Showing posts with label environment. Show all posts
Showing posts with label environment. Show all posts

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.

Thursday, May 19, 2011

Chevron's Shareholders Getting Worried

A few days before Chevron's annual shareholder meeting, a new report has been released on Chevron's liability risks. The authors, Simon Billenness and Sanford Lewis- corporate governance experts, point out that the 18 billion dollar liability for the contamination of the Ecuadorian rainforest exposed company's lack of proper risk management and put Chevron at risk of irreparable harm to its value and reputation.Chevron's board of directors has been avoiding shareholders' questions about the financial risks related to the pollution lawsuit in Ecuador and has given misleading statements to the investors. This is very typical of Chevron- refusing to answer to anyone's questions and going by its own rules.

Read more about the report here.

Friday, April 15, 2011

John Watson made $14 million in 2010!

I blogged about the raise Chevron’s CEO John Watson recently received that increased his salary to $1.6 million, but I was not aware of the perks that come from being the CEO of one of the least reputable U.S. Corporations. I didn’t mention performance-based bonuses, stock options, contributions to an employee savings plan and small things like the use of company airplane.

According to an Associated Press analysis John Watson made $14 million in 2010 alone!

Isn’t life great when you are Chevron’s top executive? It’s a shame though that while chasing those millions Chevron trampled over so many innocent people’s lives and now does not have the decency to clean up its mess in Ecuador. Shameful.

Wednesday, April 6, 2011

Chevron giving away millions to its executives…

Instead of spending at least a small portion of the huge profits on the cleanup of the toxic mess in Ecuador and bringing relief to those suffering from Chevron’s contamination, Chevron’s board of directors decided to give that money to its top officials.  Chevron’s CEO John Watson has just received a raise and is now making $1.6 million a year!!!

Apparently to make millions you need to be unscrupulous, manipulative and make sure your company ranks high among the least reputable American corporations. Never mind billions of gallons of toxins deliberately dumped in the Ecuadorian Amazon; never mind thousands of people suffering from the contamination; never mind all the lies and manipulation!

Monday, March 14, 2011

Chevron’s Heartless Team

I started this blog because I was outraged by Chevron’s lack of concern for the environment and the communities suffering because of Chevron’s refusal to clean up its own toxic mess. With each shocking development in the lawsuit, I wonder who stands behind Chevron’s abusive defense campaign. Who would willingly choose to stand in the way of Ecuadorians fighting for justice? Apparently, with the right amount of money, a team of heartless experts is not hard to find. To meet all of the Chevron’s Human Rights Hitmen visit Chevron Pit and RAN’s websites.

Tuesday, March 8, 2011

U.S. Judge Siding With Chevron.

U.S. District Judge Lewis Kaplan who blocked the enforcement of the $9.5 billion judgment is not objective and clearly sides with Chevron. The judge even encouraged Chevron to file the RICO charges against the plaintiffs and their legal team. It is unbelievable that anyone would voluntarily choose to stand in the way of the Ecuadorians fighting for justice especially since scientific evidence has proven Chevron is guilty of dumping over 18 billion gallons of toxic wastewater into Amazon and destroying their lives.

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:
  • 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.
Read more here.

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.

Tuesday, February 15, 2011

Chevron Found Guilty of Contaminating Ecuadorian Rain Forest

On Monday an Ecuadorian judge ordered Chevron to pay $8.9 billion to clean up 16 billion gallons of toxic waste that Chevron dumped into the rain forest in Ecuador.

For many years Chevron has been pointing fingers at others and trying to manipulate its way out of the responsibility for the toxic mess but it all came to nothing when faced with overwhelming evidence that plaintiffs submitted to the court showing Chevron not only contaminated the rain forest but it did it knowingly.

Chevron built a substandard system and continued to use it knowing it’s leaking toxins into the ground. In a 1980 letter a Texaco official said that building a safer system would be too expensive and recommended using the faulty one. Chevron took that advice and continued putting toxic byproduct of oil drilling into 900 unlined and unprotected pits for many years.

The judgment is great news for the Ecuadorians suffering from the contamination and anyone who cares about the environment. It is time for a proper clean up of those toxic oil pits, not just throwing dirt on top of them like Chevron did.

Thursday, January 27, 2011

Chevron Tells More Lies!

Chevron must have a bottomless box full of dirty tricks. The oil giant has been using all kinds of schemes for 18 years to get out of the responsibility for the toxic mess left behind in Ecuador. When you think you have seen it all, Chevron comes up with another deplorable lie. This time Chevron is alleging that some of the plaintiffs’ signatures were forged on the lawsuit!

I understand that Chevron’s executives are in panic mode because they could face a multi-billion damage award, but have they not learned anything yet? Most of those schemes not only failed, but also backfired and hurt Chevron’s reputation in the end.

