the meeting, even though they had legitimate proxies.
Chevron’s lawsuit was filed under the Racketeering Influenced and Corrupt Organizations act which was designed to prosecute the Mafia. I read about it in this San Francisco Chronicle article. It quotes Sean Hecht, executive director of the Environmental Law Center at UCLA. saying that Chevron’s suit looks more like a form of SLAPP, a strategic lawsuit that seeks to essentially silence people from protesting.
"I can't judge this as a SLAPP suit, but it looks like it has some of the hallmarks," Hecht said . "It's trying to convince someone to throw in the towel."
As the evidence against Chevron mounts up, Chevron is now trying to force the Ecuadorians to back away. I’m betting they are going nowhere. Also, remember that Chevron had five protestors arrested last year at its shareholder meeting and prevented 20 people, many from foreign countries, including Ecuador, from attending the meeting, even though they had legitimate proxies.
Labels:
Chevron,
contamination,
Ecuador,
lawsuit,
oil contamination,
oil spill,
SLAPP,
Texaco,
toxic
Monday, November 1, 2010
Three Chevron Lawyers Sanctioned For Obstructing Ecuador Environmental Trial
Facing $113 Billion in Potential Damages, Chevron Lawyers Seek Any Opportunity to Delay
Amazon Defense Coalition
29 October 2010 – FOR IMMEDIATE RELEASE
Contact: Karen Hinton at 703-798-3109 or Karen@hintoncommunications.com
Lago Agrio, Ecuador (October 29, 2010) -- A trial court has sanctioned and fined three Chevron lawyers for obstructing the trial where Chevron faces a multi-billion dollar judgment for the deliberate dumping of 18 billion gallons of toxic waste, according to court papers made available today.
Alberto Racines and Diego Larrea, both of whom have worked on Chevron’s legal team in Ecuador since the trial against Chevron began in 2003, were fined by Judge Nicolas Zambrano this week for repeatedly filing the same motions in an effort to delay the seven-year Ecuador trial.
The judge ruled that the lawyers had used Chevron’s motions “to obstruct the trial.” In 2009, a third Chevron lawyer – Patricio Campuzano – was sanctioned for the same reason.
On August 5 – one day after the court ordered both parties to submit their own damages assessments -- Chevron filed 19 motions to nullify the order or the trial itself in a 30-minute period. Racines and Larrea then cited the failure of the trial judge to quickly rule on each of the motions as a basis to recuse him.
“The evidence clearly shows Chevron used illegal practices that resulted in the massive destruction of the rainforest in Ecuador and the decimation of indigenous groups and other local residents,” said Pablo Fajardo, who represents dozens of indigenous and farmer communities suing the oil giant for dumping more than 18 billion gallons of toxic waste into the Amazon rainforest.
“To help Chevron evade its obligations, Chevron’s lawyers are trying to sabotage the Ecuadorian legal system in addition to violating their professional obligations,” he added. (MORE)
Amazon Defense Coalition
29 October 2010 – FOR IMMEDIATE RELEASE
Contact: Karen Hinton at 703-798-3109 or Karen@hintoncommunications.com
Lago Agrio, Ecuador (October 29, 2010) -- A trial court has sanctioned and fined three Chevron lawyers for obstructing the trial where Chevron faces a multi-billion dollar judgment for the deliberate dumping of 18 billion gallons of toxic waste, according to court papers made available today.
Alberto Racines and Diego Larrea, both of whom have worked on Chevron’s legal team in Ecuador since the trial against Chevron began in 2003, were fined by Judge Nicolas Zambrano this week for repeatedly filing the same motions in an effort to delay the seven-year Ecuador trial.
The judge ruled that the lawyers had used Chevron’s motions “to obstruct the trial.” In 2009, a third Chevron lawyer – Patricio Campuzano – was sanctioned for the same reason.
On August 5 – one day after the court ordered both parties to submit their own damages assessments -- Chevron filed 19 motions to nullify the order or the trial itself in a 30-minute period. Racines and Larrea then cited the failure of the trial judge to quickly rule on each of the motions as a basis to recuse him.
“The evidence clearly shows Chevron used illegal practices that resulted in the massive destruction of the rainforest in Ecuador and the decimation of indigenous groups and other local residents,” said Pablo Fajardo, who represents dozens of indigenous and farmer communities suing the oil giant for dumping more than 18 billion gallons of toxic waste into the Amazon rainforest.
“To help Chevron evade its obligations, Chevron’s lawyers are trying to sabotage the Ecuadorian legal system in addition to violating their professional obligations,” he added. (MORE)
Labels:
Amazon,
Chevron,
contamination,
Ecuador,
lawsuit,
oil spill,
pollution,
rainforest,
Texaco,
toxic
Tuesday, October 19, 2010
“We Agree”, Chevron Needs To Clean Up Its Mess
Chevron’s “We Agree” advertising campaign was designed by Chevron’s public relations team to try to convince us that Chevron is more than just an oil company. We are supposed to believe that Chevron cares about people and the environment. Chevron’s strategy was very simple: ignore disastrous environmental record and talk about all the good things Chevron could, but of course will never do.
