The Government of Ecuador launched an international campaign called "The Dirty Hand of Chevron" to defend itself against smear campaigns by Chevron-Texaco over environmental damage caused by the company in Ecuador. Chevron-Texaco operated in Ecuador from 1964-1990, extracting millions of barrels of oil without proper waste disposal techniques, causing serious pollution of the Amazon region. Despite this, Chevron-Texaco refuses to acknowledge responsibility and tries to blame the Ecuadorian state. Affected citizens have sued Chevron-Texaco, with the court ruling in 2011 that Chevron must pay $9.6 billion for damages, later increased to $19 billion which Chevron refuses to pay. Chevron is also suing Ecuador over
The document discusses the Chevron-Texaco case in Ecuador regarding environmental damage caused by oil extraction from 1965 to 1990. It summarizes the key findings of the 2011 court decision that fined Chevron $9.5 billion for failing to follow proper environmental standards and dumping toxic waste in the Amazon region. The document also discusses other cases of corporations being held liable for environmental damage through court cases or legislation.
The document summarizes the Chevron V.S. Ecuador case involving environmental damage caused by Texaco in the Ecuadorian Amazon from 1964-1992. It provides background on Ecuador's economy and exports, including its transition from bananas to oil. It describes the pollution left by Texaco and its impact on indigenous groups like the Huaorani. It outlines the $9.5 billion judgment against Chevron in Ecuador and Chevron's allegations of fraud and bribery in the case. It discusses Judge Kaplan's ruling against lead plaintiff attorney Steven Donziger for racketeering charges related to the case.
J. Martinez-Alier ENVIRONMENTAL LIABILITIES OF TRANSNATIONAL COMPANIES: The C...environmentalconflicts
The document discusses the Chevron Texaco case in Ecuador, in which an Ecuadorian court found Chevron liable for $9.5 billion in damages resulting from oil extraction activities from 1965-1990. It contaminate land and waterways and negatively impacted human health. The court's decision was based on evidence from local residents and studies of increased health issues near oil infrastructure. The ruling aims to help fund cleanup efforts and address health and cultural damages to indigenous groups. The document also discusses other cases of companies being held liable for environmental damages, and debates around accounting for such costs.
The document discusses conservation versus oil extraction in Yasuní National Park in Ecuador. It presents information on Ecuador's biodiversity and cultural diversity. It then discusses Ecuador's current economic situation and dependence on oil. It introduces the dilemma of whether to allow oil extraction in the ITT block of Yasuní National Park or leave the oil in the ground to protect the park's exceptional biodiversity. The document outlines a quantitative model to evaluate the costs and benefits of each option.
This document discusses the debate around drilling for oil in the Arctic National Wildlife Refuge (ANWR) in Alaska. It explores both sides of the issue, looking at arguments for and against drilling. Supporters argue that drilling could provide needed oil and revenue for Alaska. However, others argue that even environmentally-friendly drilling would damage the pristine wilderness and could negatively impact wildlife like the Porcupine caribou herd that Native Alaskan cultures depend on for subsistence. Ultimately the document concludes that the risk of damaging indigenous cultures or the refuge's untouched character means drilling should not proceed.
The document summarizes the debate around oil development in the Yasuni ITT region of the Ecuadorian Amazon rainforest. It analyzes the economic benefits of extracting oil from the region versus preserving the environment and indigenous communities. While oil extraction could generate $14.36 billion in profits for Ecuador, it would also destroy 127,400 hectares of forest habitat and negatively impact the livelihoods of the indigenous tribes living in the area. The document argues that Ecuador has not historically seen increases in living standards from oil revenues due to mismanagement, and the indigenous tribes cannot be properly compensated for loss of their land and way of life. Overall, the economic benefits of extraction may come at unacceptably high social and environmental costs
Tribes have sovereignty and regulatory authority over environmental resources on their lands through treaties, statutes, and a trust relationship with the federal government. This includes the authority to set water quality standards, issue permits, and enforce environmental laws. A landmark 2007 ruling found the State of Washington violated treaties by building and maintaining culverts that blocked salmon migration, highlighting tribes' authority over habitat protection. The decision may require states and others to remediate blocked culverts.
The document discusses the Chevron-Texaco case in Ecuador regarding environmental damage caused by oil extraction from 1965 to 1990. It summarizes the key findings of the 2011 court decision that fined Chevron $9.5 billion for failing to follow proper environmental standards and dumping toxic waste in the Amazon region. The document also discusses other cases of corporations being held liable for environmental damage through court cases or legislation.
The document summarizes the Chevron V.S. Ecuador case involving environmental damage caused by Texaco in the Ecuadorian Amazon from 1964-1992. It provides background on Ecuador's economy and exports, including its transition from bananas to oil. It describes the pollution left by Texaco and its impact on indigenous groups like the Huaorani. It outlines the $9.5 billion judgment against Chevron in Ecuador and Chevron's allegations of fraud and bribery in the case. It discusses Judge Kaplan's ruling against lead plaintiff attorney Steven Donziger for racketeering charges related to the case.
J. Martinez-Alier ENVIRONMENTAL LIABILITIES OF TRANSNATIONAL COMPANIES: The C...environmentalconflicts
The document discusses the Chevron Texaco case in Ecuador, in which an Ecuadorian court found Chevron liable for $9.5 billion in damages resulting from oil extraction activities from 1965-1990. It contaminate land and waterways and negatively impacted human health. The court's decision was based on evidence from local residents and studies of increased health issues near oil infrastructure. The ruling aims to help fund cleanup efforts and address health and cultural damages to indigenous groups. The document also discusses other cases of companies being held liable for environmental damages, and debates around accounting for such costs.
The document discusses conservation versus oil extraction in Yasuní National Park in Ecuador. It presents information on Ecuador's biodiversity and cultural diversity. It then discusses Ecuador's current economic situation and dependence on oil. It introduces the dilemma of whether to allow oil extraction in the ITT block of Yasuní National Park or leave the oil in the ground to protect the park's exceptional biodiversity. The document outlines a quantitative model to evaluate the costs and benefits of each option.
