Tuesday, September 29, 2009

Video: Amazon Watch's Atossa Soltani Talks About Chevron in Ecuador

Video and Interview by LivingECHO:

Atossa Soltani is the founder and Executive Director of Amazon Watch. Since 1991, Atossa has been working to support indigenous peoples in their efforts to protect their rights to self-determination, territories, natural resources, culture, and way of life. Prior to founding Amazon Watch, Atossa directed campaigns at the Rainforest Action Network (1991-1996). Atossa has worked on documenting and publicizing human rights abuses and environmental disasters caused by extractive industries and large scale infrastructure projects throughout the Amazon. She has led successful campaigns challenging oil companies and international financial institutions to adopt stronger environmental and social standards globally. For more information, see www.amazonwatch.org

– Nick

Monday, September 28, 2009

Highlights From Amazon Watch's LA Crude Primere Event

Amazon Watch just released this great video of people's reactions after seeing the film CRUDE at the LA Premiere. No Question this film as impactful as it is infuriating.

Nick Magel is Communications Manager at Amazon Watch. Prior to joining Amazon Watch, Nick was Director of the Freedom From Oil campaign at Global Exchange. Nick’s critiques of the US oil addiction have run in The New York Times, USA Today, and San Francisco Chronicle. Previously, Nick had worked on campaigns to stop new liquefied natural gas infrastructure on the west coast and developed climate based curricula for classrooms across the country. He received his MA in education from Lesley University.

Chevron Files International Arbitration Claim Against Ecuador: Forum Shopping at the Hague?

This is a good overview of what Chevron's new chapter of delay tactics is made up of. It takes a lot of the legal wonk out of the equation and breaks down Chevron's new international arbitration claim for what it is; as the author puts it, "the latest move is the litigation equivalent of three card monte"

Favorite quote goes to: "Chevron's latest tactic all but mocks the institution's primary mission to administer justice."

Crosspost from International Buisness Law Advisor

By: Santiago Cueto

First, the United States. Then Ecuador. Now Holland. Chevron's wanderlust knows no bounds, as it just filed a parallel international arbitration proceeding in The Hague.

As reported in this article in the Wall Street Journal and in this article in the New York Times, Chevron filed an international arbitration claim before the Permanent Court of Arbitration in The Hague under the Rules of the United Nations Commission on International Trade Law (UNCITRAL). The claim is based on Ecuador's alleged violation of investment agreements, international law, and its treaty with the United States--the Encouragement and Protection of Investments Treaty.

Chevron’s claims relate to the Amazon oil lawsuit I wrote about in an earlier post. In the arbitration filed in the Hague , Chevron alleges that Ecuador’s judicial process is broken and that the South American nation cannot fairly adjudicate the long-running oil pollution litigation. Through the filing, Chevron seeks to enforce prior settlement and release agreements that the government of Ecuador entered into with Texaco Petroleum when the consortium was terminated, and to hold Ecuador accountable for its obligations under Ecuadorian law and existing international treaties.

The Ecuadorian government says that it will "vigorously" defend itself against the claim.

Chevron's new general counsel, Hewitt Pate, released a statement that accompanied the announcement of the new claim.

"Because Ecuador's judicial system is incapable of functioning independently of political influence, Chevron has no choice but to seek relief under the treaty between the United States and Ecuador."

Forum Shopping is an Unfair Venue Shell Game

Chevron's latest move is the litigation equivalent of three card monty and is yet another tactic to divert attention away from the trial taking place in Ecuador. Chevron first fought successfully to force plaintiffs to try their lawsuit in Ecuador rather than U.S. courts. Then it sought (unsuccessfully) to win indemnification in U.S. courts from a possible judgment in Ecuador. And now it's filed for arbitration in Holland. Chevron's blatant forum shopping is an abuse of the judicial process and designed to avoid a judgment.

The Hague is arguably the most hallowed institution for the resolution of high-profile international disputes. Chevron's latest tactic all but mocks the institution's primary mission to administer justice. The Hague must not be utilized to frustrate legitimate legal proceedings taking place elsewhere.

Forum shopping drains resources by imposing substantial additional costs on defendants, who must transport lawyers, documents, and numerous witnesses to the site of the trial – an expense that is multiplied when the trial is located far from the defendant’s place of business, such as in Holland.

Steven Donziger, a U.S. legal adviser to the plaintiffs, said the latest move by Chevron followed a series of setbacks in courts for the company in both countries.

Filing an international arbitration campaign at this point in time smacks of desperation and is a clear example of forum shopping," Donziger said in emailed statement.

As reported in this article in the Oil & Gas Journal, Steven called the company’s move “one of Chevron’s last cards to avoid paying for a half-century of environmental contamination in Ecuador’s Amazon.”

The country's solicitor general, Diego García, said "Chevron has signaled for years its intention to file the instant arbitration, although only after an adverse judgment had issued and the appellate process completed.

"The environmental case should be resolved by the courts," Garcia added, "not in an arbitration in which the private parties are not even represented."

You can read the entire article at International Business Law Advisor Online

– Nick

Nick Magel is Communications Manager at Amazon Watch. Prior to joining Amazon Watch, Nick was Director of the Freedom From Oil campaign at Global Exchange. Nick’s critiques of the US oil addiction have run in The New York Times, USA Today, and San Francisco Chronicle. Previously, Nick had worked on campaigns to stop new liquefied natural gas infrastructure on the west coast and developed climate based curricula for classrooms across the country. He received his MA in education from Lesley University.

Friday, September 25, 2009

Trudie Styler Invites 6000 Chevron Workers to the Movies

CRUDE is opening in Chevron's backyard on San Francisco today, a mere 20 miles from it's world headquarters in San Ramon. Chevron has refused screenings from CRUDE Director Joe Berlinger and Chevron Spokesman Kent Robinson has even attacked the film without confirming he or any other Chevron employee has even seen the film.

Well now it looks like Trudie Styler has stepped up and invited the 6000 San Francisco Bay Area Chevron employees to CRUDE, so they can come see the film and judge for themselves...

-----

By Mike Brune Executive Director of RAN on Huffington Post

Let's say you're like most Americans. You believe that everyone should have the right to clean water and clean air. You think that rain forests are special and ought to be protected. And you think that all people have basic human rights to be recognized and respected in every country.

But at the same time, you work for an oil company. Chevron.

Just because your CEO is entangled in one environmental and human rights controversy after another doesn't mean you can't care about the planet, does it?

Trudie Styler believes there are certain issues we can all agree on, regardless of who signs our paycheck. On the eve of the San Francisco premiere of Joe Berlinger's Crude, the award-winning environmental and human rights leader reached out to Chevron employees -- and asked them on a date.

Three years ago, Styler traveled to Ecuador to witness first-hand the legacy Texaco, now Chevron, left behind after decades of oil contamination.

Now she's hoping Chevron employees see for themselves what is happening. "Many people will assume that you and I must be on different sides of the fence on this issue. But I don't believe that," Styler wrote. "I'm willing to bet that you and I, and all of your colleagues, agree that everyone has the fundamental right to the life-supporting elements of clean air and clean water."

Let's hope she's right.

Here's the letter, in full:

Dear xx,

My name is Trudie Styler.