Activists from The Yes Man launched their own website and sent out faux press release mocking Chevron’s ads. The website was made to look like it’s a part of Chevron’s campaign but instead of empty promises it is based on truth and the real image of Chevron people should see.
Some journalists got fooled by the faux press release and this morning everyone is talking about it. Great!
Activists from The Yes Man launched their own website and sent out faux press release mocking Chevron’s ads. The website was made to look like it’s a part of Chevron’s campaign but instead of empty promises it is based on truth and the real image of Chevron people should see.
Some journalists got fooled by the faux press release and this morning everyone is talking about it. Great!

Labels:
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campaign,
Chevron,
contamination,
Ecuador,
environment,
oil spill,
pollution,
Texaco,
We agree,
Yes Man
Tuesday, October 5, 2010
Chevron Misleads U.S. Courts with Inaccurate Translation
I just read that Chevron’s lawyers submitted inaccurate translation of Pablo Fajardo’s comments to U.S. Federal court as evidence. By inaccurate I mean changed to fit Chevron’s lies and completely different from what was actually said. Ohhh… the audacity! How can unethical behavior like this go unpunished? How far will Chevron be allowed to go before somebody says enough?!
See Amazon Defense Coalition’s press release below.
Chevron Misleads U.S. Courts with Inaccurate Translation in Multi-Billion Dollar Ecuador Contamination Lawsuit
Gibson Dunn’s Aggressive Legal Strategy Backfires In Federal Court
Amazon Defense Coalition
1 October September 2010 – FOR IMMEDIATE RELEASE
Contact: Karen Hinton at 703-798-3109 or Karen@hintoncommunications.com
New York, New York – Chevron has been submitting an inaccurate and misleading translation to U.S. federal courts as part of its effort to evade liability in the multi-billion dollar Ecuador environmental lawsuit, according to court papers filed recently.
Chevron’s lawyers at Gibson Dunn & Crutcher, who recently took over the Ecuador litigation for the company, submitted a highly misleading and inaccurate translation of lead Ecuadorian attorney Pablo Fajardo describing the role of court-appointed expert Richard Cabrera. Attacking Cabrera, who in 2008 submitted a damages assessment against Chevron of $27 billion, has been the centerpiece of the oil giant’s strategy to discredit the Ecuadorian judicial system to defeat enforcement of an expected adverse judgment.
Gibson Dunn brags on its website that its litigators in the Ecuador case have been described by American Lawyer magazine as the “Game Changers”; the firm notes that “clients in deep trouble turn to Gibson Dunn for fresh, aggressive thinking and innovative rescues.”
In a brief filed on Sept. 28 by representatives of the Amazonian communities in federal courts in New York and elsewhere, the plaintiffs blast Chevron for its erroneous translation of comments made by Fajardo. According to Chevron’s translation of a 2007 meeting, Fajardo told a group of scientists in Quito that Cabrera would simply “sign the report and review it.”
According to an accurate translation of the exchange, Fajardo actually said that what Cabrera “will do is give his criteria… right… his opinion, and sign the report, and review as well.”
Chevron also excluded from its court submission the contemporaneous translation of Fajardo during the meeting, which verifies that Chevron’s translation was manipulated.
"What Fajardo actually said in the meeting is radically different from what Chevron claimed he said via its bogus translation," said Karen Hinton, a spokeswoman for the communities. "Once again, Chevron is misrepresenting facts to courts around the country in support of its contrived 'fraud' narrative."
"When the facts don't fit the contrived narrative, Chevron's lawyers seem content to just make them up," she added.
Chevron has claimed to U.S. courts that ex parte contacts with experts in Ecuador is illegal, when in fact the practice was commonly used by both parties and sanctioned by the court, said Hinton. Lawyers on both sides of the dispute were invited by the court to provide materials to Cabrera and other experts; Cabrera and these other experts adopted some of the materials provided by the parties.
The plaintiffs also have submitted evidence that Chevron's lawyers, on a regular basis, met ex parte with judges overseeing the trial.
This is not the first time that Chevron has manipulated the meaning of translations for legal or public relations purposes.
In 2009, Chevron accused the Ecuadorian judge then presiding over the case of saying an appeal by Chevron of an adverse decision would only be a "formality" when what he actually said was the parties would have to observe the "formalities" of the appeals process. Chevron then used the misleading translation to claim to the media that the judge had "fixed" the trial.
So far this year Chevron has sought to depose 23 persons in the U.S. associated with the Ecuador case, including two lawyers who have represented the plaintiffs.