This document discusses the debate around drilling for oil in the Arctic National Wildlife Refuge (ANWR) in Alaska. It explores both sides of the issue, looking at arguments for and against drilling. Supporters argue that drilling could provide needed oil and revenue for Alaska. However, others argue that even environmentally-friendly drilling would damage the pristine wilderness and could negatively impact wildlife like the Porcupine caribou herd that Native Alaskan cultures depend on for subsistence. Ultimately the document concludes that the risk of damaging indigenous cultures or the refuge's untouched character means drilling should not proceed.
The document summarizes the debate around oil development in the Yasuni ITT region of the Ecuadorian Amazon rainforest. It analyzes the economic benefits of extracting oil from the region versus preserving the environment and indigenous communities. While oil extraction could generate $14.36 billion in profits for Ecuador, it would also destroy 127,400 hectares of forest habitat and negatively impact the livelihoods of the indigenous tribes living in the area. The document argues that Ecuador has not historically seen increases in living standards from oil revenues due to mismanagement, and the indigenous tribes cannot be properly compensated for loss of their land and way of life. Overall, the economic benefits of extraction may come at unacceptably high social and environmental costs
Tribes have sovereignty and regulatory authority over environmental resources on their lands through treaties, statutes, and a trust relationship with the federal government. This includes the authority to set water quality standards, issue permits, and enforce environmental laws. A landmark 2007 ruling found the State of Washington violated treaties by building and maintaining culverts that blocked salmon migration, highlighting tribes' authority over habitat protection. The decision may require states and others to remediate blocked culverts.
The document summarizes the Chevron V.S. Ecuador case involving environmental damage caused by Texaco in the Ecuadorian Amazon from the 1960s to early 1990s. It provides background on Ecuador's economy and exports, including its transition from bananas to oil. It describes the class action lawsuit filed by indigenous groups against Texaco in 1993 and Chevron's subsequent denial of responsibility. The document outlines evidence of fraud and bribery in the $9.5 billion judgment against Chevron in Ecuador, and the overturning of this ruling by a US judge who found Steven Donziger guilty of racketeering. The dispute over pollution cleanup and damages continues between Ecuadorean plaintiffs and Chevron.
Chevron systematically lies about the extensive environmental damage caused by its subsidiary Texaco in Ecuador, denying responsibility and blaming others while communities continue to suffer impacts from contaminated water and land. The Ecuadorian government presented testimony at the UN detailing the impacts of Texaco's oil operations and Chevron's ongoing denial and deception regarding its legal and environmental responsibilities. Chevron uses misinformation to mislead people about legal rulings and agreements regarding environmental liability.
III. The Story of Aguinda v. TexacoA. Oil in Ecuador – Prel.docxwilcockiris
III. The Story of Aguinda v. Texaco
A. Oil in Ecuador – Prelude to a Lawsuit
Though petroleum exploration in Ecuador dates back to 1878,[footnoteRef:1] this story truly began in 1964 when a fourth level subsidiary of Texaco, Texaco Petroleum Co. (TexPet), and Gulf Oil Co (Gulf), entered into a twenty-eight year agreement with the Ecuadorian government to explore for, and produce, oil across three and a half million acres of land[footnoteRef:2] in the northern Oriente region.[footnoteRef:3] Though the area had largely been looked over by other oil companies, TexPet struck its first producing well early in 1967, which spewed almost 3,000 barrels in its first day.[footnoteRef:4] With the oil and resultant money flowing, the terms of the agreement were modified in 1974, when a relatively new law resulted in a state oil company, known as PetroEcuador today, assumed a 25% ownership stake in the venture.[footnoteRef:5] During the remaining period of the partnership, TexPet maintained a 37.5% ownership stake in the oil exploration and production venture, with Gulf Oil and PetroEcuador owning the rest. Gulf Oil relinquished its ownership interest to PetroEcuador in 1976 in exchange for $82.1 million.[footnoteRef:6] Though they were now the minority owner, Texaco remained the principal operator of the production operations until 1990,[footnoteRef:7] when TexPet transferred operational control to Petroamazona, a subsidiary of PetroEcuador.[footnoteRef:8] TexPet then relinquished its ownership stake in 1992, leaving PetroEcucador as the 100% owner and operator going forward. [1: Texaco, Inc. Texaco in Ecuador: Background on Texaco Petroleum Company’s Former Operations in Ecuador, http://www.texaco.com/sitelets/ecuador/en/history/background.aspx (last visited May 31, 2014).] [2: Book at 15] [3: See Aguinda v. Texaco, 303 F.3d 470, 473 (2nd Cir. 2001); Supra note 3.] [4: Book at 16] [5: Luciene J. Dhooge, Aguinda v. ChevronTexaco: Mandatory Grounds for the Non-Recognition of Foreign Judgments for Environmental Injury in the United States, 19 J. of Transnat. L. & Pol’y 1,5 (Fall 2009) (citing Republic of Ecuador v. ChevronTexaco Corp., 376 F. Supp. 2nd 334, 340 (S.D.N.Y. 2005). ] [6: Id. at 5 (citing Judith Kimerling, Indigenous Peoples and the Oil Frontier in Amazonia: The Case of Ecuador, ChevronTexaco and Aguinda v. Texaco, 38. N.Y.U. J. Int’l L. &. Pol’y 413, 420 n. 17 (2006)).] [7: Id. at 5 (citing Republic of Ecuador, 376 F. Supp. 2nd at 340-41).] [8: Id. ]
B. Ecuadorian Fallout Comes to the United States
In 1993, just a year after TexPet’s exit from Ecuador, a class action lawsuit, Aguinda v. Texaco, was filed in the Southern District of New York against its parent company, Texaco, Inc. The complaint alleged, generally, that Texaco’s “negligent, reckless, intentional and outrageous acts” have caused “property damage, personal injuries, increased risk of cancer and other diseases.”[footnoteRef:9] Specifically, they alleged .
The following documents were submitted by the Republic of Ecuador to the international arbitration hearing the case between Chevron/Texaco and the Republic. These documents further show the impact of Chevron/Texaco’s decades’ long oil pollution on the people of Ecuador.