Earlier this week, more than two dozens of the plaintiffs whose signatures Chevron claims were forged gathered at one of the oil waste pits to verify their signatures. Chevron’s spokesperson James Craig called it a “media circus”. From my perspective, though, the only clown is Chevron.

Wednesday, January 26, 2011

UPDATE

I haven’t posted anything in a while. I have been traveling and wasn’t able to update the blog regularly. There have been a few developments but two things have not changed: Ecuadorians are still getting sick and dying because of Chevron’s contamination and Chevron refuses to do anything about it.

Here are a few headlines I missed:


Chevron Accused Of 'World's Worst Oil-Related Disaster' In Ecuador: Alleged Evidence Submitted In Lawsuit


Diego Borja, his wife Sarah Portilla, and collaborator Wayne Hansen have left California after being called to testify about falsifying evidence in Ecuador environmental trial


Comedy Video Rips Chevron's New "Greenwashing" PR Campaign

Saturday, November 20, 2010

Chevron’s Andrea Neuman Sanctioned For Abusive Questioning



Chevron lawyers’ unprofessional practices are not going unnoticed anymore. Andrea Neuman , one of the lead lawyers in the Ecuador lawsuit is the fourth Chevron lawyer to be sanctioned by either an Ecuadorian or a U.S. court. Neuman is accused of trying to intimidate an American technical expert during a recent deposition. Chevron has been playing by its own rules for a long time blatantly ignoring the rule of law.

Visit Chevron Pit for more details.

Andrea Neuman


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!

Friday, October 15, 2010

The True Cost of Chevron

The oil waste Chevron left behind in the Ecuadorian rain forest is making people sick. According to American expert Dr. Daniel Rourke 10,000 people are at risk of getting cancer. The longer Chevron refuses to clean up, the bigger this environmental crisis gets.

Read more about Dr. Rourke’s findings here


Her leg amputated because of a cancerous tumor, Modesta Briones sits in her house near Parahuaco oil well #2 in the Ecuadoran Amazon.

Thursday, October 7, 2010

Terrifying Truth

Last month Chevron’s lawyer Andrea Neuman deposed an environmental expert William Power. The lawyer for the Amazonian communities suing Chevron took the opportunity and cross-examined Mr. Powers. His testimony revealed some horrifying truths about Chevron’s contamination in the Ecuadorian rain forest. Below you can read a few quotes, visit Chevron in Ecuador for more details and to read how Mr. Power’s testimony sent Chevron’s lawyers into total panic.

Q: Now, when Chevron-Texaco designed its pits in the Ecuadorian Amazon, what design did it use? 


Powers: Dug a hole in the dirt and deposited the drilling muds in the unlined hole.

Q: And if Chevron-Texaco was designing those pits in the United States, would it have been able to dig a pit in the – and put in the drilling muds as you described?

Powers: No.

Q: What's the consequence of Chevron's design of its pits in the Lago Agrio concession?

Powers: Two consequences: the leeching of the chemicals into the ground, and ultimately into the ground water; and the overflow of the pits due to lack of maintenance and rain water and overflowing directly into the drainage channels surrounding that pit.

Q: And what's the basis for your conclusions concerning the Chevron-Texaco's pits?

Powers: Having viewed the pits and reviewed the nature of how those pits were designed, utilized, and the fact that – it is uncontested that the pits were left with drilling mud in them.

Q: And when Chevron developed the oil field in Ecuador, did it do so in conformity with standards for treatment of production water that were in place in the United States at the time that it was building its infrastructure in Ecuador?

Powers: No.

Q: Can you describe the ways in which Chevron's Ecuadorian concession fell below standards it would have been required to meet if that field were in the United States?

Powers: Based on the salinity and the produced water from the field, the company would have been required to reinject that water into a subsurface formation. Could not have operated that oil field or produced a single barrel of oil without having that produced water injection system operational.

Q: By failing to reinject production water in the Lago Agrio concession, what impact did that have on the environment in Lago Agrio?

Powers: It contaminated the surface water at the points where it was injected, not only with the high salinity of the produced water in an environment that has almost no natural salinity, but the trace contaminants of heavy metals and oil also contributed to the generalized contamination of that surface water.

Q: If you include the produced water in your comparison between the discharge into the environment from Chevron's Lago Agrio concession, when you compare that to the Exxon-Valdez oil discharge from that catastrophe, how would you compare them?

Powers: Both the produced water and the crude oil are toxic. The – you can argue about the relative toxicity of them both. But the amount of toxic liquids that should not have been in the environment in Ecuador was at least 30 times the quantity or the volume of crude that was spilled in the Exxon-Valdez disaster.

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.

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

A mother holds her ten-month old daughter
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.

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!

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.

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