http://asia.reuters.com/newsArticle.jhtml;jsessionid=YJ5D02NLXLJEWCRBA 
E0CFEY?type=businessNews&storyID=2677327

ChevronTexaco Faces Huge Pollution Suit
Sat May 3, 2003 07:40 AM ET
By Richard Valdmanis

NEW YORK (Reuters) - ChevronTexaco CVX.N next week will begin its 
defense in a multibillion dollar legal battle in Ecuador against 
accusations it has polluted portions of the country's Amazon region, 
the company said.

The suit, which was brought by thousands of residents near the 
company's former oil fields, alleges Texaco Petroleum Co, a 
subsidiary of Texaco Inc. which merged with Chevron in 2001, dumped 
roughly 18.5 billion gallons of oil-laden water into unlined pits, 
estuaries and rivers during its operations in Ecuador's Oriente 
between 1971 and 1992.

Attorneys said the trial could last two years.

People living near the fields, now operated by state firm 
Petroecuador, claim the oil pollution destroyed sources of drinking 
water, caused health problems, and led to deaths of farm animals, 
lawyers for the plaintiffs said.

ChevronTexaco denies the allegations, saying the "produced water" in 
question, a by-product of oil drilling, was treated before being 
discharged. They also say that the firm has already completed a 
remediation project to eliminate any permanent effect from its 
operations.

After 10 years of jurisdictional disputes, the case will be heard in 
court starting May 6 in Lago Agrio in Ecuador. The 2nd U.S. Circuit 
Court of Appeals, based in New York, ruled in 2002 that a ruling on 
the case in Ecuador would be enforceable in the United States.

Attorneys say damages could exceed $5 billion.

POISONED LAND

No one denies that the region is polluted: a stack of photographic 
evidence shows dozens of oil-filled pits, some on fire, slicked 
rivers and marshes, and residents' shoeless feet covered in crude oil.

Texaco entered Ecuador in 1964 along with Gulf Oil to help 
Petroecuador develop oil concessions. In 1977, Gulf left the 
consortium, leaving Petroecuador with a 62.5 percent interest and 
Texaco Petroleum the remaining 37.5 percent.

Upon leaving Ecuador, Texaco entered into a remediation agreement 
with the Ecuadorean government, putting $40 million into covering 
waste-water pits, replanting cleared land, and funding local 
infrastructure and institutions. Petroecuador continued to operate 
the fields in the area as full owner.

"It is important to remember that oil operations are ongoing in the 
region, so how can anyone say that TexPet is the one responsible for 
any current impact," said ChevronTexaco spokeswoman Maripat Sexton. 
"TexPet was committed to ensuring that there was no lasting impact to 
its operations."

Attorneys for the plaintiffs say several of the photos in evidence 
were taken in 1992, the year Texaco left Ecuador but also three years 
before the remediation project was completed. Many were taken in 
1999, after years of solo operations by Petroecuador.

The attorneys, who say they represent 30,000 residents, add that they 
have a long list of testimonials from witnesses suggesting systematic 
toxic dumping, including one from former Ecuadorean Minister of 
Natural Resources Vargas Pazzos.

"The point is that Texaco made a decision to dump these toxins into 
the Amazon in order to save money and increase its profits," said 
attorney Steven Donziger.

The attorneys for the plaintiffs estimated Texaco Petroleum increased 
its profits $4.5 billion between 1964 and 1992 by dumping the 
produced water instead of re-injecting it.

ONLY WATER?

The principal contention in the case concerns the quality of the 
waste water before it was discharged. Produced water, a common 
by-product of drilling, is often re-injected back into the reservoir 
if its not properly treated.

Attorneys for the plaintiffs claim the water dumped by Texaco 
contained up to 5,000 parts oil per million, causing ponds and rivers 
to develop a layer of crude oil. The oil, they say, was later burned 
or sprayed on roads.

"The people there have said it sometimes rained black," said Donziger.

ChevronTexaco officials claim the waste water was put through a 
three-stage separation process in line with normal industry practice. 
But the officials could not give an estimate of the amount of oil 
left in the water before it was discharged.

The firm claims the final stage of separation took place in 
clay-bottomed pits, and oil was frequently siphoned out and placed 
into pipelines or used on roads to keep dust down.

"TexPet conducted road oiling at the express direction of Ecuador's 
government that it maintain and improve the roadways of Oriente," 
Sexton said.

The water remaining in the pits was released into "nearby rivers and 
streams," the company said. ChevronTexaco denied that Texaco 
Petroleum set any oil pits on fire.



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