Case 2.Texaco in the Ecuadorean Amazon__________________________.docxtidwellveronique
Case 2.Texaco in the Ecuadorean Amazon______________________________
Ecuador is a small nation on the northwest coast of South America. During its 173-year history, Ecuador has been one of the least politically stable South American nations. In 1830 Ecuador achieved its independence from Spain. Ecuadorean history since that time has been characterized by cycles of republican government and military intervention and rule. The period from 1960 to 1972 was marked by instability and military dominance of political institutions. From 1972 to 1979 Ecuador was governed by military regimes. In 1979 a popularly elected president took office, but the military demanded and was granted important governing powers. The democratic institutional framework of Ecuador remains weak. Decreases in public sector spending, increasing unemployment, and rising inflation have hit the Ecuadorean poor especially hard. World Bank estimates indicate that in 1994, 35 percent of the Ecuadorean population lived in poverty, and an additional 17 percent were vulnerable to poverty.
The Ecuadorean Amazon is one of the most biologically diverse forests in the world and is home to an estimated 5 percent of Earth’s species. It is home to cicadas, scarlet macaws, squirrel monkeys, freshwater pink dolphins, and thousands of other species. Many of these species have small populations, making them extremely sensitive to disturbance. Indigenous Indian populations have lived in harmony with these species for centuries. They have fished and hunted in and around the rivers and lakes; and they have raised crops of cacao, coffee, fruits, nuts, and tropical woods in chakras, models of sustainable agroforestry.
Ten thousand feet beneath the Amazon floor lies one of Ecuador’s most important resources: rich deposits of crude oil. Historically, the Ecuadorean government regarded the oil as the best way to keep up with the country’s payments on its $12 billion foreign debt obligations. For 20 years American oil companies, led by Texaco, extracted oil from beneath the Ecuadorean Amazon in partnership with the government of Ecuador. (The United States is the primary importer of Ecuadorean oil.) They constructed 400 drill sites and hundreds of miles of roads and pipelines, including a primary pipeline that extends for 280 miles across the Andes. Large tracts of forest were clear-cut to make way for these facilities. Indian lands, including chakras, were taken and bulldozed, often without compensation. In the village of Pacayacu the central square is occupied by a drilling platform.
Officials estimate that the primary pipeline alone has spilled more than 16.8 million gallons of oil into the Amazon over an 18-year period. Spills from secondary pipelines have never been estimated or recorded; however, smaller tertiary pipelines dump 10,000 gallons of petroleum per week into the Amazon, and production pits dump approximately 4.3 million gallons of toxic production wastes and treatment chemicals into th ...
BP Oil Spill and if the BP Oil Spill had happened in India and Comparative study between India and States with respect to Oil SpillBP Oil Spill .What if the BP Oil Spill had happened in India and Comparative study between India and States with respect to Oil Spill.
The document provides details about the 2010 BP oil spill in the Gulf of Mexico. It describes:
- The spill was the largest accidental spill, releasing millions of barrels of oil over months and killing wildlife and affecting livelihoods.
- Investigations found BP and its partners were negligent by underestimating the spill size and having inadequate response plans.
- BP faced billions in fines and penalties under the Clean Water Act and Oil Pollution Act for environmental damages.
- The case highlighted deficiencies in regulations and response capabilities for oil spills, especially large deepwater spills.
The document discusses the Nairobi Wreck Removal Convention and its impact on shipping operations and liability. It summarizes that the convention aims to clarify responsibilities and require insurance for wreck removal, addressing gaps in previous laws. It analyzes key aspects of the convention including expanded definitions of hazards and interests, mandatory insurance for ships over 300 tons, and placing liability on registered owners. The convention establishes uniform international standards for prompt wreck removal in areas beyond territorial waters.
Latin American Social Movements Midterm Presentationlucemeghan
Chevron operated in Ecuador's Amazon rainforest from 1964-1990, using flawed extraction methods that caused extensive environmental damage. This included dumping over 18 million gallons of toxic waste and abandoning 900 waste pits, resulting in widespread pollution. Indigenous groups have faced health problems and lost ancestral lands as a result. A coalition of Ecuadorian citizens and Indigenous groups have fought Chevron for over 15 years in court to demand cleanup and reparations. After years of litigation, some progress has been made through court rulings and government support, but full justice will take many more years.
This document is a supplemental declaration by Fabián Andrade Narváez, an expert on Ecuadorian law, responding to reports submitted by Chevron's experts in an arbitration between Chevron and Ecuador. Andrade addresses several issues raised in those reports, providing analysis of relevant Ecuadorian law and concluding that: (1) Chevron's experts are incorrect that all related companies must be joined in an action to pierce the corporate veil; (2) Ecuadorian law establishes a presumption of liability for hazardous activities like oil operations; (3) the judgment did not award extra petita damages; and (4) Chevron's fraud allegations can only be addressed through an action under Ecuador's Collusive Prosecution Act,
Chevron wins big in high profile commercial arbitration caseShahram Shirkhani
Commercial arbitration is a legal path to resolve a dispute that can possibly arise from agreements or contracts. Know how Chevron won big in its arbitration case
This summarizes a document reviewing environmental law cases from 2009-2010. It discusses three cases:
1) Fresh Meadow Food Serv., LLC v. RB 175Corp. upheld a RICO claim against a defendant who concealed underground storage tanks and contaminated soil when selling a property.
2) Wickens v. Shell Oil Co. addressed recoverable attorney fees under Indiana's Underground Storage Tank Act.
3) Evansville Greenway & Remediation Trust v. S. Ind. Gas & Elec. Co. concerned the common interest privilege and apportionment of liability under CERCLA. The court applied the privilege to communications between parties working to remediate contaminated sites. It also found CERCLA
Public Contracts between state and companies concerning exploration & product...Fotios N. Zachopoulos
The legal framework for Oil and Gas in Cyprus is an amalgamation of European Union Law[4] and International Law. As a Member State of the European Union (‘EU’), since 2004 and a signatory to the United Nations Convention on the Law of the Sea (UNCLOS) since 1988, Cyprus needs to abide with all the respective obligations prescribed both in EU and International level. Following the regulations stipulated in UNCLOS regarding the delimitation of maritime boundaries, the Republic of Cyprus in 2004 passed a law defining and regulating its Exclusive Economic Zone (‘EEZ’), with The Contiguous Zone Law 2004 and The Declaration of the EEZ Law 2004. These provide that “the Republic has sovereign rights for the purposes of exploring and exploiting, conserving and managing the natural resources of the waters superjacent to the seabed and of the sea bed and its subsoil”. Furthermore, the exploration or exploitation of the non-living resources in the EEZ is subject to the permission of the Council Of Ministers or any other competent authority as designated by law.