Chevron’s strategy of using U.S. discovery rules to harass the Amazonian communities in Ecuador – termed “abusive litigation” by the plaintiffs -- has not gone unnoticed. One U.S. federal magistrate judge recently ruled that Chevron’s discovery strategy is “spiraling out of control” and is an attempt to circumvent the rules of Ecuador’s courts, where Chevron had the trial moved after it was originally filed in U.S. federal court in 1993.
See Amazon Defense Coalition’s press release below.
Chevron Misleads U.S. Courts with Inaccurate Translation in Multi-Billion Dollar Ecuador Contamination Lawsuit
Gibson Dunn’s Aggressive Legal Strategy Backfires In Federal Court
Amazon Defense Coalition
1 October September 2010 – FOR IMMEDIATE RELEASE
Contact: Karen Hinton at 703-798-3109 or Karen@hintoncommunications.com
New York, New York – Chevron has been submitting an inaccurate and misleading translation to U.S. federal courts as part of its effort to evade liability in the multi-billion dollar Ecuador environmental lawsuit, according to court papers filed recently.
Chevron’s lawyers at Gibson Dunn & Crutcher, who recently took over the Ecuador litigation for the company, submitted a highly misleading and inaccurate translation of lead Ecuadorian attorney Pablo Fajardo describing the role of court-appointed expert Richard Cabrera. Attacking Cabrera, who in 2008 submitted a damages assessment against Chevron of $27 billion, has been the centerpiece of the oil giant’s strategy to discredit the Ecuadorian judicial system to defeat enforcement of an expected adverse judgment.
Gibson Dunn brags on its website that its litigators in the Ecuador case have been described by American Lawyer magazine as the “Game Changers”; the firm notes that “clients in deep trouble turn to Gibson Dunn for fresh, aggressive thinking and innovative rescues.”
In a brief filed on Sept. 28 by representatives of the Amazonian communities in federal courts in New York and elsewhere, the plaintiffs blast Chevron for its erroneous translation of comments made by Fajardo. According to Chevron’s translation of a 2007 meeting, Fajardo told a group of scientists in Quito that Cabrera would simply “sign the report and review it.”
According to an accurate translation of the exchange, Fajardo actually said that what Cabrera “will do is give his criteria… right… his opinion, and sign the report, and review as well.”
Chevron also excluded from its court submission the contemporaneous translation of Fajardo during the meeting, which verifies that Chevron’s translation was manipulated.
"What Fajardo actually said in the meeting is radically different from what Chevron claimed he said via its bogus translation," said Karen Hinton, a spokeswoman for the communities. "Once again, Chevron is misrepresenting facts to courts around the country in support of its contrived 'fraud' narrative."
"When the facts don't fit the contrived narrative, Chevron's lawyers seem content to just make them up," she added.
Chevron has claimed to U.S. courts that ex parte contacts with experts in Ecuador is illegal, when in fact the practice was commonly used by both parties and sanctioned by the court, said Hinton. Lawyers on both sides of the dispute were invited by the court to provide materials to Cabrera and other experts; Cabrera and these other experts adopted some of the materials provided by the parties.
The plaintiffs also have submitted evidence that Chevron's lawyers, on a regular basis, met ex parte with judges overseeing the trial.
This is not the first time that Chevron has manipulated the meaning of translations for legal or public relations purposes.
In 2009, Chevron accused the Ecuadorian judge then presiding over the case of saying an appeal by Chevron of an adverse decision would only be a "formality" when what he actually said was the parties would have to observe the "formalities" of the appeals process. Chevron then used the misleading translation to claim to the media that the judge had "fixed" the trial.
So far this year Chevron has sought to depose 23 persons in the U.S. associated with the Ecuador case, including two lawyers who have represented the plaintiffs.
Chevron’s strategy of using U.S. discovery rules to harass the Amazonian communities in Ecuador – termed “abusive litigation” by the plaintiffs -- has not gone unnoticed. One U.S. federal magistrate judge recently ruled that Chevron’s discovery strategy is “spiraling out of control” and is an attempt to circumvent the rules of Ecuador’s courts, where Chevron had the trial moved after it was originally filed in U.S. federal court in 1993.
Thursday, September 30, 2010
Don't Let Anyone Mention Ecuador!

Read more on Chevron Pit.
Labels:
Amazon,
Amazon Watch,
Antonia Juhasz,
big oil,
Chevron,
contamination,
Ecuador,
John Watson,
pollution,
Texaco
Monday, September 20, 2010
The Numbers Are In
If there is anyone out there not realizing how extensive the devastation in the Ecuadorian rain forest is, they need to read Chevron Pit’s latest post. New damage assessments have been submitted to the Ecuador trial court and the numbers are mind blowing!
Below are some of the horrific findings. For more detailed look, visit The Chevron Pit
• Soil Remediation: A conservative estimate of potential costs to remediate contaminated soils at all of Chevron’s 378 former oil production facilities in Ecuador ranges from $487 million to $949 million depending on the clean-up standard used. The actual cost could be significantly higher.
• Groundwater Remediation: Based on data in the trial record, the range for clean-up of groundwater is $396 million to $911 million.
