Appeals court in Ecuador upholds $18 billion judgment against Chevron in environmental pollution lawsuit

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3 January 2012

Amazon Defense Coalition: Ecuador Appellate Court Confirms $18 Billion Judgment Against Chevron In Ecuador

Author: Amazon Defense Coalition

The Lago Agrio plaintiffs issued the following statement on the ruling from the Provincial Court of Justice of Sucumbios in Lago Agrio, Ecuador that upholds the $18 billion lower court damage award issued in February against Chevron for the company's intentional contamination of the Ecuadorian rainforest: "The decision by an independent appellate court…is based on overwhelming scientific evidence presented at trial that proved Chevron deliberately dumped billions of gallons of toxic waste that poisoned the water supply of the Amazon rainforest, decimating indigenous groups and causing an outbreak of cancers and other diseases that continue to threaten thousands of innocent lives…”

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Article
3 January 2012

Chevron Condemns Illegitimate Decision by Ecuador Appellate Court

Author: Chevron

Chevron Corporation today announced there has been an adverse ruling by the panel of three temporary judges presiding over appellate proceedings in the Provincial Court of Justice of Sucumbíos in Lago Agrio, Ecuador in an environmental lawsuit involving Texaco Petroleum Company, upholding a lower court's ruling from February 2011. Chevron continues to seek recourse through legal proceedings outside of Ecuador…In response to the ruling, Chevron issued the following statement: "Today's decision is another glaring example of the politicization and corruption of Ecuador's judiciary that has plagued this fraudulent case from the start…”

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Author: Sala única de la corte provincial de justicia de Sucumbíos

Por el escrito de apelación del 17 de febrero del 2011, el Ab. Pablo Fajardo, en su calidad de Procurador Común de los que son parte sustancial del juicio -los actores -apeló de la sentencia parcialmente condenatoria emitida el 14 de febrero del 2011 en el nivel inferior, contrayendo su recurso a los aspectos que se indican seguidamente: A) Las pérctidas económicas que los demandantes afirman en primera persona; B) Daños de los territorios ancestrales de los nativos indígenas de la zona; y, C) Daños provenientes del regado de crudo en las vías, por parte de Texaco [parte de Chevron], así como de daños a otras estructuras y terrenos.

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Article
4 January 2012

Chevron Bid to Dismiss $18 Billion Judgment Rejected in Ecuador

Author: Karen Gullo & Mark Chediak, Bloomberg

Chevron Corp.’s effort to overturn an $18 billion judgment against it was rejected by an Ecuador appeals court in a lawsuit alleging the company is responsible for chemicals spilled in the Amazon River basin more than 20 years ago. The “adverse ruling” upholding the lower-court judgment was issued by a panel of three judges in the Provincial Court of Justice of Sucumbios…, Chevron said in [a]…statement yesterday. Chevron appealed a February ruling that it was responsible for chemical-laden wastewater dumped in jungle land from 1964 to about 1992 by Texaco Inc., which Chevron acquired in 2001…The appeals court ratified the February ruling “in all of its parts, including the conviction for moral reparation or its alternative and costs,” according to the decision. [also refers to Petroecuador]

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Article
4 January 2012

Chevron’s Ecuador case takes new twist

Author: Ed Crooks and Naomi Mapstone, Financial Times

For Chevron shareholders, an Ecuadorean court’s confirmation on Tuesday evening of an $18bn damages award against the company has been a non-event. Yet the legal battle over pollution caused by Chevron’s predecessor Texaco in the Amazon region of Ecuador is not over yet. The saga, which has held plenty of twists and turns since the first action was launched back in 1993, still has more to come. The fight has dragged on thanks in large part to the dogged persistence of Steven Donziger, the plaintiffs’ controversial US-based lawyer. While Chevron remains adamant in its rejection of the case against it, the company could yet end up having to pay a multi-billion dollar settlement to resolve the issue. Fadel Gheit, an analyst at Oppenheimer in New York, says: “At the very beginning, it didn’t look as though the case was going anywhere. Oil companies get sued every day by everyone, everywhere, and most of the cases we never hear about.” Now he expects Chevron to agree to pay $2bn-$3bn to bring the dispute to an end.