You may know me as Sting's wife, and you may know of my work for the environment and human rights. You may also have heard my name mentioned as one of the celebrities speaking out in support of the 30,000 Ecuadorean citizens who are pursuing Chevron to clean up the pollution the company left behind in their homeland.

I am all of those things.

But over and above all those things, I am simply a mother who can't just stand by and do nothing when I see children who are suffering.

Three years ago, I made a trip to the Ecuadorean Amazon. It wasn't my first trip to the rainforest, but it was a life-changing experience nonetheless. I met hundreds of villagers and indigenous people who depend on the rainforest for their nourishment, their livelihoods, their culture and their spirituality. I saw with my own eyes how, over the past thirty years, their home has been devastated by oil pollution, and their health destroyed by the toxicity that has poisoned the soil, the rivers, and even the rain. Chevron left that pollution behind. They've even admitted to dumping more than 18 billion gallons of toxic waste there.

On that trip I vowed to do whatever I could to help these people. I believe that any one of you, if you had seen what I saw there, would have felt the same.

So, I went to Unicef, as I am one of their Ambassadors. Unicef agreed that the lack of safe drinking water in the affected area was a serious crisis, and they joined forces with my own charity, the Rainforest Fund, to organize the installation of water filters and tanks to families, schools, and hospitals. (More about this project can be found here.)

I have also been collaborating on a film, Crude, that tells the story of these Ecuadorean people, and their struggle for a safe place to live. I wanted to help shine a light on this terrible situation, and by doing so advocate greater responsibility by multinational companies when they pursue their business interests abroad. Crude is showing in San Francisco for a week, starting this Friday, September 25th.

Many people will assume that you and I must be on different sides of the fence on this issue. But I don't believe that. I'm willing to bet that you and I, and all of your colleagues, agree that everyone has the fundamental right to the life-supporting elements of clean air and clean water.

I'd like to make it very easy for you to learn about these people for yourself. I'd like to give you the opportunity to make up your own mind about what has been going on in Ecuador, and to consider how justice can be achieved for the people suffering there. I'd like to invite you to the movies.

Please join me - I'll buy your ticket. Reply to this email letting us know which showing of Crude you'd like to attend and we'll simply put your name on the list. It's that simple. Come and see for yourself, and you be the judge.

Trudie Styler

– Nick

Nick Magel is Communications Manager at Amazon Watch. Prior to joining Amazon Watch, Nick was Director of the Freedom From Oil campaign at Global Exchange. Nick’s critiques of the US oil addiction have run in The New York Times, USA Today, and San Francisco Chronicle. Previously, Nick had worked on campaigns to stop new liquefied natural gas infrastructure on the west coast and developed climate based curricula for classrooms across the country. He received his MA in education from Lesley University.

Wednesday, September 23, 2009

Judge in Chevron's $27 Billion Lawsuit Asked to Stay On

After all the media fireworks and PR storms manufactured by Chevron start to settle.

The latest of these facts: Judge Nunez, the judge was preceding over the $27 billion lawsuit, has been asked to remain on the trial after "no reason found for his recusal.

Looks like the truth continues to float to the top of Chevron's muddled concoction.

Bloomberg report:

Ecuador Judge Told by Court to Stay on Chevron Case

By Karen Gullo and Adriana Brasileiro Sept. 23 (Bloomberg) -- The Ecuadorean judge who stepped down from a $27 billion environmental lawsuit against Chevron Corp. after the company accused him of bias should remain in charge of the case, a court in Ecuador ruled.

A request by Judge Juan Nunez to recuse himself from the Chevron lawsuit was “unfounded,” Judge Nicolas Zambrano said in a ruling yesterday. Like Nunez, Zambrano sits on the Nueva Loja Superior Court in Ecuador’s northeastern Sucumbios province.

Nunez on Sept. 4 was asked by Ecuadorean authorities to recuse himself after Chevron released tapes allegedly showing that he had disclosed his intention to rule against the company to two businessmen before issuing a final decision and may have been involved in a bribery scheme. Nunez denied the allegation. Ecuador’s top prosecutor is investigating the matters.

Nunez, a former Ecuadorean Air Force officer and president of the Nueva Loja Superior Court, has been overseeing a lawsuit filed by Amazon Basin residents in Ecuador who claim Chevron is responsible for toxic waste from oil drilling in the jungle from 1964 to 1990 or later.

The plaintiffs claim the pollution was left by Texaco Inc., which Chevron acquired in 2001. Chevron said Texaco cleaned up its share of the pollution at its former oil fields, which were taken over by Ecuador’s state-owned oil company. Chevron was released from any future liability in an agreement with PetroEcuador, the company says.

Additional Delays

The case has been pending in a court in Lago Agrio, 20 miles south of the Colombian border, since 2003.

Ecuador Prosecutor General Washington Pesantez said Sept. 4 that Nunez was asked to step down to avoid additional delays in the case. Zambrano, the second highest-ranking judge in Nueva Loja Superior Court, took over the case and considered Nunez’s motion for recusal. Nunez didn’t comply with an order to submit documents supporting his request to resign from the case, Zambrano’s ruling said.

“Considering the request was unfounded, I decide the process by returned to said employee,” Zambrano said, according to an excerpt of the ruling translated from Spanish. Nunez declined to comment on Zambrano’s ruling today.

You can read the entire of the Bloomberg report HERE

– Nick

Nick Magel is Communications Manager at Amazon Watch. Prior to joining Amazon Watch, Nick was Director of the Freedom From Oil campaign at Global Exchange. Nick’s critiques of the US oil addiction have run in The New York Times, USA Today, and San Francisco Chronicle. Previously, Nick had worked on campaigns to stop new liquefied natural gas infrastructure on the west coast and developed climate based curricula for classrooms across the country. He received his MA in education from Lesley University.

Video: Han Shan Talks with Current TV about CRUDE and Chevron's Crimes in Ecuador

Current Green interviews Han Shan, activist with Amazon Watch about the new film, CRUDE. Three years in the making, this cinéma-vérité feature from acclaimed filmmaker Joe Berlinger (Brother's Keeper, Paradise Lost, Metallica: Some Kind of Monster) is the epic story of one of the largest and most controversial environmental lawsuits on the planet. Hans takes us behind the scenes of the film and speak what people can do to get involved with the issues. Climate 911 in Found on Current TV

Born and raised in Baltimore, Han Shan is a human rights and environmental justice campaigner living in New York City. He is currently serving as a coordinator of the Clean Up Ecuador campaign for Amazon Watch.

Monday, September 21, 2009

The Hollywood Premiere of CRUDE a Huge Hit

Sean Penn, Isla Fisher, Stuart Townsend, Q’orianka Kilcher, Armand Assante, Billy Wirth, Rosanna Arquette Among Dozens of Celebrities Who Turn Up to Support Amazon Watch’s Screening of CRUDE Chevron’s Fears Grow as Documentary Shines Spotlight on $27 Billion Lawsuit For photos from the event click HERE

On September 17, Amazon Watch hosted the Hollywood premiere of CRUDE, an inspiring new film about Chevron’s $27 billion lawsuit, by award-winning filmmaker, Joe Berlinger. The sold-out benefit screening and after-party was held at the Harmony Gold Theater in Hollywood and was attended by over 350 supporters.