• Rivers and wetlands: Data indicates that sediment contamination exists, but no clean-up number was presented pending further investigation.
• Health Care: Using recent data from the World Health Organization and the Ecuadorian Ministry of Health, an estimated $1.4 billion will be needed to provide health care to the thousands of affected persons over the next three decades.
• Drinking Water: Degradation of the environment with petroleum hydrocarbons associated with Chevron’s production activities has been documented at numerous locations. The cost of a comprehensive series of regional water systems is estimated to be between approximately $326 million to $541 million.
• Excess Cancer Deaths: Actuarial life-table methodology demonstrates that the aggregate cost of excess cancer deaths due to exposure to oil contamination in the area where Chevron operated could be approximately $69.7 billion. This is the based on the value of a statistical life used by averaging relevant data used in the U.S. court system and by the U.S. Environmental Protection Agency ($7 million for each lost life), and comparing it with official Ecuador mortality data and census information. Up to 9,950 people in the affected area will face a significant risk of dying from cancer in the coming decades even if the area is remediated in the next ten years. Even if the analysis stops in 1990 – the year when Chevron ceased being the operator of the oil fields – the aggregate cost of excess cancer deaths is still estimated at $12.1 billion based on 1,732 deaths from cancer. (The earlier Cabrera report estimated 1,401 deaths from cancer, but he did not project future deaths.)
• Natural Resources Losses: This estimate is based on the evidence that concentrations of petroleum hydrocarbons and harmful metals in soil, groundwater, and surface water have exceeded levels considered to be toxic to terrestrial and aquatic biota. While determining the exact values of service losses in the rainforest with precision is not possible, it is not clear that further studies would produce a range of plausible values different from the range posited earlier by Mr. Cabrera – approximately $874 million to $1.7 billion, depending on the methodology employed.
• Unjust Enrichment: Chevron’s unjust enrichment ranges from $4.57 billion to $9.46 billionassuming a 100% probability of detection and ultimate payment, and from $18.26 billion to $37.86 billion assuming a 25% probability of detection and ultimate payment. Given the evidence of Chevron’s malfeasance in Ecuador, the plaintiffs assume the company had at best a 25% probability of detection and ultimate payment, and therefore the unjust enrichment award should at minimum range from $18.26 billion to $37.86 billion. This is a conservative figure, as in reality it is highly unlikely that Chevron believed it had more than a 10% probability of detection and ultimate payment.
• Cultural Impacts on Indigenous Groups: Representatives of the Amazonian communities, noting the acute interdependence between indigenous groups and the rainforest ecosystem, analyzed the impact of hydrocarbon contamination on indigenous culture. The team reviewed economic valuations to repair the loss of cultural and ancestral practices, including a program to purchase unspoiled land, and to construct pools of native fishes and centers to restore flora and fauna. The cost for this restoration is estimated at $481.5 million.
Below are some of the horrific findings. For more detailed look, visit The Chevron Pit
with a skin rash caused by bathing in
oil-polluted water in Rumipamba in 1993.
• Soil Remediation: A conservative estimate of potential costs to remediate contaminated soils at all of Chevron’s 378 former oil production facilities in Ecuador ranges from $487 million to $949 million depending on the clean-up standard used. The actual cost could be significantly higher.
• Groundwater Remediation: Based on data in the trial record, the range for clean-up of groundwater is $396 million to $911 million.
• Rivers and wetlands: Data indicates that sediment contamination exists, but no clean-up number was presented pending further investigation.
• Health Care: Using recent data from the World Health Organization and the Ecuadorian Ministry of Health, an estimated $1.4 billion will be needed to provide health care to the thousands of affected persons over the next three decades.
• Drinking Water: Degradation of the environment with petroleum hydrocarbons associated with Chevron’s production activities has been documented at numerous locations. The cost of a comprehensive series of regional water systems is estimated to be between approximately $326 million to $541 million.
• Excess Cancer Deaths: Actuarial life-table methodology demonstrates that the aggregate cost of excess cancer deaths due to exposure to oil contamination in the area where Chevron operated could be approximately $69.7 billion. This is the based on the value of a statistical life used by averaging relevant data used in the U.S. court system and by the U.S. Environmental Protection Agency ($7 million for each lost life), and comparing it with official Ecuador mortality data and census information. Up to 9,950 people in the affected area will face a significant risk of dying from cancer in the coming decades even if the area is remediated in the next ten years. Even if the analysis stops in 1990 – the year when Chevron ceased being the operator of the oil fields – the aggregate cost of excess cancer deaths is still estimated at $12.1 billion based on 1,732 deaths from cancer. (The earlier Cabrera report estimated 1,401 deaths from cancer, but he did not project future deaths.)
