Saturday, June 30, 2012

Ecuador commences actions in Canada and Brazil to enforce 18 billion judgment against Chevron.

http://oilprice.com/Latest-Energy-News/World-News/Ecuador-Now-Looks-to-Claim-its-18-Billion-by-Seizing-Chevrons-Brazilian-Assets.html

The case of Ecuador against Chevron continues on; and whilst Ecuador has won their landmark court judgement, Chevron is still refusing to pay the $18 billion demanded as recompense for the disaster which ruined the precious environment and decimated indigenous groups, causing an outbreak of cancer and other oil-related diseases that have killed or threaten to kill thousands of men, women, and children.

The villagers have now taken their case to the Superior Tribunal of Justice in Brazil's capital of Brasilia, the highest civil court in Brazil, in an attempt to receive permission to seize Brazilian assets owned by Chevron in order to claim the $18 billion owed.
   
If successful Chevron could face some trouble, as, with one of the largest proven oil reserves in the world, Brazil is a major strategic play for Chevron’s long-term growth. The country is already Chevron’s second largest production market in Latin America and one of the top ten markets in the world for the oil giant's capital spending. The Ecuadorian villagers shouldn’t find it too difficult to harvest their $18 billion from the Chevron’s Brazilian assets, but the result could seriously damage the oil major’s growth in the region.

The Ecuadorians chances of gaining approval are looking good as Chevron’s reputation in Brazil is not great at the moment. It already faces a possible $22 billion fine in civil and criminal penalties in due to an offshore spill at their $3.6 billion deep water oil well in the Frade field, back in November; which they tried to unsuccessfully cover-up.



and.....


http://www.vancouversun.com/news/Ecuador+plaintiffs+file+lawsuit+Canada+against+Chevron+enforce+billion+judgement/6704521/story.html



BOGOTA, May 30 (Reuters) - Ecuadorean plaintiffs filed a lawsuit in Canada as a first move outside their country to try and enforce an $18 billion court judgment against oil company Chevron for polluting the Amazon, their lawyers said on Wednesday.
The 2011 judgment against Chevron is one of the biggest rulings ever for environmental damage and is being tracked closely by the global oil industry.
Issued by an Ecuadorean court in the jungle region at the heart of the dispute, the ruling was upheld by an appeals court in January - but Chevron has appealed to Ecuador’s Supreme Court.
Since U.S.-based Chevron no longer has assets in Ecuador, the plaintiffs are trying to get the ruling enforced outside the OPEC-member country.
The new lawsuit, filed in the Superior Court of Justice in Ontario, targets Chevron and various subsidiaries that together hold significant assets in Canada, the plaintiffs’ legal team said in a statement.
“While Chevron might think it can ignore court orders in Ecuador, it will be impossible to ignore a court order in Canada where a court may seize the company’s assets if necessary to secure payment,” said Pablo Fajardo, the lead lawyer for the plaintiffs.
“We plan to exercise our legal right to collect every penny of the legitimate judgment from Ecuador, even if we have to drag Chevron kicking and screaming into courts around the world.”
The plaintiffs accused Texaco, which was later taken over by Chevron, of causing illnesses among the local population by dumping drilling waste in unlined pits in the 1970s and 1980s.



Chevron denies the accusations. It says Texaco did not pollute the jungle, and that it properly cleaned up all the pits for which it was responsible.
“The Ecuador judgment is a product of bribery, fraud, and it is illegitimate. The company does not believe that the Ecuador judgment is enforceable in any court that observes the rule of law,” the company said in a statement on Wednesday.
The legal saga has spanned nearly two decades and is under scrutiny for precedents that could impact other claims against multinationals accused of pollution elsewhere around the world.
The case has also become a cause celebre for environmental activists who cast the decision in favor of the plaintiffs as victory of David vs. Goliath proportions.
Filled with intrigue, accusations of corruption, bribery and dirty tricks, the complicated case is now being fought on multiple fronts including Ecuador’s Supreme Court, a New York court handling a racketeering lawsuit filed by the company, and an international arbitration tribunal.

and....






(Reuters) - Ecuadorean plaintiffs have filed a second lawsuit outside the Andean country, this time in Brazil, in a bid to enforce an $18 billion court ruling against U.S. oil company Chevron for polluting the Amazon, their lawyers said on Wednesday.
The 2011 judgment against Chevron is one of the biggest rulings ever for environmental damage. The legal case has spanned nearly two decades and is being watched closely by multinationals accused of pollution elsewhere in the world.
Issued by an Ecuadorean court in Lago Agrio, the jungle region at the heart of the dispute, the original ruling was upheld by an appeals court in January - but Chevron has appealed to Ecuador's Supreme Court.
Since Chevron no longer has assets in Ecuador, the plaintiffs are trying to get the ruling enforced outside the OPEC-member country. Last month they filed a legal lawsuit against the oil company in Canada.
"(It) is the second filing to force the company to pay for the clean-up of a disaster that decimated indigenous groups and caused an outbreak of cancer and other oil-related diseases," the plaintiffs said in a statement.
The new lawsuit, filed in the Superior Tribunal of Justice in Brazil's capital of Brasilia, targets Chevron operations in the South American country, the statement said.
However, Brazilian courts will not review the case just yet, said Brazilian litigator Sergio Bermudes, who represents the plaintiffs.
"The Superior Tribunal of Justice will only analyze whether the Ecuador decision meets the requirements of Brazilian law for enforcement of foreign judgment," Bermudes said.
This latest legal challenge against Chevron in Brazil follows on from lawsuits filed in March seeking some $20 billion in damages and criminal charges against Chevron and drilling operator Transocean for a spill in Chevron's offshore Frade field northeast of Rio de Janeiro.
Both Chevron and Transocean have said they have done nothing wrong, that they are innocent of any crimes and will defend their employees against civil and criminal charges.
LONG LEGAL SAGA
The plaintiffs in Ecuador accused Texaco, which was later taken over by Chevron, of causing illnesses among indigenous people by dumping drilling waste in unlined pits in the 1970s and 1980s.
Chevron denies the accusations. It says Texaco did not pollute the jungle and that it properly cleaned up all the pits for which it was responsible.
"The Ecuador judgment is a product of bribery, fraud, and it is illegitimate. The company does not believe that the Ecuador judgment is enforceable in any court that observes the rule of law," Chevron said in a statement on Wednesday.
The case has become a cause célèbre for environmental activists who cast the decision in favor of the plaintiffs as a victory of David versus Goliath proportions.
Filled with intrigue, accusations of corruption, bribery and dirty tricks, the complicated case is now being fought on multiple fronts including in Ecuador's Supreme Court, a New York court handling a racketeering lawsuit filed by the company, and an international arbitration tribunal.

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