Many of the celebrities and eco-luminaries who attended vowed to get more involved in the campaign to compel the oil giant Chevron clean up its oil pollution in the Ecuadorian Amazon. The film opens at the Nuart Theater tonight and runs thru September 24.



Among the well-known personalities who joined Amazon Watch and filmmaker Joe Berlinger were Sean Penn, Isla Fisher, Stuart Townsend, Q’orianka Kilcher (the New World), Armand Assante, Billy Wirth, Rosanna Arquette, Bellemy Young, Dave Navarro, Jeffrey Donovan ("Burn Notice"), Kim Director ("Cold Case"), Tami Farrell (Miss California-USA), David de Rothschild (Adventure Ecology), Vanessa Lengies (TNT's "Hawthorne"), Michael Rymer (Emmy-nominated Director-"Battlestar Galactica"), Joanelle Romero (activist singer, founder of Red Nation Film Festival), Montano Rain (young environmentalist, "Help The Earth"), Robert Chartoff (Director Rocky), and Bruce Parry (BBC & Discovery Channel host of "Tribes" and "Amazon").



“CRUDE is generating unprecedented public awareness about Chevron’s irresponsible practices in Ecuador,” said Atossa Soltani Executive Director of Amazon Watch. “The film shows both sides and allows the audience to be the judge on whether Chevron is guilty. Chevron is fast losing the battle in the court of public opinion and showing clear signs that it is afraid of CRUDE.”

The LA premiere event comes one week after CRUDE premiered in New York and started this week as the US’s highest grossing film per screen. The film has received high praise from critics including by The New York Times and LA Times.



The film’s success and high profile has provoked increasingly desperate tactics from Chevron, including the release of a purported bribery scandal video in an attempt to confuse the public and delay the legal proceedings in the 16-year trial. Chevron spokesperson Kent Robertson recently attacked the film as being “long on emotions and short on facts” even though no one at Chevron has actually confirmed seeing the film. Filmmaker Joe Berlinger called Robertson’s claims “outlandish”, pointing out that “the film goes to great lengths to give as much attention to the positions of each of the opposing parties in this landmark case as is possible in a featured length documentary.” 



“The nationwide release of CRUDE is a nightmare for Chevron,” said Mitch Anderson, Corporate Accountability Campaigner with Amazon Watch. “We urge people to see the film and to let Chevron know that it can no longer afford to evade it’s clean up responsibility in Ecuador.”



The film plays in LA at the Landmark Nuart through September 24, followed by a San Francisco premiere September 25, and runs forty more cities.

For more information about Amazon Watch’s campaign, visit: www.ChevronToxico.com/crude. For the official film website visit www.crudethemovie.com.

– Nick

Nick Magel is Communications Manager at Amazon Watch. Prior to joining Amazon Watch, Nick was Director of the Freedom From Oil campaign at Global Exchange. Nick’s critiques of the US oil addiction have run in The New York Times, USA Today, and San Francisco Chronicle. Previously, Nick had worked on campaigns to stop new liquefied natural gas infrastructure on the west coast and developed climate based curricula for classrooms across the country. He received his MA in education from Lesley University.

Saturday, September 19, 2009

CRUDE Premiere Escalates Battle Against Dirty Oil

CRUDE the movie becomes a rallying point for a decades long battle in one of the most important corporate social responsibility trials of all time.

Origanilly posted on Mother Nature Network:

It was fun times at the Los Angeles premiere of CRUDE last night but the organic hors d'oeuvres and wine belied a serious mission -- to bring the plight of 30,000 Amazonian inhabitants to the American public as they battle against one of the largest corporations in the world -- Chevron. The crowd contained both A-lister celebs like Sean Penn as well as A-lister activists. Jodie Evans of Code Pink was in attendance, as well as filmmaker and activist Stuart Townsend, aerial artist John Quiggly, Mike Brune from RAN, and Atossi Soltani of Amazon Watch who hosted the event. Here are some pics:

I've been looking forward to this film in the hope that it would elucidate the finer details of what could very well be the most significant class action lawsuit related to corporate social responsibility in history. That it did.

Though the initial lawsuit was filed in the U.S. Texaco, now owned by Chevron, worked diligently to have the trial moved to Ecuador for reasons that are pretty obvious if you are familiar with the rural South American judicial system. They succeeded, but their efforts backfired. After a lengthy trial in Ecuador, a judgement was made that Chevron should pay $27 billion to the government to fund a massive environmental cleanup and reparations for catastrophic human health impacts.

Chevron has repeatedly rebuked the claims (I myself interviewed someone high up at Chevron hoping to get some more info on their side of the story to no avail). First they said that the polluted areas were the responsibility of a Petro-Ecuador/Texaco consortium, NOT Texaco.

When that was disproved they changed their tune and said that detailed analysis proved the water pollution resulting from oil well effluent was not hazardous to human health. Staggering cancer rates and river water that (20 years later) still smells like gasoline have also proven that wrong.

The claimants main argument is that when Chevron purchased Texaco they also purchased the lawsuit against Texaco. Texaco responds by saying that when Texaco handed over the wells, they signed away all liability to the government.

On the eve of the New York premiere of CRUDE last week Chevron launched a subterfuge campaign to try and piggy back on the web traffic generated from the film, which included a potentially falsified video that incriminates one of the Ecuadorean judges (who incidentally was never part of the original trial).

Amazon Watch is calling for an investigation into alleged entrapment and tampering of evidence and what (if any) role Chevron may have had in these legal violations.

No doubt there is along road ahead for the people of Ecuador and the lawyers representing them, but this film may help in another way -- by raising public awareness about the horrors that result when a company does not behave responsibly.

IF YOU ARE IN LOS ANGELES GO SEE THE FILM THIS WEEK! CRUDE is on its way to 40 other cities so you can visit the website to check for showtimes.

Karl Burkart writes on the latest in green media and technology for Mother Nature Network

Friday, September 18, 2009

Video: Vanessa Lengies comments on CRUDE's impact.

Last night Vanessa Lengies, the young actor from television shows “American Dreams” and “Hawthorne”, joined Amazon Watch for the LA Premiere of CRUDE. Here are her thoughts on the film and on Chevron.

“Chevron, we demand you take responsibility for your actions!” I couldn't have said it any better Vanessa.

– Nick

Nick Magel is Communications Manager at Amazon Watch. Prior to joining Amazon Watch, Nick was Director of the Freedom From Oil campaign at Global Exchange. Nick’s critiques of the US oil addiction have run in The New York Times, USA Today, and San Francisco Chronicle. Previously, Nick had worked on campaigns to stop new liquefied natural gas infrastructure on the west coast and developed climate based curricula for classrooms across the country. He received his MA in education from Lesley University.

One Man's Take On CRUDE from the Los Angeles Premiere

Originally posted on 2greenenergy.com by Craig Shields.

I was fortunate enough to have been invited to the Los Angeles premier screening of the movie “Crude” by filmmaker Joe Berlinger (pictured at left with Miss California) last night in Hollywood. It was a great honor being part of a cause so honest, and to be given the opportunity to meet people like Atossa Soltani (below) – a fierce but kind fireball of passion and energy for the cause of the Ecuadorian people.