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Article
4 January 2012

Ecuador plaintiffs say they'll seek payment of Chevron ruling in international courts

Author: Gonzalo Solano, Associated Press

Ecuadoreans who won a court judgment against…Chevron Corp. said…that they'll seek to collect billions of dollars through courts in other countries, including by confiscating the company's assets and freezing its international accounts. An Ecuadorean court…ratified a 2011 judgment penalizing Chevron for pollution that contaminated the Amazon rain forest more than two decades ago. The company denounced the ruling in a statement as "unenforceable in any court that observes the rule of law." Chevron has also said it will seek legal recourse in courts outside of Ecuador. Plaintiffs' attorney Pablo Fajardo said at a news conference…that his clients wouldn't "pardon a single cent from Chevron in this battle."…The plaintiffs' lawyers wouldn't identify specific locations worldwide where they could pursue Chevron's assets.

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Article
4 January 2012

Why Chevron Will Settle in Ecuador

Author: Patrick Radden Keefe, New Yorker

Late yesterday...an appeals court in Lago Agrio, Ecuador, upheld an $18 billion fine against Chevron—the largest judgment ever awarded in an environmental lawsuit. Chevron condemned the ruling...The company’s objections notwithstanding, this decision may initiate an end-game in the case. The most likely outcome is a settlement. In fact, according to a source close to the case, this fall Chevron’s general counsel, R. Hewitt Pate, initiated a secret meeting in San Francisco with John Keker, an attorney who represents Donziger, to explore the possibility of settling...

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Article
4 January 2012

[subscription or single article-payment required] Reversal of Fortune - A crusading lawyer helped Ecuadorans secure a huge environmental judgment against Chevron. But did he go too far?

Author: Patrick Radden Keefe, New Yorker

[Lawyer Steven] Donziger [for the plaintiffs in the lawsuit against Chevron] has maintained that Chevron is motivated not merely by fear of an adverse judgment but by a desire “to destroy the very idea that indigenous people can bring an environmental lawsuit against an oil company.”…[A] local man named Donald Moncayo showed me around...At one fetid pit...he stepped gingerly onto the surface of the pool, where the solid matter in the produced water [resulting from oil drilling] had congealed into a tar-like crust...According to the plaintiffs, there are nearly a thousand of these pits in the Oriente...Chevron [has] declared the [eighteen billion dollar] judgment [against it] to be “illegitimate and unenforceable,” and said that the company, which has no assets in Ecuador, would not pay…As Randy Mastro [partner at Gibson, Dunn & Crutcher representing Chevron] sees it, the for-profit players who are bankrolling Donziger’s efforts betray an underlying cynicism behind the plaintiff’s case. This suit is driven not by poor Ecuadorans, he told me, but by “lawyers and consultants and financiers.” Donziger’s ambition was certainly grandiose, but it seemed motivated as much by a combative idealism as by a desire for riches…He felt that he was creating a viable “business model for a human rights case."...

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Author: teleSUR

La justicia de Ecuador ratifica la histórica condena ambiental impuesta a la petrolera estadounidense Chevron, la empresa deberá pagar 9 mil 500 millones de dólares por contaminar la Amazonía.

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Article
21 May 2019

Argentina: Appeals court rejects Ecuadorian judgment against Chevron

Author: Zennie Abraham, Oakland News Now (USA)

'"Chevron Ecuador Update: Argentine Court Rejects Fraudulent Ecuadorian Judgment Against Chevron", 21 May 2019

In this  Update, the Argentine Appeals Court rejected the plaintiffs Ecuadorian judgment in the ongoing lawsuit against the San Ramon-based energy company. The simple reason is because Chevon was never in Ecuador to start with, either directly or financially.

“The local courts lack international jurisdiction to hear the main claim because there is no reasonable point of connection between the case and the forum,” the Chamber of Appeals said in its decision on July 3 2018.

R. Hewitt Pate, vice president and general counsel for  said “Just weeks after favorable court decisions in Brazil, Canada, and Gibraltar, the extortion scheme against  continues to collapse. Argentina’s court of appeals has tossed out this case, and any court that respects the rule of law should do the same.”

The Argentine Appeals Court decision also completely reverses Argentina’s orginal November 2012 action where Argentina Civil Judge Adrian Elcuj Miranda ordered up to 40 percent of ’s bank accounts in Argentina to be held in escrow after the original Ecuador decision against the California-based company...

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