• Natural Resources Losses: This estimate is based on the evidence that concentrations of petroleum hydrocarbons and harmful metals in soil, groundwater, and surface water have exceeded levels considered to be toxic to terrestrial and aquatic biota. While determining the exact values of service losses in the rainforest with precision is not possible, it is not clear that further studies would produce a range of plausible values different from the range posited earlier by Mr. Cabrera – approximately $874 million to $1.7 billion, depending on the methodology employed.
• Unjust Enrichment: Chevron’s unjust enrichment ranges from $4.57 billion to $9.46 billionassuming a 100% probability of detection and ultimate payment, and from $18.26 billion to $37.86 billion assuming a 25% probability of detection and ultimate payment. Given the evidence of Chevron’s malfeasance in Ecuador, the plaintiffs assume the company had at best a 25% probability of detection and ultimate payment, and therefore the unjust enrichment award should at minimum range from $18.26 billion to $37.86 billion. This is a conservative figure, as in reality it is highly unlikely that Chevron believed it had more than a 10% probability of detection and ultimate payment.
• Cultural Impacts on Indigenous Groups: Representatives of the Amazonian communities, noting the acute interdependence between indigenous groups and the rainforest ecosystem, analyzed the impact of hydrocarbon contamination on indigenous culture. The team reviewed economic valuations to repair the loss of cultural and ancestral practices, including a program to purchase unspoiled land, and to construct pools of native fishes and centers to restore flora and fauna. The cost for this restoration is estimated at $481.5 million.
Labels:
cancer,
Chevron,
contamination,
Ecuador,
environment,
oil,
pollution,
Richard Cabrera,
Texaco,
toxic
Thursday, September 16, 2010
Diego Borja! Time To Speak!
Diego Borja was supposed to help Chevron. He was the person responsible for the recordings of the Ecuadorian judge and now we have recordings of him bragging about knowing all of Chevron’s dirty secrets and how Chevron is paying for his nice house and a very comfortable life. Well, time has come for him to tell the court all the details. How ironic that Chevron’s own “secret agent”, will have to reveal Chevron’s dark side.
Chevron has been trying very hard to hide the truth but it seems the harder Chevron’s people try, the more trouble they get into. Truth will always come out. Right now, Chevron even refuses to submit its damage assessment reports. If I was working for Chevron, I’d want to hide it too. The damage in Ecuador is so immense, it’s sickening!
Chevron has been trying very hard to hide the truth but it seems the harder Chevron’s people try, the more trouble they get into. Truth will always come out. Right now, Chevron even refuses to submit its damage assessment reports. If I was working for Chevron, I’d want to hide it too. The damage in Ecuador is so immense, it’s sickening!
Labels:
Amazon,
Chevron,
contamination,
Crude,
Diego Borja,
Ecuador,
environment,
oil,
oil spill,
pollution,
Richard Cabrera,
Texaco
Wednesday, September 15, 2010
The Power of Manipulation
Even though evidence is mounting against Chevron and it has been scientifically proven that Chevron is guilty of the contamination in Ecuador, Chevron still manages to trick some people into believing Chevron's false arguments. This time it's a reporter Roger Parloff. His story ran on Fortune.
But, I recently ran across an excellent response to his story. The post on Chevron In Ecuador.com says it all.
But, I recently ran across an excellent response to his story. The post on Chevron In Ecuador.com says it all.
Labels:
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Ecuador,
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Roger Parloff,
Texaco,
toxic
Tuesday, September 14, 2010
WITH DISCOVERY BID, ECUADOR TURNS TABLES ON CHEVRON
September 14, 2010 By Rebecca Beyer
Daily Journal Staff Writer
SAN FRANCISCO - The Republic of Ecuador, which has seen its judicial system come under attack by Chevron Corp. in the last year, has taken a strategy from the oil giant's legal playbook in an effort to defend itself in an arbitration in The Hague.
Home to a massive environmental lawsuit against the San Ramon-based company, the South American country has stood by for nearly a year while Chevron - armed with a law dating back to the 1800s - has filed multiple discovery requests in federal courts across the United States aimed at proving the Ecuadorean judicial system is corrupt. In Ecuador, Chevron is fighting plaintiffs' claims that the company should be held responsible for cleaning up the devastation from nearly 30 years of drilling by Texaco in the Amazon rainforest (Chevron acquired Texaco in 2001).
On Friday, Ecuador filed its own discovery request in San Francisco federal court under the same law Chevron has been using - 28 U.S.C. 1782, a statute designed to help parties obtain U.S.-based evidence for use in foreign proceedings. Ecuador is seeking to depose Diego Borja, one of two men who secretly videotaped a conversation with the original Ecuadorean judge in the case. In re Application of the Republic of Ecuador, 10-80225. Chevron claims the tapes showed the judge - who denied wrongdoing but recused himself - had already made up his mind to rule in the plaintiffs' favor as part of a bribery scheme. But Ecuador cites a report made by an investigator hired by the plaintiffs that suggests Borja is improperly linked to Chevron.