For those who may not know the story, Crude is a documentary – quite fair-minded in comparison to most – covering the history of one of the world’s most terrible tragedies – tragic mostly insofar as it did not have to happen. In brief, Texaco began its exploration for oil in Ecuador in 1964 and pursued that effort for decades, with processes so impure that they would have landed anyone associated with them in jail had they been performed in the US. The company knowingly ravaged the rain forest, and caused the sickness and death of tens of thousands innocent people living in the area. Now, Chevron, who acquired Texaco in 2001, is working hard to evade responsibility for the crimes of the company it owns. Those wishing to learn more can do so at Amazon Watch.

In any case, this film is truly a story of power, mystery, beauty, and evil – all presented in a straightforward manner that respects the intelligence of its audience. I won’t give away the ending – in fact, I couldn’t even if I wanted to. There is no reason to believe that this litigation will ever end, as Chevron continues to astound the world, finding inventive new ways to postpone justice and fairness. If you think I’m exaggerating, I urge you to consider the case of the Exxon Valdez. No one at ExxonMobil disputes sole resonsibility for the disaster, yet they were successful in delaying paying off the damages until just this year — more than 20 years after the incident (and at the last minute prevailed upon a judge to reduce those damages by 80%). To me, it’s hard to guess when we could reach a conclusion in the case of Chevron. But speaking of conclusions, one that I personally find obvious is that white people have treated people of color very badly all around the globe for many hundreds of years. This fine film is a reminder that there is precious little evidence that this pathology has slowed – or that it ever will.

Craig Shields is a founder of 2greenenergy.com

Thursday, September 17, 2009

Forbes: The Chevron Way

Excellent commentary from Steven Donzinger in Forbes yesterday.

As corporate values statements go, there are few more stirring than the "Chevron Way" espoused by the nation's third largest corporation. Chevron aspires to be "the global energy company most admired for its people, partnership and performance," one that conducts business "in a socially responsible and ethical manner," and "respects the law, supports universal human rights, protects the environment and benefits the communities where we work." That's heady stuff.

Like most corporations today, Chevron has worked hard to learn the lessons of the corporate and social responsibility movement. It spends significant sums of advertising dollars marketing itself as an environmentally sensitive company. No matter how one might feel about oil companies, most entrepreneurs would agree that Chevron has every right to turn a robust profit--as long as it conducts itself in an ethical, legal and responsible manner consistent with its own high-minded rhetoric.

Yet for all the nice words, Chevron's actions--and values--have not always been so responsible. In fact, there is increasing evidence that some of those actions have been downright harmful to the environment and continue to create health risks for thousands of men, woman and children. Which brings us to Ecuador...

Ecuador is where Chevron currently faces a potentially $27.3 billion financial liability in a long-running legal case over the consequences of Texaco's alleged sub-standard operational practices in the Amazon rainforest. In 2001, Chevron acquired Texaco. And evidence in the lawsuit, plaintiffs say, demonstrates that from 1964 to 1992 Texaco deliberately dumped billions of gallons of toxic waste into Amazon waterways, abandoned more than 900 unlined waste pits, burned millions of cubic meters of noxious gases, and spilled more than 17 million gallons of oil due to pipeline ruptures. A court-appointed special master who conducted a damages assessment found that 173 out of 196 former waste pits operated by Texaco and inspected during the trial are contaminated with petroleum hydrocarbons in violation of Ecuadorian standards (each of Texaco's 356 well sites in Ecuador had multiple waste pits.) One plaintiff's expert said he believes cleaning this mess would be one of the largest decontamination efforts ever attempted.

And the plaintiffs have presented evidence that Texaco acted knowingly. An extraordinary memo dated July 17, 1972, from R.C. Shields, then-head of all Latin American production for Texaco, issued a blunt directive to Texaco's acting manager in Ecuador: "No reports are to be kept on a routine basis, and all previous reports are to be removed from field and division offices and destroyed." Good corporate citizens don't demand that reports documenting environmental damage be destroyed.

In 1992, on the eve of its departure from Ecuador, Texaco quietly hired two outside consulting firms to assess the environmental impact of the company's practices. The audits, which were submitted by Chevron as evidence, found that hydrocarbon contamination "requires remediation at all production facilities and a majority of the drill sites," that "produced water was disposed of into a local creek or river or in some instances directly into the jungle," and that in general, "spills of hydrocarbons and chemicals were not cleaned up." One report found that well site spills occurred at 158 of the 163 assessed sites. It also found, shockingly, that under Texaco's watch, prior to 1990 no spill prevention methods were in place, little maintenance had been done on any of the pits, and there was no groundwater monitoring to assess contamination.

There is also a living record of the contamination from witness testimony: the indigenous people and campesinos of the region, whose children bathed in, played in and drank petroleum-laced water. Evidence has been presented from peer-reviewed academic journals that post-Texaco life on the Amazon saw cancer rates--including childhood leukemia--three times higher than rates in the rest of Ecuador. There is also evidence of elevated rates of miscarriages due to exposure to oil contamination and extensive anecdotal evidence of birth defects. After visiting the region last year, U.S. Rep. James P. McGovern wrote in a letter to President Barack Obama, "As an American citizen, the degradation and contamination left behind by this U.S. company in a poor part of the world made me angry and ashamed."

Douglas Beltman, a former EPA official who serves as a scientific consultant to the affected indigenous groups, summarized the problem succinctly: "Texaco treated Ecuador's Amazon like a garbage dump. Almost everything an oil company could do wrong, Texaco did do wrong." With the complaints about contamination ignored, I and several other lawyers filed a lawsuit in 1993 on behalf of thousands of affected Ecuadorian citizens. The case was filed in New York federal court, within miles of Texaco's corporate headquarters. The objective was to compel the company responsible for what has been called the "Amazon Chernobyl" to pay for a clean-up. Texaco fought for nine years to move the case to Ecuador, filing 14 sworn affidavits asserting that the country's courts were a fair and adequate forum. In 2002, Texaco--by then, ChevronTexaco (and since renamed, simply, Chevron)--won that battle on the condition that it accept jurisdiction and abide by any ruling in Ecuador.

In May 2003, the Amazon communities re-filed the lawsuit in Ecuador. Over the course of the long trial, more than 60,000 soil and water sampling results culled by the parties and an independent expert have been tested by independent laboratories. These results have then been re-confirmed by yet other independent sources, including a court-appointed special master and U.S. scientists who formerly worked for the EPA and Department of Justice who consult with the local communities. The results show extensive toxic contamination in soils at 100% of Texaco's former well sites.

As the scientific evidence against Chevron mounted, the company went on the attack. It attacked the trial process as unfair--even though it had signed off on the process. It attacked the Ecuadorian judge as corrupt--even though it had filed countless affidavits praising Ecuador's judiciary. It hired lobbyists in Washington to bring pressure on Ecuador President Rafael Correa to quash the case. It promised decades of litigation to prevent a final judgment. In short, Chevron did everything it could to undermine the court system that it had previously praised. Chevron then tried to shift the blame to Petroecuador, Texaco's consortium partner from 1964 to 1990 and Ecuador's state-owned oil company. Yet records in evidence show that Texaco was the sole operator in Ecuador--exclusively designing, installing and running the massive operation.

Internal company documents from the discovery process demonstrate Texaco made all significant production and business decisions, even down to how much could be spent to purchase a file cabinet. It is customary in the oil industry for the operator of oil fields to bear 100% of the responsibility for environmental contamination--and to be compensated for the additional risk.