On August 11, 2014, the secondary laws implementing the historic Mexican constitutional changes drastically reforming the energy sector, including oil and gas, and electricity, were officially published.
These reforms bring deep changes to the Mexican energy market and huge opportunities for investment.
Given the complexity of the changes, we have prepared a presentation as background for such a discussion, summarizing the context of the reforms and the fundamentals of the new scenario for investors.
Sanchez Devanny Eseverri
Ms. María Gabriela Albuja
WINSTON & STRAWN LLP
1700 K Street, N.W.
Washington, D.C. 20006
U.S.A.
Mr. Ricardo Ugarte
Mr. Bruno D. Leurent
WINSTON & STRAWN LLP
200 Park Avenue
New York, NY 10166
U.S.A.
Mr. Mark Clodfelter
FOLEY HOAG LLP
1875 K Street, N.W.
Washington, D.C. 20006
U.S.A.
UNCITRAL Chevron-Texaco v. Ecuador Final Award 12
The Claimants
Mexico will hold its fourth public bid for oil and gas exploration blocks in 2016. This bid will auction 10 deep-water production blocks located off the coasts of Tamaulipas and Veracruz, Tabasco, and Campeche. Winning bidders will be awarded license contracts to explore and produce hydrocarbons from the blocks for an initial term of 35 years, which can be extended up to a total of 50 years. The bid aims to attract $44 billion in new investment and will follow a similar licensing process to prior bids, requiring bidders to form Mexican companies and meet financial and experience criteria to be prequalified for the auction.
The oil tanker Exxon Valdez ran aground off the coast of Alaska in 1989, spilling 11 million gallons of oil. Photos show the extent of the spill and its impacts on wildlife. Cleanup took 3 years and $2.1 billion. Victims filed lawsuits and were initially awarded $5 billion, but the Supreme Court ultimately reduced this to $500 million. The spill had widespread environmental and economic impacts on Alaska and its residents.
Carbon majors funding loss and damage presentation december 2014Julie-Anne Richards
The moral and legal case for the fossil fuel industry paying for the damage that its products are causing via a fossil fuel extraction levy into the international loss and damage mechanism.
The document discusses the history and development of the Orinoco Oil Belt in Venezuela. It describes how the belt was discovered in the 1930s and exploration began, with exploitation starting in 1961. It outlines the areas that comprise the belt, totaling over 1 trillion barrels of oil reserves across four fields. The document also discusses Venezuela's certification of oil reserves in the belt, with the government aiming to certify 172 billion barrels, and current certified reserves of 296.5 billion barrels under OPEC. It notes joint ventures between PDVSA and private/state companies were established from 2007 onward to develop primary exploration and extraction activities in the belt.
Este boletín mensual del Ministerio de Comercio Exterior de Ecuador presenta estadísticas sobre las exportaciones totales, petroleras y no petroleras del país para los primeros ocho meses de 2013. Las exportaciones totales crecieron un 1% con respecto al mismo periodo del año anterior, mientras que las exportaciones no petroleras aumentaron un 7.57%. Sin embargo, las exportaciones petroleras disminuyeron un 2.11% y las exportaciones industriales decrecieron un 11.32%. El boletín también incluye noticias sobre oportunidades de exportación en mercados como
The document summarizes the Chevron V.S. Ecuador case involving environmental damage caused by Texaco in the Ecuadorian Amazon from the 1960s to early 1990s. It provides background on Ecuador's economy and exports, including its transition from bananas to oil. It describes the class action lawsuit filed by indigenous groups against Texaco in 1993 and Chevron's subsequent denial of responsibility. The document outlines evidence of fraud and bribery in the $9.5 billion judgment against Chevron in Ecuador, and the overturning of this ruling by a US judge who found Steven Donziger guilty of racketeering. The dispute over pollution cleanup and damages continues between Ecuadorean plaintiffs and Chevron.
Chevron systematically lies about the extensive environmental damage caused by its subsidiary Texaco in Ecuador, denying responsibility and blaming others while communities continue to suffer impacts from contaminated water and land. The Ecuadorian government presented testimony at the UN detailing the impacts of Texaco's oil operations and Chevron's ongoing denial and deception regarding its legal and environmental responsibilities. Chevron uses misinformation to mislead people about legal rulings and agreements regarding environmental liability.