A spokesman for Chevron said the Borja videos were authenticated by forensic experts and that it was too soon to say whether the company would oppose Ecuador's deposition request. Ecuador's filing is just the latest chapter in litigation that dates back 17 years, spans three continents and includes allegations of corruption and collusion on both sides. The country's 1782 petition also comes after Chevron has had great success using the law to obtain discovery from people involved in the Ecuadorean case on the plaintiffs' side.
"Turn-around is certainly fair play," said Georgene M. Vairo, a professor at Loyola Law School. "It's appropriate for Ecuador to try to protect itself by looking into the alleged wrongdoing of Chevron. 1782 is there to do that."
Although Ecuador is not a party in the litigation within its borders, it is a defendant in an international arbitration Chevron initiated in The Hague last year under the Bilateral Investment Treaty between Ecuador and the United States. There, Chevron is seeking, among other things, a declaration that it has no liability for the damage in the Amazon because of a settlement Texaco signed with Ecuador in 1995 in which the oil company agreed to do some environmental clean-up and Ecuador agreed to release any claims against the company.
In the arbitration, Chevron alleges that it is being denied due process in Ecuador because of a corrupt judicial system. For its part, Ecuador wants to depose Borja about his employment history, his relationship to Chevron, his wife's relationship to Chevron and his meetings with the judge and others. The discovery request is "directly relevant to the Republic's defense in the Treaty Arbitration," Ecuador's attorneys from Winston & Strawn wrote in Friday's filing, and "will help determine the authenticity, importance and relevance of Chevron's videotape evidence, and to discover the underlying motives for Borja to produce such clandestine videotapes."
Ecuador is represented by Washington, D.C. partner Eric W. Bloom and New York partner C. MacNeil Mitchell, who did not respond to a request for comment. Richard A. Lapping, of the firm's San Francisco office, declined to comment. Cristina C. Arguedas, an attorney for Borja from Arguedas, Cassman & Headley in Berkeley, declined to comment.
"I think it is legitimate for [Ecuador] to investigate instances of judicial corruption," said Andrea E. Neuman, a Gibson, Dunn & Crutcher partner in Irvine and one of Chevron's lead attorneys. "It strikes me that the target of the investigation here would normally be the judge who was seen on these authenticated tapes soliciting a multimillion-dollar bribe."
Edward A. Klein, a partner at Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor in Los Angeles who has handled 1782 cases said Chevron would be "pretty hard-pressed to resist Ecuador's efforts to get discovery in the United States given Chevron's liberal use of the 1782 process."
Chevron has used the 1782 statute to get a wide range of discovery - mostly aimed at proving their claim that consultants on the plaintiffs' side were behind the $27 billion damages estimate found in a court-appointed expert's report - for use in the proceedings in Ecuador and The Hague. Its highest-profile use of the law came when a New York federal judge - and later the 2nd U.S. Circuit Court of Appeals - agreed with the company that a documentary filmmaker should turn over hundreds of hours of raw footage from "Crude," a film about the litigation (last week the same judge granted Chevron's request to depose the filmmaker). Earlier this month, a magistrate judge in New Mexico granted a discovery request for Chevron and cited the footage as one reason for doing so.
Karen Hinton, a spokeswoman for the plaintiffs in the Ecuadorean lawsuit, said Chevron's discovery efforts "are nothing but theatrics to draw attention away from what the company cannot deny, the overwhelming evidence that Texaco intentionally contaminated the rainforest and Chevron is now responsible for it."
In court papers, the plaintiffs have called Chevron's assertions that they have improperly colluded with the expert "hypocrisy," claiming Chevron's consultants' work appeared in the report of another court-appointed expert. No hearing date has been set on Ecuador's request to depose Borja.
rebecca_beyer@dailyjournal.com
Daily Journal Staff Writer
SAN FRANCISCO - The Republic of Ecuador, which has seen its judicial system come under attack by Chevron Corp. in the last year, has taken a strategy from the oil giant's legal playbook in an effort to defend itself in an arbitration in The Hague.
Home to a massive environmental lawsuit against the San Ramon-based company, the South American country has stood by for nearly a year while Chevron - armed with a law dating back to the 1800s - has filed multiple discovery requests in federal courts across the United States aimed at proving the Ecuadorean judicial system is corrupt. In Ecuador, Chevron is fighting plaintiffs' claims that the company should be held responsible for cleaning up the devastation from nearly 30 years of drilling by Texaco in the Amazon rainforest (Chevron acquired Texaco in 2001).
On Friday, Ecuador filed its own discovery request in San Francisco federal court under the same law Chevron has been using - 28 U.S.C. 1782, a statute designed to help parties obtain U.S.-based evidence for use in foreign proceedings. Ecuador is seeking to depose Diego Borja, one of two men who secretly videotaped a conversation with the original Ecuadorean judge in the case. In re Application of the Republic of Ecuador, 10-80225. Chevron claims the tapes showed the judge - who denied wrongdoing but recused himself - had already made up his mind to rule in the plaintiffs' favor as part of a bribery scheme. But Ecuador cites a report made by an investigator hired by the plaintiffs that suggests Borja is improperly linked to Chevron.