Chevron also claims it is not liable because in 1995 it paid $40 million to "clean" a portion of the well sites and waste pits in exchange for a release from liability from Ecuador's government. Interestingly, Chevron received the release before remediating a single site. Evidence at trial submitted by the plaintiffs demonstrates that Texaco's purported clean-up ignored the contaminated groundwater, rivers and streams, and consisted primarily of dumping dirt over waste pits without adequately cleaning out the toxins--akin to treating skin cancer with make-up. Evidence submitted by the plaintiffs shows that one well site, Lago Agrio 2, today has levels of TPH 3,250 times higher than allowed in the U.S. and 325 times higher than allowed under Ecuadorian law even though it had been certified by Texaco as "remediated" to secure its release. Worse, two former Texaco lawyers (now Chevron employees) and seven former Ecuadorian government officials are under criminal indictment in Ecuador for allegedly lying about the clean-up. Chevron announced this sad fact in its own press release.

On Forbes.com recently, writer Silvia Santacruz rolled out the latest of Chevron's counter-attacks: that Ecuadorian President Rafael Correa has publicly supported the plaintiffs and made a fair trial impossible; that plaintiff attorneys have made a career out of pursuing Chevron; and that this is really just a case of radical environmentalism at work. What Chevron doesn't say is that it has been afforded more due process rights than probably any defendant in the history of environmental litigation. The company has submitted more than 100,000 pages of evidence and more than 50,000 chemical sampling results to the court, most of which were found by the special master to corroborate the allegations of the plaintiffs that the company's former well sites pose a high risk to human health. The indigenous communities already have waited 16 years for a resolution of their claims.

At the end of August, the case took its strangest turn yet, when Chevron claimed it had video footage implicating the Ecuadoran judge presiding over the trial in a "$3 million bribery scheme." "Except," as Han Shan editorialized on the Huffington Post, "it didn't. The company revealed videos showing a former Chevron contractor named Diego Borja and an American businessman named Wayne Hansen, who appear to be trying fruitlessly to entrap the presiding judge, Juan Nunez." As the Financial Times pointed out in a Sept. 1 article, "The judge refuses several times on the tape to reveal the verdict, before saying, 'Yes sir,' when asked if he will find Chevron guilty. Nonetheless, the video begs the question whether Judge Nunez understood what he was being asked." The Ecuadoran government says it will investigate, and Nunez has recused himself from the case for any appearance of impropriety.

But, as the Los Angeles Times put it in an editorial, Ecuador's government "should probe not just the judge's actions but those of Chevron." While claiming to have no role in the sting operation, Chevron admits it paid for the relocation of Borja and his family to the U.S., and provided support. It has also admitted that it had the videotape in its possession since June, but didn't notify American or Ecuadoran officials before its media blitz. And, equally suspicious, Chevron has not allowed reporters covering the story to speak with either Borja or Hansen about the incident--which, in Shan's words, "raises more troubling questions about Chevron than about the judge or Ecuador's judicial process."

In the meantime, the U.S. Supreme Court and U.S. federal trial courts have dealt Chevron five consecutive defeats in the company's attempt to shift the liability to Petroecuador. New York Attorney General Andrew Cuomo--at the request of several Chevron shareholders, including the state's pension fund--has launched an investigation to determine whether Chevron is misleading the financial markets about the risk it faces in Ecuador. And an award-winning independent documentary by Joe Berlinger, CRUDE, will land in theaters in September.

The humanitarian crisis could be quickly addressed if Chevron chose to clean up its mess, as any responsible company would do. Instead, it has decided to violate the values in the "Chevron Way" and reach into its deep pockets, to litigate indefinitely because it is cheaper than funding a clean-up. It has told shareholders it will not pay even if found guilty--a brazen sign of disrespect for the law that not only violates Chevron's previous obligation to a U.S. court, but also damages the image of the United States throughout Latin America. And all the while, Chevron is running ads singing the praises of its environmental and human rights practices.

Until Chevron addresses the consequences of Texaco's rogue behavior in Ecuador, besmirching its reputation and giving American companies a bad name will be the real meaning of the Chevron Way.

Steven Donziger, a New York lawyer, represents Ecuadorian plaintiffs in their suit against Chevron.

Friday, September 11, 2009

Crude Filmmaker Responds to Chevron’s Attacks on Acclaimed New Documentary

Chevron gets defensive as "Crude" starts filling up theaters.

From "Crude" filmmaker Joe Berlinger:

In the September 9 Reuters news story “Is Chevron Scared of ‘Crude’ The Movie?”, Chevron spokesperson Kent Robertson criticizes the award-winning new film Crude on the day of its theatrical premiere, calling it “long on emotion and short on facts.” Crude director Joe Berlinger responds to the allegations:

“I find Kent Robertson’s comments about Crude to be extremely troubling, given the fact that he has yet to see the film. I have made multiple offers to screen the film for Mr. Robertson and his colleagues at Chevron, and my offers have been declined. Just last week, he told me that the company sees ‘no meaningful value’ in having a private screening, but they would ‘simply wait until the film hits [their] local theatres.’ Since Crude opened in New York on the same day the California-based Mr. Robertson made his comments to Reuters, I would be surprised if he has seen it, which makes me wonder why he is attacking the film.”

“The comment that Crude is ‘short on facts’ is outlandish. The film goes to great lengths to give as much attention to the positions of each of the opposing parties in this landmark case as is possible in a feature length documentary. Stephen Holden of the New York Times – among other prominent critics – specifically cited this quality, saying, ‘rarely have such conflicts been examined with the depth and power of Crude.’ Perhaps the ‘facts’ that Mr. Robertson is referring to are not the talking points that his company has been working so hard to inject into the news cycle in the days leading up to Crude’s release.”

“While Crude attempts to present both sides of the legal case, it concerns me that Mr. Robertson continues to criticize the film’s presentation of the story by obfuscating the accusations against his company. Mr. Robertson told Reuters, ‘If you're seeing fresh oil today ... how can that be the responsibility of a company that stopped operating in 1990?’ The systems and infrastructure that the plaintiffs say dumped billions of gallons of oil and toxic waste products into the Amazon rainforest in Ecuador were designed, built and operated for decades solely by Texaco (which merged with Chevron in 2001), according to the suit. Although the operation was later taken over by PetroEcuador, it is the theory of the plaintiffs’ case that Chevron is responsible not only for the past pollution, but the current pollution as well, because they turned over a faulty system to the current operator. To ignore this would be to miss a key point in the story examined in Crude. While Mr. Robertson is not an attorney, he is surely aware of this major detail in the case against the company, which has now been going on for sixteen years.”

An e-mail from Mr. Berlinger to Mr. Robertson asking him to clarify his comments regarding the film’s omissions has gone unanswered.

Crude is now playing in New York at the IFC Center. The film opens in Los Angeles on September 18, and expands nationwide throughout the fall.

– Nick

Nick Magel is Communications Manager at Amazon Watch. Prior to joining Amazon Watch, Nick was Director of the Freedom From Oil campaign at Global Exchange. Nick’s critiques of the US oil addiction have run in The New York Times, USA Today, and San Francisco Chronicle. Previously, Nick had worked on campaigns to stop new liquefied natural gas infrastructure on the west coast and developed climate based curricula for classrooms across the country. He received his MA in education from Lesley University.