III. The Story of Aguinda v. TexacoA. Oil in Ecuador – Prel.docxwilcockiris
III. The Story of Aguinda v. Texaco
A. Oil in Ecuador – Prelude to a Lawsuit
Though petroleum exploration in Ecuador dates back to 1878,[footnoteRef:1] this story truly began in 1964 when a fourth level subsidiary of Texaco, Texaco Petroleum Co. (TexPet), and Gulf Oil Co (Gulf), entered into a twenty-eight year agreement with the Ecuadorian government to explore for, and produce, oil across three and a half million acres of land[footnoteRef:2] in the northern Oriente region.[footnoteRef:3] Though the area had largely been looked over by other oil companies, TexPet struck its first producing well early in 1967, which spewed almost 3,000 barrels in its first day.[footnoteRef:4] With the oil and resultant money flowing, the terms of the agreement were modified in 1974, when a relatively new law resulted in a state oil company, known as PetroEcuador today, assumed a 25% ownership stake in the venture.[footnoteRef:5] During the remaining period of the partnership, TexPet maintained a 37.5% ownership stake in the oil exploration and production venture, with Gulf Oil and PetroEcuador owning the rest. Gulf Oil relinquished its ownership interest to PetroEcuador in 1976 in exchange for $82.1 million.[footnoteRef:6] Though they were now the minority owner, Texaco remained the principal operator of the production operations until 1990,[footnoteRef:7] when TexPet transferred operational control to Petroamazona, a subsidiary of PetroEcuador.[footnoteRef:8] TexPet then relinquished its ownership stake in 1992, leaving PetroEcucador as the 100% owner and operator going forward. [1: Texaco, Inc. Texaco in Ecuador: Background on Texaco Petroleum Company’s Former Operations in Ecuador, http://www.texaco.com/sitelets/ecuador/en/history/background.aspx (last visited May 31, 2014).] [2: Book at 15] [3: See Aguinda v. Texaco, 303 F.3d 470, 473 (2nd Cir. 2001); Supra note 3.] [4: Book at 16] [5: Luciene J. Dhooge, Aguinda v. ChevronTexaco: Mandatory Grounds for the Non-Recognition of Foreign Judgments for Environmental Injury in the United States, 19 J. of Transnat. L. & Pol’y 1,5 (Fall 2009) (citing Republic of Ecuador v. ChevronTexaco Corp., 376 F. Supp. 2nd 334, 340 (S.D.N.Y. 2005). ] [6: Id. at 5 (citing Judith Kimerling, Indigenous Peoples and the Oil Frontier in Amazonia: The Case of Ecuador, ChevronTexaco and Aguinda v. Texaco, 38. N.Y.U. J. Int’l L. &. Pol’y 413, 420 n. 17 (2006)).] [7: Id. at 5 (citing Republic of Ecuador, 376 F. Supp. 2nd at 340-41).] [8: Id. ]
B. Ecuadorian Fallout Comes to the United States
In 1993, just a year after TexPet’s exit from Ecuador, a class action lawsuit, Aguinda v. Texaco, was filed in the Southern District of New York against its parent company, Texaco, Inc. The complaint alleged, generally, that Texaco’s “negligent, reckless, intentional and outrageous acts” have caused “property damage, personal injuries, increased risk of cancer and other diseases.”[footnoteRef:9] Specifically, they alleged .
The following documents were submitted by the Republic of Ecuador to the international arbitration hearing the case between Chevron/Texaco and the Republic. These documents further show the impact of Chevron/Texaco’s decades’ long oil pollution on the people of Ecuador.
Case 2.Texaco in the Ecuadorean Amazon__________________________.docxtidwellveronique
Case 2.Texaco in the Ecuadorean Amazon______________________________
Ecuador is a small nation on the northwest coast of South America. During its 173-year history, Ecuador has been one of the least politically stable South American nations. In 1830 Ecuador achieved its independence from Spain. Ecuadorean history since that time has been characterized by cycles of republican government and military intervention and rule. The period from 1960 to 1972 was marked by instability and military dominance of political institutions. From 1972 to 1979 Ecuador was governed by military regimes. In 1979 a popularly elected president took office, but the military demanded and was granted important governing powers. The democratic institutional framework of Ecuador remains weak. Decreases in public sector spending, increasing unemployment, and rising inflation have hit the Ecuadorean poor especially hard. World Bank estimates indicate that in 1994, 35 percent of the Ecuadorean population lived in poverty, and an additional 17 percent were vulnerable to poverty.
The Ecuadorean Amazon is one of the most biologically diverse forests in the world and is home to an estimated 5 percent of Earth’s species. It is home to cicadas, scarlet macaws, squirrel monkeys, freshwater pink dolphins, and thousands of other species. Many of these species have small populations, making them extremely sensitive to disturbance. Indigenous Indian populations have lived in harmony with these species for centuries. They have fished and hunted in and around the rivers and lakes; and they have raised crops of cacao, coffee, fruits, nuts, and tropical woods in chakras, models of sustainable agroforestry.
Ten thousand feet beneath the Amazon floor lies one of Ecuador’s most important resources: rich deposits of crude oil. Historically, the Ecuadorean government regarded the oil as the best way to keep up with the country’s payments on its $12 billion foreign debt obligations. For 20 years American oil companies, led by Texaco, extracted oil from beneath the Ecuadorean Amazon in partnership with the government of Ecuador. (The United States is the primary importer of Ecuadorean oil.) They constructed 400 drill sites and hundreds of miles of roads and pipelines, including a primary pipeline that extends for 280 miles across the Andes. Large tracts of forest were clear-cut to make way for these facilities. Indian lands, including chakras, were taken and bulldozed, often without compensation. In the village of Pacayacu the central square is occupied by a drilling platform.
Officials estimate that the primary pipeline alone has spilled more than 16.8 million gallons of oil into the Amazon over an 18-year period. Spills from secondary pipelines have never been estimated or recorded; however, smaller tertiary pipelines dump 10,000 gallons of petroleum per week into the Amazon, and production pits dump approximately 4.3 million gallons of toxic production wastes and treatment chemicals into th ...
BP Oil Spill and if the BP Oil Spill had happened in India and Comparative study between India and States with respect to Oil SpillBP Oil Spill .What if the BP Oil Spill had happened in India and Comparative study between India and States with respect to Oil Spill.
The document provides details about the 2010 BP oil spill in the Gulf of Mexico. It describes:
- The spill was the largest accidental spill, releasing millions of barrels of oil over months and killing wildlife and affecting livelihoods.
- Investigations found BP and its partners were negligent by underestimating the spill size and having inadequate response plans.
- BP faced billions in fines and penalties under the Clean Water Act and Oil Pollution Act for environmental damages.
- The case highlighted deficiencies in regulations and response capabilities for oil spills, especially large deepwater spills.
The document discusses the Nairobi Wreck Removal Convention and its impact on shipping operations and liability. It summarizes that the convention aims to clarify responsibilities and require insurance for wreck removal, addressing gaps in previous laws. It analyzes key aspects of the convention including expanded definitions of hazards and interests, mandatory insurance for ships over 300 tons, and placing liability on registered owners. The convention establishes uniform international standards for prompt wreck removal in areas beyond territorial waters.
Latin American Social Movements Midterm Presentationlucemeghan
Chevron operated in Ecuador's Amazon rainforest from 1964-1990, using flawed extraction methods that caused extensive environmental damage. This included dumping over 18 million gallons of toxic waste and abandoning 900 waste pits, resulting in widespread pollution. Indigenous groups have faced health problems and lost ancestral lands as a result. A coalition of Ecuadorian citizens and Indigenous groups have fought Chevron for over 15 years in court to demand cleanup and reparations. After years of litigation, some progress has been made through court rulings and government support, but full justice will take many more years.