A spokesman for Chevron said the Borja videos were authenticated by forensic experts and that it was too soon to say whether the company would oppose Ecuador's deposition request. Ecuador's filing is just the latest chapter in litigation that dates back 17 years, spans three continents and includes allegations of corruption and collusion on both sides. The country's 1782 petition also comes after Chevron has had great success using the law to obtain discovery from people involved in the Ecuadorean case on the plaintiffs' side.
"Turn-around is certainly fair play," said Georgene M. Vairo, a professor at Loyola Law School. "It's appropriate for Ecuador to try to protect itself by looking into the alleged wrongdoing of Chevron. 1782 is there to do that."
Although Ecuador is not a party in the litigation within its borders, it is a defendant in an international arbitration Chevron initiated in The Hague last year under the Bilateral Investment Treaty between Ecuador and the United States. There, Chevron is seeking, among other things, a declaration that it has no liability for the damage in the Amazon because of a settlement Texaco signed with Ecuador in 1995 in which the oil company agreed to do some environmental clean-up and Ecuador agreed to release any claims against the company.
In the arbitration, Chevron alleges that it is being denied due process in Ecuador because of a corrupt judicial system. For its part, Ecuador wants to depose Borja about his employment history, his relationship to Chevron, his wife's relationship to Chevron and his meetings with the judge and others. The discovery request is "directly relevant to the Republic's defense in the Treaty Arbitration," Ecuador's attorneys from Winston & Strawn wrote in Friday's filing, and "will help determine the authenticity, importance and relevance of Chevron's videotape evidence, and to discover the underlying motives for Borja to produce such clandestine videotapes."
Ecuador is represented by Washington, D.C. partner Eric W. Bloom and New York partner C. MacNeil Mitchell, who did not respond to a request for comment. Richard A. Lapping, of the firm's San Francisco office, declined to comment. Cristina C. Arguedas, an attorney for Borja from Arguedas, Cassman & Headley in Berkeley, declined to comment.
"I think it is legitimate for [Ecuador] to investigate instances of judicial corruption," said Andrea E. Neuman, a Gibson, Dunn & Crutcher partner in Irvine and one of Chevron's lead attorneys. "It strikes me that the target of the investigation here would normally be the judge who was seen on these authenticated tapes soliciting a multimillion-dollar bribe."
Edward A. Klein, a partner at Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor in Los Angeles who has handled 1782 cases said Chevron would be "pretty hard-pressed to resist Ecuador's efforts to get discovery in the United States given Chevron's liberal use of the 1782 process."
Chevron has used the 1782 statute to get a wide range of discovery - mostly aimed at proving their claim that consultants on the plaintiffs' side were behind the $27 billion damages estimate found in a court-appointed expert's report - for use in the proceedings in Ecuador and The Hague. Its highest-profile use of the law came when a New York federal judge - and later the 2nd U.S. Circuit Court of Appeals - agreed with the company that a documentary filmmaker should turn over hundreds of hours of raw footage from "Crude," a film about the litigation (last week the same judge granted Chevron's request to depose the filmmaker). Earlier this month, a magistrate judge in New Mexico granted a discovery request for Chevron and cited the footage as one reason for doing so.
Karen Hinton, a spokeswoman for the plaintiffs in the Ecuadorean lawsuit, said Chevron's discovery efforts "are nothing but theatrics to draw attention away from what the company cannot deny, the overwhelming evidence that Texaco intentionally contaminated the rainforest and Chevron is now responsible for it."
In court papers, the plaintiffs have called Chevron's assertions that they have improperly colluded with the expert "hypocrisy," claiming Chevron's consultants' work appeared in the report of another court-appointed expert. No hearing date has been set on Ecuador's request to depose Borja.
rebecca_beyer@dailyjournal.com
Labels:
Chevron,
contamination,
Ecuador,
environment,
oil,
pollution,
Texaco
The List Gets Longer and Longer
The long list of issues that show Chevron's shameless and very often
illegal attempts to hide its crimes in Ecuador and escape the
responsibility keeps on growing. Looks like the real picture of
Chevron is slowly coming out for all of us to see. The Chevron
Pit has posted a short summary of Chevron's
manipulative actions that have backfired and gave us a little preview
of the lengths Chevron will go to hide the truth. Here are some of
them:
· Diego Borja, a Chevron contractor in Ecuador, ran a “dirty tricks”
operation for the oil giant in Ecuador that attempted to ensnare the
trial judge in a corruption scandal, according to taped phone
conversations.
· Borja claimed that Chevron had “cooked” court evidence and that he
would turn against Chevron if company officials did not pay him what
they promised for videotapes he made of the judge in the lawsuit.
Widely covered by the news media, the videotapes were later
discredited.