Thursday, September 10, 2009

Chevron: Lights, Camera, Uh Oh!

As "Crude" premieres in New York City, Chevron's film is getting attention too, But not the attention it may want... Seems that Chevron’s filmmakers who made their directorial debut trying to bribe a judge by initiating a $3 million bribery scheme to secure water projects in Ecuador are being rewarded, even protected, by Chevron. Chevron is surely scrambling around as new evidence shows mystery businessman Wayne Hansen’s ties to Chevron emerge, and as Ecuador’s Attorney General calls for an investigation into Chevron's actions. Yesterday Chevron was busted for denying any connection to Wayne Hansen. Evidence emerged that, in fact, Wayne Hansen may have worked for a consulting firm that lists Chevron as a client - evidence that Chevron refused to disclose when they released their media fireworks campaign around the gifted Sky Mall spy videos.

As suspicious as that all seems, it isn’t the news that really caught my eye. News that Chevron continues to hide Diego Borja, or that it paid for his relocation, or the fact he recently worked for Chevron, as did another family member, isn't what caught my eye either.

The news that was most interesting was that Chevron’s lead spokesperson, Kent Robertson, said in an interview with Bloomberg yesterday that if Wayne Hansen “incurs future legal costs related to this matter, it would only be fair that we consider assisting him".

Hmm. One, this implies Hansen and Borjave may have broke the law and that charges may be brought against Chevron’s filmmakers (presumably for bribery, fraud, who knows what - I don’t have my legal crystal ball).

Two, Chevron is supporting, financially and otherwise, men who may be charged in an international bribery scheme that they recorded themselves. A scheme that highlights the continued efforts to further delay Chevron’s $27 billion lawsuit.

Chevron did a nice job creating a public relations blitz (well they ought to considering the army of PR firms they have, but regardless…credit where credit’s due).

However, unfortunately you can spin a media story, but you can’t spin an investigation.

– Nick

Nick Magel is Communications Manager at Amazon Watch. Prior to joining Amazon Watch, Nick was Director of the Freedom From Oil campaign at Global Exchange. Nick’s critiques of the US oil addiction have run in The New York Times, USA Today, and San Francisco Chronicle. Previously, Nick had worked on campaigns to stop new liquefied natural gas infrastructure on the west coast and developed climate based curricula for classrooms across the country. He received his MA in education from Lesley University.

Wednesday, September 9, 2009

American Businessman Wayne Hansen Has Ties to Chevron in Bribery Scheme, Investigation Finds

New Information Contradicts Earlier Claim by Oil Giant As Questions Grow About Chevron’s Own Role

Chevron Refuses to Make Key Witnesses Available; Refuses to Release Second Video to Public; Refuses to Disclose Details of Payments to Contractor

Washington, DC (September 9, 2009) – American businessman Wayne Hansen, who secretly made a video recording which implicates himself and a Chevron contractor in a bribery scheme related to the company’s $27 billion liability in Ecuador, is connected to a consulting firm that lists Chevron as a client and may have his legal fees paid by the oil giant, according to news reports and a spokesperson for the rainforest communities suing the company.

Chevron’s ties to Hansen directly contradict repeated assertions by Chevron lawyers and spokespersons that the company has no relationship to the American businessman, said Karen Hinton, a spokesperson for the indigenous and farmer communities suing the oil company in Ecuador.

“Chevron needs to answer several critical questions to clarify its own role in these events, and it also needs to explain why it has not previously disclosed its connection to Hansen. If this is not the Wayne Hansen who recorded the tapes that Chevron put on YouTube and released widely to the news media, then Chevron should identify who the real Wayne Hansen is,” said Hinton.

Hansen has dropped out of sight since the scandal erupted last Monday when Chevron posted the videos shot by Hansen and a former Chevron contractor, Diego Borja, on YouTube. The videos show Hansen and Borja secretly filming themselves and other persons with hidden cameras discussing a bribery scheme in which Hansen would apparently be the beneficiary of a environmental clean-up contract should Chevron lose the case.

Chevron’s ties to Hansen raise further questions about whether the company in any way facilitated the bribery scheme to undermine the 16-year litigation on the eve of a final judgment, which was expected within weeks, said Hinton. The judge in the trial, Juan Nunez, recused himself last week so Ecuadorian authorities could investigate the matter. He was immediately replaced by a new judge from the same court.

The case is taking place in Ecuador at Chevron’s request after it was initially filed in the U.S. Texaco (now Chevron) is accused in the suit of deliberately dumping more than 18 billion gallons of toxic waste into Amazon waterways when it operated a large oil concession from 1964 to 1990, creating what some experts believe is the worst oil-related contamination on earth. In 2008, a court-appointed Special Master and team of technical experts found damages could be as high as $27.3 billion.

The revelations about Hansen add to a growing list of questions about inaccuracies in the videotapes and inconsistencies between Chevron’s assertions and known facts.

Bloomberg News is reporting that Hansen – who has not been available for questioning -- has apparently hired an American lawyer. Chevron spokesperson Kent Robertson said in the news article that the oil company “is considering” paying his legal fees.

See the Bloomberg article: http://www.bloomberg.com/apps/news?pid=newsarchive&sid=azwOVWeGukJI

Further, Hansen’s biography obtained on the Internet identifies him as the former Chief Mechanical Engineer and Director of Energy Engineering at RJM Associates, which lists Chevron as a client. The owner of that company, Richard Miller, has longtime ties to Texaco and started his career with the company in 1967 -- coincidentally the same year Texaco dug its first well in Ecuador’s Amazon. Chevron has failed to disclose its connection to Hansen in any of its press materials.

See the following links, and attached are screenshots of these links. Hansen bio: http://www.eicconsultants.com/seminars/presenters/hansen.htm RJM Associates web site: http://www.rjmanda.com/

Other key questions remain that only Chevron can answer, Hinton said. These include whether Chevron or any of its officials – including those in its legal office in Quito -- orchestrated the bribery scheme. Ecuadorian authorities are expected to focus on this question as well as the role of Judge Nunez.

Additional questions appear to contradict Chevron’s version of events:

• Chevron claims there were two hidden cameras – yet Chevron has released only one video to the media, suggesting the two tapes were spliced together. Chevron has refused to release the second videotape or explain how the tapes were edited.

• Chevron claimed it received the videotapes in early June, yet the fourth meeting – the only meeting where a bribe was discussed – took place on June 15 and emails about the scheme were exchanged by Borja in late June well after Chevron claims it learned of the activities. Chevron’s legal department needs to disclose any contacts Chevron officials had with any participant in the final meeting and whether Chevron officials scripted or in any way influenced that meeting.

• Chevron also has refused to fully explain its relationship to Borja. Chevron has not disclosed how much money it paid to Borja, any other assistance it has given him, when the company first had contact with him, and whether its Ecuadorian legal team directed or otherwise influenced his actions. In its initial press materials, Chevron did not disclose that Borja worked for the company as late as March of this year during the environmental trial in Ecuador.

Andrew Woods, an American legal advisor to the plaintiffs, also said it is clear from the videotapes that Chevron’s contractor Borja taped himself offering a bribe for a remediation contract – a fact which may have violated U.S. criminal laws, including the Foreign Corrupt Practices Act, if indeed Borja was acting on behalf of Chevron or any other American entity.