This document is a supplemental declaration by Fabián Andrade Narváez, an expert on Ecuadorian law, responding to reports submitted by Chevron's experts in an arbitration between Chevron and Ecuador. Andrade addresses several issues raised in those reports, providing analysis of relevant Ecuadorian law and concluding that: (1) Chevron's experts are incorrect that all related companies must be joined in an action to pierce the corporate veil; (2) Ecuadorian law establishes a presumption of liability for hazardous activities like oil operations; (3) the judgment did not award extra petita damages; and (4) Chevron's fraud allegations can only be addressed through an action under Ecuador's Collusive Prosecution Act,
Chevron wins big in high profile commercial arbitration caseShahram Shirkhani
Commercial arbitration is a legal path to resolve a dispute that can possibly arise from agreements or contracts. Know how Chevron won big in its arbitration case
This summarizes a document reviewing environmental law cases from 2009-2010. It discusses three cases:
1) Fresh Meadow Food Serv., LLC v. RB 175Corp. upheld a RICO claim against a defendant who concealed underground storage tanks and contaminated soil when selling a property.
2) Wickens v. Shell Oil Co. addressed recoverable attorney fees under Indiana's Underground Storage Tank Act.
3) Evansville Greenway & Remediation Trust v. S. Ind. Gas & Elec. Co. concerned the common interest privilege and apportionment of liability under CERCLA. The court applied the privilege to communications between parties working to remediate contaminated sites. It also found CERCLA
Public Contracts between state and companies concerning exploration & product...Fotios N. Zachopoulos
The legal framework for Oil and Gas in Cyprus is an amalgamation of European Union Law[4] and International Law. As a Member State of the European Union (‘EU’), since 2004 and a signatory to the United Nations Convention on the Law of the Sea (UNCLOS) since 1988, Cyprus needs to abide with all the respective obligations prescribed both in EU and International level. Following the regulations stipulated in UNCLOS regarding the delimitation of maritime boundaries, the Republic of Cyprus in 2004 passed a law defining and regulating its Exclusive Economic Zone (‘EEZ’), with The Contiguous Zone Law 2004 and The Declaration of the EEZ Law 2004. These provide that “the Republic has sovereign rights for the purposes of exploring and exploiting, conserving and managing the natural resources of the waters superjacent to the seabed and of the sea bed and its subsoil”. Furthermore, the exploration or exploitation of the non-living resources in the EEZ is subject to the permission of the Council Of Ministers or any other competent authority as designated by law.
On August 11, 2014, the secondary laws implementing the historic Mexican constitutional changes drastically reforming the energy sector, including oil and gas, and electricity, were officially published.
These reforms bring deep changes to the Mexican energy market and huge opportunities for investment.
Given the complexity of the changes, we have prepared a presentation as background for such a discussion, summarizing the context of the reforms and the fundamentals of the new scenario for investors.
Sanchez Devanny Eseverri
Ms. María Gabriela Albuja
WINSTON & STRAWN LLP
1700 K Street, N.W.
Washington, D.C. 20006
U.S.A.
Mr. Ricardo Ugarte
Mr. Bruno D. Leurent
WINSTON & STRAWN LLP
200 Park Avenue
New York, NY 10166
U.S.A.
Mr. Mark Clodfelter
FOLEY HOAG LLP
1875 K Street, N.W.
Washington, D.C. 20006
U.S.A.
UNCITRAL Chevron-Texaco v. Ecuador Final Award 12
The Claimants
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Presentacion chevron ingles
1.
2. Introduction
The Government of the Republic of Ecuador decided to start an
international campaign, “The Dirty Hand of Chevron”, to defend
itself against the smear campaign that was initiated by the
multinational Chevron-Texaco corporation against Ecuador.
Chevron-Texaco operated in Ecuador from 1964 until 1990 and
extracted millions of barrels of oil without having applied the
techniques they agreed upon in the operating agreement for the
preservation of nature. This caused serious environmental disasters.
It left a trail of immeasurable contamination in the vast Amazon
region that up until now is still visible.
But Chevron-Texaco still refuses to acknowledge its responsibility
and even tries to blame the Ecuadorian State
3. Introduction
In the light of the multimillion-dollar campaign of ChevronTexaco to discredit the Ecuadorian State by all possible
means, the Government of the Citizen’s Revolution calls upon
the international community, States and journalists who seek
the truth, the intellectuals, all personalities, human rights
defenders and simple citizens and citizens of the world:To
come and see the TRUTH here in Ecuador!
To let the world know the TRUTH!
4. Texaco’s presence in Ecuador
•
1964: the Government of the Republic of Ecuador signs a concession agreement
with Texaco granting the company the right to explore for and produce oil in the
Amazon region. Texaco assigned half of its interests to the Ecuadorian Gulf Oil
company, creating a consortium in which Texaco is the sole operator of oil
operation and exploitation.
•
1967: The Texaco-Gulf Oil consortium drills the first commercial well in the
Ecuadorian Amazon.
•
February, 1972: the General Guillermo Rodríguez Lara regime establishes the
Ecuadorian State Petroleum Corporation (Corporación Estatal Petrolera
Ecuatoriana—CEPE) to buy the majority stake of the Texaco-Gulf consortium.
5. Texaco’s presence in Ecuador
•
1973: Texaco and Gulf celebrate a new concession agreement with Ecuador,
through CEPE, the government corporation that was created in 1971. CEPE
acquires 25% of the consortium and subsequently buys the interests of Gulf,
acquiring 62, 5% of the consortium. Texaco is, however, still the sole operator of
oil operation and exploitation of the consortium.
•
1990: Petroecuador (new name for CEPE) takes over as consortium operator
because the parties failed to reach an agreement to extend the term of the 1973
Agreement of which the expiration date was set for June the 6th, 1992.
6. What you need to know about
Texaco’s presence
Article 46 of the exploitation agreement signed by Texaco and Ecuador’s
state oil company clearly stipulated that the multinational company
committed itself to using technologies with safe reinjection systems of toxic
waste in the subsurface.
