Ecuador Appeals Court Upholds $18 Billion Verdict Against Chevron For Amazon Destruction

Brendan DeMelle DeSmog
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Great news today in the ongoing legal battle over the oil giant Chevron’s destruction of the Amazon.ย ย 

Mike G reports on The Understory blog at Rainforest Action Network that an appeals court in Ecuador has just upheld the $18 billion decision against Chevron for itsย massive oil pollution in the Amazon.

Reuters reports:

Ecuador court upholds $18 bln ruling againstย Chevron

LAGO AGRIO, Ecuadorย Jan 3 (Reuters) โ€“ An Ecuadorean appeals court on Tuesday upheld a ruling that Chevron Corp should pay $18 billion in damages to plaintiffs who accused the U.S. oil giant of polluting the Amazon jungle and damaging theirย health.

A judge ordered Chevron to pay $8.6 billion in environmental damages last February, but the amount was more than doubled to about $18 billion because Chevron failed to make a public apology as required by the originalย ruling.

โ€œWe ratify the ruling of February 14 2011 in all its parts, including the sentence for moral reparation,โ€ said the ruling issued on Tuesday, which was obtained byย Reuters.

Plaintiffs accused Texaco, which was bought by Chevron in 2001, of dumping oil-drilling waste in unlined pits, polluting the forest and causing illness and deaths among indigenous people. They appealed the original court ruling, claiming that more money would be needed for theย cleanup.

Chevron had argued that Texaco cleaned up all waste pits for which it was responsible, and said that the Ecuadorean judge in the original case had ignored evidence of fraud on the part of the plaintiffs. (Reporting by Victor Gomez; Writing by Eduardo Garcia; Editing by Daniel Wallis and Paulย Simao)

About that cleanup Chevron claims itย did:

Chevron Used Secret Lab to Hide Dirty Soil Samples from Ecuador Court, Say Companyย Documents

Oil Giant Also Duped Its Own Paid Experts To Give False Testimony About Deceptiveย Sampling

Chevron claims this pit was cleaned

Chevron found no contamination in its testing at this well site inย Ecuador.

NEW YORK, Dec. 20 /CSRwire/ โ€“ In an ever more stunning expose of Chevronโ€™s fraud before the Ecuador court, a U.S. federal judge has ordered the disclosure of documents that demonstrate Chevron used a secret lab in the United States to hide the existence of dirty soil samples taken from the companyโ€™s contaminated former well sites in theย Amazon.

The documents also show that Chevronโ€™s scientific experts in the Ecuador trial โ€” one of whom is a respected professor at the University of California โ€” executed a scheme that guaranteed the company would find only โ€œcleanโ€ soil samples from contaminated well sites while all โ€œdirtyโ€ samples would be sent to a lab called NewFields, where they would not be disclosed to theย court.

The existence of the NewFields lab, which is based in Atlanta, was not disclosed by Chevron to either the plaintiffs or the Ecuador trial court before it ruled in February that the company was liable for $18 billion in clean-up damages.ย Even though Chevron tried to present a false picture of the evidence to the court, the Ecuadorย judge foundย that scientific samples from the plaintiffs and other court-appointed experts clearly demonstrated extensive pollution at all of the 94 former Chevron well sites and production stations inspected during theย trial.

Chevron executed its deceptive sampling plan by secretly and unilaterally pre-inspecting well sites in the days before court-supervised judicial inspections of the same sites, which were attended by both parties and the judge.ย Chevron used the pre-inspections to plot areas on ground higher than the contaminated waste pits where soil samples would come up โ€œcleanโ€ during the official inspections process.ย  Seeย hereย andย here.

As a general matter, the documents show that only Chevronโ€™s โ€œcleanโ€ soil samples were submitted to the Ecuador court despite rampant pollution on the ground and in streams and rivers near all Chevron well sites that were inspected by the parties during the trial, which lasted from 2003 to 2011.ย  As an example,ย see this photo of Shushufindi 38,ย a former Chevron well site where Chevron in contrast to the plaintiffs reported that it found no contamination in its soilย samples.

Other documents (hereย andย here) show Chevron committed fraud by lying to some of its own technical experts so they would laud the companyโ€™s deceptive sampling practices even though they were designed to mislead theย court.

At this point, Chevronโ€™s attempts to justify why it wonโ€™t take responsibility for its environmental and human rights crisis in the Ecuadorean Amazon are just ridiculous. Given the especially poor job theyโ€™ve done in the past, Chevronโ€™ PR folks definitely canโ€™t handle this. So weโ€™ve createdย this little toolย to help you suggest a new ridiculous justification for Chevronโ€™s callous disregard for the health and well-being of the Ecuadorean Amazon communities it has contaminated in its reckless pursuit ofย profits.

Brendan DeMelle DeSmog
Brendan is Executive Director of DeSmog. He is also a freelance writer and researcher specializing in media, politics, climate change and energy. His work has appeared in Vanity Fair, The Huffington Post, Grist, The Washington Times and other outlets.

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