Lawyers for the Amazonian communities are urging U.S. authorities to fully investigate the facts surrounding the videos given that many of the witnesses from Chevron are in the U.S., and that Chevron itself has continually criticized the Ecuadorian government for being biased against it in the trial and thus would not accept any findings that did not comport with its wishes, said Hinton. Already, Ecuador’s national prosecutor and Judicial Council have launched separate investigations into Chevron’s allegations.

On Saturday, the Los Angeles Times – the largest daily newspaper in Chevron’s home state of California -- published an editorial calling for the company to be included in any investigation of the facts surrounding the bribery scandal. It also concluded it was unclear from the videotapes if Judge Nunez is even implicated, as Chevron also repeatedly claims in its recent press materials.

Lawyers for the plaintiffs said they did not expect the trial to be affected in a significant way by the recusal, particularly since the vast majority of the evidence – including 100% of the evidence used by the Special Master to assess damages – had already been presented to the court before Judge Nunez took over as presiding judge.

– Nick

Nick Magel is Communications Manager at Amazon Watch. Prior to joining Amazon Watch, Nick was Director of the Freedom From Oil campaign at Global Exchange. Nick’s critiques of the US oil addiction have run in The New York Times, USA Today, and San Francisco Chronicle. Previously, Nick had worked on campaigns to stop new liquefied natural gas infrastructure on the west coast and developed climate based curricula for classrooms across the country. He received his MA in education from Lesley University.

Saturday, September 5, 2009

Sex, Lies, and Videotape: Chevron’s Spy Games Unraveling

Update: Judge Nunez has decided to recuse himself from the trial in order to clear the path for the legal proceedings to continue uninterrupted. read the statement HERE

Okay, in the interest of full disclosure, there’s no sex [fortunately]. But there’s a whole lot of deceit, and some well edited videotape. It’s a scandal all right, but not quite like Chevron would have us think. Days after the company revealed the bombshell “evidence” that allegedly implicates Ecuadorian government officials and the judge presiding over the landmark Aguinda v. Chevron environmental lawsuit in a bribery scheme, the company’s spy game is rapidly falling apart. Can you say ‘third rate burglary’?

Chevron released four secretly recorded video excerpts online Monday, which it claims to show judicial misconduct and alleged bribery schemes implicating high ranking government officials--including the President of Ecuador Rafael Correa himself, and his sister. Individuals are heard on the tapes talking about a bribery scam to score lucrative contracts to clean up the contaminated Ecuadorian rainforest if a verdict is handed down against the company. And the judge is heard off camera, appearing to say that Chevron is the guilty party. Damning!

Problem is, given the overwhelming scientific evidence against the company, a potential $27 billion judgment possibly a month out, and Chevron’s chronic corruption and delay tactics in the case, news of the “scandal” was seen by many as a fourth-quarter Hail Mary, if not something more sinister. And, as suspected, once the hard questions started being asked, the videos examined, the judge and Ecuadorian government officials questioned, the videos reveal what they truly are: an ol’ fashion set up.

According to the New York Times, “It was not clear from the recordings and transcripts provided by Chevron, however, whether any bribes discussed in the recordings were actually paid or whether Judge Núñez was even aware of plans to try to bribe him. The tapes also did not demonstrate whether the president’s sister was aware of the scheme or had participated in it.”

The questionable timing of the video release, as well as the identities and conduct of those that appear, has Time Magazine asking the question, “Evidence of a Fix, or Video Entrapment?”

The Set up: Chevron’s Accomplices

In the videos, Judge Juan Nuñez is seen talking to two men, Diego Borja and Wayne Hansen. Hansen, with his broken Spanish, asks the judge leading questions, appears to offer a bribe, and attempts to force the Judge to reveal prematurely how he plans to rule. As Time reporter Stephan Kuffner describes, “Nuñez appears to be merely explaining to them the judicial process involved in the Chevron suit.”

The San Francisco Chronicle reports: “The closest the conversation comes to the suggestion of bribery happens when Hansen at one point abruptly asks the judge, "Do you want part of, of my contract?"

The judge responds, "I don't have anything to do with that." Then Hansen appears to correct himself, and says he's talking about money that would go to the government, not the judge.

Borja and Hansen also ask him several times whether he will rule against Chevron, and he repeatedly tells them they must wait for the verdict to find out.”

Hansen again repeats the same leading question in broken Spanish regarding Chevron’s guilt. Nuñez, off camera, shuffling papers and ushering them out of the room, responds ‘si’, which appears to be more of a courtesy conversation ender to two people that have overstayed their welcome, than Chevron’s smoking gun evidence of a premature judgment.

Nuñez spoke to reporters, saying: "Never, never, never have I said that it will go against" Chevron, the judge said. "They asked me if a sentence would come out. I said, 'Yes sir, a sentence will come out.' For or against? I have never said anything."

But who are these set up men? Other than perhaps being the only two people to have ever bought anything out of a Sky Mall catalog [according to Chevron, the videos were recorded with “Sky Mall, Spyer Agent Watch” (Borja), and “Sky Mall, Spy Pen” (Hansen)], they’re dubious characters with a clear agenda.

As Time reports, “Although Chevron insists it had no part in the secret videotaping, it turns out Borja has worked for the company as a logistics contractor.” Indeed. Borja worked for Chevron as recently as March when he assisted the company in eight judicial inspections. And, according to a Bloomberg article, Borja has fled to the U.S., with all expenses paid for by Chevron.

Not much is known about Wayne Hansen, except that he is an “American businessman.” But here’s the catch: the Foreign Corrupt Practices Act (FCPA). The FCPA forbids any U.S. citizen from attempting to bribe a foreign official. So, first of all, Hansen, if he indeed is interested in securing a clean up contract for his company (something the judge resists time and time again and explains that it is not his decision), is involved in something highly illegal.

Secondly, most people, when involved in a crime, don’t videotape themselves carrying it out. Unless of course, the crime that you’re actually committing is attempting to entrap a judge and thwart a legal case where the U.S.’s second largest corporation faces overwhelming evidence against it and a potential $27 billion liability that has shareholders and senior management shaking in its boots. Then, you videotape it. Either because it’s a well thought out, Machiavellian sting operation designed by the company, or because you are hoping to get a pretty penny from Chevron for your “services.”

Hansen, like Borja, has also disappeared into the Chevron Protection Program™, and is nowhere to be found.

And the “government officials” shown orchestrating this scheme from party headquarters? They haven’t been members of the President’s political party (who they claim to represent) for years.

After obtaining the videos, Chevron held onto them for over two months before making them public—plenty of time to cut and splice the footage, potentially leaving the truth on the edit room floor. Chevron’s senior council Charles James claims the delay was so Chevron could carry out “due diligence” in verifying and “preserving” them. However, the Ecuadorian government and Judge Nunez accuse Chevron of altering the tapes.