Despite this, though they used patented technologies that met these
requirements in the United States, they never used them in Ecuador. In our
country Texaco decided to use outdated techniques in order to have higher
profits.
The result: Texaco drilled and operated 356 oil wells and opened 1.000 pits
without any type of recoating. Texaco threw all kinds of waste, mainly oil, drilling
mud and toxic water into them, which caused immeasurable environmental
damage and deteriorated the quality of life of the communities. Altogether they
are responsible for spilling no less than 71 million of liters of waste oil and 64
millions of liters of crude oil on more than 2 million hectares of the Ecuadorian
Amazon.
6
7. Texaco leaves Ecuador
• 1992: Texaco leaves Ecuador (it no longer has assets in the country )
• 1995: Texaco signs a Remedial Action Plan that says that they commit
themselves to cleaning 162 pools
• 1998: The government of Jamil Mahuad signs a Deed of Settlement that
releases Texaco from any claim of the Ecuadorian State after Texaco’s
“environmental remediation”.
• 2001: Chevron (the second largest oil company in the United States and
the seventh largest of the world) engulfs Texaco knowing that it is being
sued by affected Ecuadorian citizens.
8. Texaco failed to meet its obligations of
environmental remediation
The US Company did not apply any effective remediation techniques, not
even for the 162 pools that they promised to clean.
The “remediation” technique applied by the Company consisted in covering
hundreds of pools of toxic waste, product of the extractive activities, with a
superficial layer and leaving them in the same pollutant state as before.
The Deed of Settlement signed by the Ecuadorian State considered the
relationship between the State and Texaco as finalized. Not concerned at all
with the Amazon communities and it was not a waiver on behalf of the third
parties, as confirmed by the Court of Arbitration constituted under the
UNCITRAL Arbitration Rules.
9. Affected citizens
versus Chevron-Texaco
The Aguinda case : in 1993, a citizen of the affected indigenous communities
demands, the remediation of the environmental damage caused by Texaco in the Oriente
region, in eastern Ecuador, before the Courts of New York. From that moment on Texaco has
done everything in its power to move the trial to Ecuador and finally obtained what it
wanted: the Courts of New York decided that it should be the Ecuadorian court who deals
with this matter because they are acquainted with the process.
To achieve this, Texaco promised to
respect the decision of the
Ecuadorian court, describing it as
suitable and capable to know about
the case.
10. Affected citizens
versus Chevron-Texaco
The Lago Agrio case: citizens of the same indigenous communities sue ChevronTexaco, before the Provincial Court of Justice of Sucumbíos in 2003. The first instance ended
in 2011 with a verdict in favor of those affected. The Ecuadorian court sentenced Chevron to
pay $ 9,6 billion and to apology in public within the next two weeks. Otherwise, the amount
would be doubled. Chevron refused to do so, which led to the ratification of the sentence
and the multinational was obliged to pay $ 19 billion.
The judicial sentence was
ratified under appeal and is
currently pending on cassation
appeal before the National
Court of Justice of Ecuador. So
strictly speaking, the process is
not over yet.
11. Affected citizens
versus Chevron-Texaco
• The RICO case:
Chevron sues the defenders of the Amazon Defense Coalition under
the RICO Act (Racketeer Influenced and Corrupt Organizations) before the Federal Court of
New York in 2010, claiming that the plaintiffs are part of a criminal organization whose
business is to extort the company…
This is what Chevron, within the
framework of its social media
campaign, calls
“The Fraud of the Century”.
• This October 15th the judicial process begins before the Federal Court of New York.
12. Chevron-Texaco versus the Ecuadorian
State: The “Chevron I” case
• The case: In 2004, Chevron-Texaco initiates an arbitration process in New
York against PETROECUADOR based on two clauses of the Joint Operating
Agreement (JOA) signed in 1965 by Gulf and Texaco: an arbitration clause and an
indemnity clause which required the non-operating parties of the JOA to
indemnify the operator for any sentence rendered against him related to the
developed activities.
In 2009 a New York federal judge
accepts the position of the Ecuadorian
State that Petroecuador was not obliged
to attend an arbitration initiated by
Chevron- Texaco.
• The case is closed.
13. Chevron-Texaco versus the Ecuadorian
State: The “Chevron II” case
• The case: In 2006, Chevron-Texaco initiates an arbitration process against the
•
•
Ecuadorian Sate before the Permanent Court of Arbitration at The Hague based on:
-the Bilateral Investment Promotion and Protection Agreement (BIPA) between Ecuador and
the United States
-7 commercial lawsuits initiated by Texaco against Ecuador before Ecuador`s National Court in
the early nineties that remained unsettled, which establishes this as an alleged case of
“undue delay” in the Administration of Justice under International Law.
• The current situation of the case : the Court assumed jurisdiction and
ordered the State of Ecuador to pay the sum of $ 96 million for the violation of Article II (7)
of the Bilateral Investment Treaty (BIT), signed between Ecuador and the United States, for
not having granted the Chevron-Texaco Corporation any effective means to resolve its
disputes.
Ecuador has filed a nullity action
against the decision.
14. The “Chevron II” case:
what you need to know
The BIT between Ecuador and the United States was signed in 1993 and took
effect in 1997 or in other words, five years after Texaco’s investments in the
country. Assuming jurisdiction based on this BIT is a retroactive action.
The BIT between Ecuador and the United States does not include any
retroactive clauses.
The fact that the lawsuits of Texaco remained unsettled before the Courts
until 2006 proves that Texaco had not taken the necessary steps to settle
them (they did not send the documents that the Courts were asking for).
15. Chevron-Texaco versus the Ecuadorian
State: The “Chevron III” case
• The case: In 2009
, Chevron-Texaco sues the Ecuadorian State before
the Permanent Court of Arbitration at The Hague to manifest:
- that Ecuador breached the BIT with the US (again)
- that Chevron-Texaco is not responsible for the environmental damage caused in
the Amazon region but that it is Petroecuador who is responsible for this, which is
why the Ecuadorian State has to pay the amount of the sentence of the Lago Agrio trial
- that Chevron is not responsible for the environmental damage caused in the
Amazon after their operation in Ecuador since it has been released by the 1998 Deed of
Settlement
-that Chevron-Texaco should be morally compensated!