· Chevron hired Kroll, the publicly traded investigations firm, to try
to pay an American journalist to become an undercover spy for the
company in Ecuador, according to a recent article in The Atlantic.
· Chevron’s lawyers had ex parte meetings with judges and have not
denied having ex-parte meetings with court-appointed experts on the
case – the exact same basis for Chevron’s false claims of “fraud”
against lawyers for the plaintiffs.
· The plaintiffs also produced evidence that a court-appointed expert
adopted many materials wholesale that were prepared by Chevron’s own
expert without citation – the exact same charge that Chevron has
leveled against the plaintiffs.
· Two Chevron officials are under criminal indictment in Ecuador for,
according to the charges, conspiring to defraud the government by
lying about the results of a sham remediation in the mid-1990s.
Chevron’s own tests submitted into evidence show illegal levels of
contamination at the so-called “remediated” sites.
· Due to a series of death threats from unknown sources, lawyers for
the plaintiffs and their families are now protected with armed
bodyguards.
illegal attempts to hide its crimes in Ecuador and escape the
responsibility keeps on growing. Looks like the real picture of
Chevron is slowly coming out for all of us to see. The Chevron
Pit has posted a short summary of Chevron's
manipulative actions that have backfired and gave us a little preview
of the lengths Chevron will go to hide the truth. Here are some of
them:
· Diego Borja, a Chevron contractor in Ecuador, ran a “dirty tricks”
operation for the oil giant in Ecuador that attempted to ensnare the
trial judge in a corruption scandal, according to taped phone
conversations.
· Borja claimed that Chevron had “cooked” court evidence and that he
would turn against Chevron if company officials did not pay him what
they promised for videotapes he made of the judge in the lawsuit.
Widely covered by the news media, the videotapes were later
discredited.
· Chevron hired Kroll, the publicly traded investigations firm, to try
to pay an American journalist to become an undercover spy for the
company in Ecuador, according to a recent article in The Atlantic.
· Chevron’s lawyers had ex parte meetings with judges and have not
denied having ex-parte meetings with court-appointed experts on the
case – the exact same basis for Chevron’s false claims of “fraud”
against lawyers for the plaintiffs.
· The plaintiffs also produced evidence that a court-appointed expert
adopted many materials wholesale that were prepared by Chevron’s own
expert without citation – the exact same charge that Chevron has
leveled against the plaintiffs.
· Two Chevron officials are under criminal indictment in Ecuador for,
according to the charges, conspiring to defraud the government by
lying about the results of a sham remediation in the mid-1990s.
Chevron’s own tests submitted into evidence show illegal levels of
contamination at the so-called “remediated” sites.
· Due to a series of death threats from unknown sources, lawyers for
the plaintiffs and their families are now protected with armed
bodyguards.
Thursday, September 9, 2010
Chevron, Did Cat Get Your Tongue?
Chevron has been very quiet recently and has not commented on the latest findings about Chevron’s manipulations, mistakes and blatant lying about the contamination in Ecuador. The audits I mentioned in my last blog that show Chevron is guilty of the pollution, unbelievable story of trying to hire a journalist spy to write false stories for Chevron and spying on the people whose lives were destroyed by Chevron. Staying quiet will not make it go away. We will not stop talking about it!
Here's what Chevron Pit has to say: Chevron Desperate Over Ecuador Disaster
Here's what Chevron Pit has to say: Chevron Desperate Over Ecuador Disaster
Labels:
Chevron,
contamination,
Ecuador,
environment,
oil,
pollution,
Texaco,
toxins
Wednesday, September 1, 2010
Proof of Guilt
Two audits have been submitted to a U.S. Federal Court that show that Chevron is guilty of knowingly contaminating Ecuadorian rain forest and then lying about it. Those audits were conducted at Texaco’s request. (Chevron bought Texaco in 2001.) Looks like Chevron is getting lost in its own web of lies!
Read more here: Court Filing: Chevron’s Own Audits Prove Company Lied About Massive Pollution in Ecuador
Read more here: Court Filing: Chevron’s Own Audits Prove Company Lied About Massive Pollution in Ecuador
Labels:
big oil,
Chevron,
contamination,
Ecuador,
environment,
oil,
oil spill,
pollution,
Texaco,
toxic
Friday, August 13, 2010
Real Life Secret Agent Spy Story
One day there will be a movie made about the lengths Chevron has been going to in a desperate effort to avoid responsibility for the disaster in Ecuador. Hiring journalists to spy for Chevron and then write false stories is just one of Chevron’s many unethical and quite often illegal attempts to manipulate the facts. I’ve said that many times, Chevron clearly thinks it’s above law and goes ahead with any crazy idea, no matter the consequences, to get out of its own oily mess. What surprises me is that there are people who can be bought and will willingly get involved in Chevron’s dirty defense tactics. Sam Anson of Kroll is the latest accomplice. To find out more about this man, read Chevron Pit’s latest post
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