These kinds of tactics are par for the course for Chevron. Chevron has successfully delayed a key judicial inspection by falsifying a military report, and these most recent videos come out one week before the Premiere on “Crude”. It’s a move out of the same playbook Chevron used to produce and distribute a phony “news report” on the case the same time as a telling 60 Minutes report. But these videos are beyond the pale, and smell of the work of Hill and Knowlton, just one three PR firms the company has on retainer. Hill and Knowlton has a long and rich history in deceiving the public on behalf of industry giants and governments in crisis with a lot to lose, like Big Tobacco and the government of Kuwait on the eve of the first Iraq war.

At the end of the day, these videos don’t change the merits of the case—that in Ecuador’s rainforest, thousands of indigenous peoples and farmers have no clean water to drink due to Chevron’s dump and run oil operations, and continue to suffer through an unbearable health crisis on a daily basis. As the case concludes over the next few months, let’s hope the company’s aversion to justice and responsibility doesn’t lead to even greater nefarious acts.

To learn more on the 16 year legal case against Chevron in Ecuador and the campaign to hold them accountable visit www.chevrontoxico.org.

Make sure to go see the film “Crude”, in a theater near you, and see for yourself the back-story that makes Chevron stoop to unbelievable lows.

– Kevin

Kevin Koenig is Amazon Watch's Northern Amazon Program Coordinator. Kevin lives and works Ecuador and has spent extensive time on the ground with affected communities and partner NGOs. Prior to joining Amazon Watch, Kevin worked as the Ecuador researcher/organizer with the Rainforest Action Network as part of the Beyond Oil Campaign. At that time, he lived and worked in Ecuador for nearly four years, collaborating with indigenous and environmental NGOs on oil and gas issues.

Thursday, September 3, 2009

Chevron's 'Dirty Tricks Operation' in the Amazon

Re-posted from Huffington Post:

If you can't win the argument, change the subject.

That seems to be oil giant Chevron's strategy, as it battles a lawsuit for massive contamination of the Ecuadorian Amazon.
 After 16 years in litigation, a monumental environmental lawsuit by 30,000 indigenous people and campesinos against Chevron appears to be drawing to a close. The oil company has publicly said that it expects to be found liable for up to $27 billion in damages for what has become known as the 'Amazon Chernobyl.' And in less than a week, a high-profile documentary film about the case- acclaimed filmmaker Joe Berlinger's CRUDE- comes out in U.S theaters.

And so, time to change the subject. Ready for Chevron's 'September Surprise?'

On Monday, Chevron breathlessly declared that it had video footage implicating the judge presiding over the trial in a "$3 million bribery scheme."


Except it didn't.

The company instead revealed videos showing a former Chevron contractor named Diego Borja and an American businessman named Wayne Hansen, who appear to be trying fruitlessly to entrap the presiding Judge, Juan Nuñez. Borja and Hansen secretly shot the videos themselves using a spy-camera pen and watch they bought in a catalog.

As The San Francisco Chronicle reports:

The closest the conversation comes to the suggestion of bribery happens when Hansen at one point abruptly asks the judge, "Do you want part of, of my contract?" The judge responds, "I don't have anything to do with that." Then Hansen appears to correct himself, and says he's talking about money that would go to the government, not the judge. Borja and Hansen also ask him several times whether he will rule against Chevron, and he repeatedly tells them they must wait for the verdict to find out. These excerpts are from Chevron's transcript. Hansen: They've been the guilty party for more than many years, right? Nuñez: You'll see that, sir. What you want to find out is whether it's going to be guilty or not, I'm telling you that I can't tell you that, I'm a judge, and I have to tell you in the ruling, not right now.
The Chronicle article continues:
But as Nuñez prepares to leave the meeting, Hansen asks him again. Hansen: Oh, no, I, I know clearly how it is, you say, Chevron is the guilty party. Nuñez: Yes, sir.

A ha! He said yes! He said yes! Gotcha! Predetermination! Corruption! Disqualification!

Except that if you watch the video, Hansen's tortured Spanish statement about Chevron being el culpable - the guilty party- comes as people are shuffling papers and preparing to leave the room. It's not at all clear who the judge is answering or speaking affirmatively to. You can't see the judge when you hear his muffled "yes, sir" and one gets the sense that he's just trying to finish up this meeting that he apparently attended as a favor to an acquaintance.

And that's Chevron's smoking gun -- the judge's single, hardly intelligible, and un-directed "yes, sir" at the end of a meeting at which he has repeatedly said that he cannot predict his verdict.

2009-09-03-nunez.jpg
As the oil giant's PR flacks and executives worked up a sweat fanning the flames of its contrived controversy, the judge defended himself to the Associated Press:
"Never, never, never have I said that it will go against" Chevron, the judge said. "They asked me if a sentence would come out. I said, 'Yes sir, a sentence will come out.' For or against? I have never said anything."

The "bribery plot" Chevron trumpets in its press release has nothing to do with the judge or the court, and instead centers around a separate meeting at which the former Chevron contractor and American businessman discuss payments to a single, excitable man who claims to be connected to Ecuador's ruling party, for access to government contracts for remediation of Chevron's contamination.

In fact, the whole episode raises more troubling questions about Chevron than about the judge or Ecuador's judicial process that the company has spent so much time impugning. 

Chevron denies it had anything to do with soliciting or supporting the apparent sting operation by the former logistics contractor for the company. But Chevron executives have had the video since June, and didn't notify any Ecuadorian or American authorities in advance of its media blitz. Chevron also admits that it paid for the relocation of the former Chevron contractor and his family to the U.S., and has provided other "interim support." Even more suspicious is the fact that Chevron has not allowed reporters covering the story to speak to its former contractor, or the American businessman for whose benefit the meetings were set up.



Steven Donziger, an American lawyer who advises the Amazonian communities in the lawsuit, says it "reeks of a Nixon-style dirty tricks operation and Chevron's fingerprints are all over it."

For years, the company has been losing the argument, so it changes the subject:

"There is no contamination. But if there is contamination, it's not dangerous. And if it is dangerous, it's not ours. And if it's ours, uh, uh... Corruption! Extortion! Defamation! Left-wing tyranny!"

This specious "bribery plot" is Chevron's latest attempt to change the subject and delay the ruling in the case.


Nothing that Chevron presents in the videos alters the underlying facts of the case. 30,000 indigenous people and campesinos living in the Ecuadorian Amazon continue to suffer a severe public health crisis, including an epidemic of cancer, miscarriages, birth defects, and other ailments. The formerly pristine rainforest and Amazon waterways have been poisoned. And it is due to the fact that the oil company operated using substandard practices that were obsolete in order to increase its profit margin by $3 per barrel.

But you don't have to take my word for it.

Go see the new documentary film CRUDE, and judge for yourself. The film looks at the unprecedented legal battle in the Amazon from all sides. Besides raving about how thrilling and gripping it is, reviewers have praised CRUDE for its "balance," "depth," "intellectual honesty," and "even-handed manner."

Unfortunately for Chevron, the truth has a way of bubbling to the surface, like crude in the steamy jungles of Ecuador.


CRUDE opens in New York on September 9th, followed by Los Angeles, San Francisco, and about thirty more cities across the country. Click here to see when it's coming to a theater near you and visit www.ChevronToxico.com to learn more about Amazon Watch's Clean Up Ecuador Campaign.

– Han

Born and raised in Baltimore, Han Shan is a human rights and environmental justice campaigner living in New York City. He is currently serving as a coordinator of the Clean Up Ecuador campaign for Amazon Watch.