Chevron spends hundreds of dollars
on their smear campaign against
Ecuador to evade its responsibility and
we would have to pay those campaign
expenses!
16. Chevron-Texaco versus the Ecuadorian
State: The “Chevron III” case
• The current situation of the case: The Court has assumed
jurisdiction under the BIT but is still evaluating whether or not it has jurisdiction.
On September the 17th the Court declared that it has not released Chevron-Texaco
of its responsibility towards the citizens of Ecuador.
Meanwhile, the Court ordered Ecuador to take “all available steps to suspend the
enforcement or recognition of any sentences against Chevron in the Lago Agrio
case in Ecuador and abroad” and condemns the Ecuadorian State not to execute
this measure.
The Ecuadorian State cannot do this! We are
a Government ruled by Law; there is a clear
separation between State powers. The
sentence is being executed since October the
17th with the royalties of the Chevron brands.
17. The “Chevron III” case:
what you need to know
The BIT between Ecuador and the United States was signed in 1993 and took effect in
1997 or in other words, five years after Texaco’s investments in the country. Assuming
jurisdiction based on this BIT is a retroactive action and this BIT does not include any
retroactive clauses.
Texaco is responsible for the contamination and not Petroecuador. There are plenty of witnesses and
evidence. In fact:
- the citizens of the indigenous communities have never filed lawsuit against Petroecuador
which they did do against Chevron-Texaco.
- no court decision has determined the responsibility of Petroecuador, but there is,
however, a court decision that determines the responsibility of Chevron Texaco.
- there are pools that have never been exploited by Petroecuador that are still
contaminated. People all over the world were able to see this due to “The Dirty Hand of
Chevron” campaign.
Chevron-Texaco has never been released from its responsibility towards
the affected citizens, which was confirmed by the Court’s decision on
September the 17th.
18. Chevron’s smear campaign
and the TRUTH (1)
CHEVRON CONSISTENTLY LIES ABOUT THE POSSIBILITY FOR THE AFFECTED
CITIZENS TO SUE THEM
• Chevron says: “The authorities of the Republic of Ecuador approved the
remediation and released Texaco of any past and future environmental
responsibility.”
• It’s a lie! Texaco was never released of its past and future environmental
responsibility”. In 1998, the government of Jamil Mahuad signed a Deed
of Settlement releasing Texaco from any claims from the Ecuadorian State
but not from those presented by the people. The Deed of Settlement
considered the relationship between the State and Texaco as finalized. Not
concerned at all with the Amazon communities and it was not a waiver on
behalf of the third parties. In fact, it is the Amazon Defense Coalition, a
group of affected communities in the Amazon who is suing Chevron, not
the government.
19. Chevron’s smear campaign
and the TRUTH (2)
CHEVRON CONSISTENTLY LIES ABOUT THE
ENVIRONMENTAL DAMAGE IT CAUSED
•
•
Chevron says: “President Correa provided a distorted and inaccurate account of
the history of these oil fields and who is responsible for any environmental
impact.”
It’s a lie! Texaco was the sole operator of oil exploitation in the Amazon region
until 1990. It carelessly poured formation water (with oil residues) into the
Amazon region. It clearly had to undertake remediation of the environmental
catastrophe that was caused due to its actions. Chevron-Texaco is obviously
responsible for the environmental damage caused in the region. There are plenty
of witnesses and evidence. Until today, people still find pools that have
been kept hidden by Chevron-Texaco instead of performing the
environmental remediation that it was obliged to do.
20. Chevron’s smear campaign
and the TRUTH (2)
•
•
•
•
Chevron says: “Any environmental impact on the extinct consortium area is
exclusive to Petroecuador, which for more than 20 years, continues to operate
here”
It’s a lie! Texaco drilled and operated 356 oil wells and opened 1.000 pits without
any type of recoating. Texaco threw all kinds of waste in them, which caused
immeasurable environmental damage. The US Company did not apply any effective
remediation techniques, not even for the 162 pools that they promised to clean. The
damage is still visible, as shown by President Correa, who put his hand into well AG-4
on Tuesday, September 17.
Chevron says: “Any environmental impact in the region is the sole and full
responsibility of Petroecuador, a fact that the authorities of Ecuador have
recognized publicly and privately on several occasions”
It’s a lie! The authorities of Ecuador have never “admitted” such a thing. It is a
distortion of the facts. The contamination denied by Chevron is a direct result of
Texaco’s oil exploitation and of a poor remediation technique, which is far from
fulfilling its objective and continues to harm the people and the environment.
21. Chevron’s smear campaign
and the TRUTH (3)
CHEVRON CONSISTENTLY LIES SAYING THAT THE ECUADORIAN STATE
INTERFERES IN THE LAGO AGRIO CASE
•
Chevron says: “President Correa decided to interfere once again in the Chevron case,
despite the cassation appeal filed by the Company before the National Court of Justice”
•
It’s a lie! President Correa is not interfering in the Lago Agrio case (the case Chevron refers
to when they talk about appeal in cassation) and has never done or is able to do so because
in Ecuador there is a clear separation between State powers. He visited the region to check
the environmental damage of which the existence has been denied by Chevron and who
wants to blame the state company Petroecuador. This does not prove at all that the executive
interferes in the Ecuadorian judiciary.
22. Chevron’s smear campaign
and the TRUTH (4)
•
Chevron says: “The interference of the Ecuadorian government in the trial against Chevron
has been evident”
•
It`s a lie! The President decided to listen to the concerns of the affected citizens. But this is
no evidence of interference in the judiciary. In fact, the representatives of previous
governments held eleven official meetings with representatives of Chevron. These
interviews were assisted by, not one but two Presidents, a Vice President, two ministers of
Energy, an Interior minister and an Attorney. But they never talked about “interference in the
trial”. The double standard is obvious.
23. Come and see the environmental damage of
Chevron-Texaco with your own eyes
Denounce lies and ask for truth to those who lie
Let the world know the TRUTH!