Refleksi :  Di NKRI untuk menuntut perusahaan yang melakukan pelanggaran hukum, 
misalnya  pencemaran linkungan menjadi hal sulit ke tidak mungkin untuk 
dilaksanakan karena rezim berkuasa di NKRI adalah rezim kleptokratik, mudah 
disogok dan tentunya tidak memihak kepentingan rakyat.  

Lihat saja pencemaran linkungan yang membuat beberapa sungai di Papua menjadi 
mati akibat limbah tambang Freeport. Apakah Freeport dituntut oleh pemerintah 
NKRI? 





Selain di Papua, lihat  juga kasus Lumpur Lapindo di Sidoarjo.

http://www.theage.com.au/world/chevron-faces-8bn-oil-penalty-20110215-1av2y.html


Chevron faces $8bn oil penalty 
Joe Carroll, Chicago 
February 16, 2011 
CHEVRON Corporation, the second-largest US oil company, faces at least $US8.2 
billion ($A8.17 billion) in damages after losing an Ecuadorean lawsuit that 
alleged it is responsible for chemical-laden wastewater dumped in the Amazon 
River basin more than 20 years ago.

The decision arises from an 18-year-old lawsuit by Ecuadoreans that sparked 
accusations of corruption and deception by Chevron and lawyers for the 
plaintiffs. It won a court order in New York last week barring the Ecuadoreans 
from attempting to enforce the judgment in the US or elsewhere.

The ruling requires Chevron to pay $US8.2-$US9 billion in damages, Karen 
Hinton, a spokeswoman for the plaintiffs' lawyers, said. Kent Robertson, a 
spokesman for California-based Chevron, said he did not know what the damage 
amount was.

''The case really sends a message that companies operating in the undeveloped 
world cannot rely on a compliant government or lax environmental rules as a way 
of permanently insulating themselves from liability,'' said Robert Percival, a 
law professor at the University of Maryland in Baltimore.

The lawsuit seeks to hold Chevron responsible for water and soil contamination 
that allegedly caused Amazon residents $US27 billion in damages from illness, 
deaths and economic loss. Texaco, acquired by Chevron in 2001, allegedly dumped 
chemical-laden oil drilling waste in small ponds dug from 1964 to about 1992.

However Chevron may never pay a cent of the fines. The oil company doesn't have 
any refineries, storage terminals, oil wells or other properties in Ecuador 
that could be seized to pressure the company to pay, said Mark Gilman, a New 
York analyst.

Chevron said it cleaned up its portion of the oilfields and was released from 
pollution claims in an agreement with Ecuador and PetroEcuador, the state-owned 
oil company that took over the Texaco operations in 1992. ''The Ecuadorean 
court's judgment is illegitimate and unenforceable,'' it said. ''It is the 
product of fraud and is contrary to the legitimate scientific evidence. Chevron 
will appeal this decision in Ecuador and intends to see that justice prevails.''

The lawsuit, brought on behalf of 30,000 residents of Ecuador's Amazon, was 
first filed in federal court in New York in 1993. After Chevron argued that the 
case should be heard where the alleged contamination occurred, the case was 
refiled in Ecuador in 2003.

Chevron has accused the Ecuadorean government of unfairly influencing the court 
proceedings and alleged that a $US27 billion damage assessment provided by a 
court-appointed expert was ghostwritten by consultants and lawyers hired by the 
plaintiffs.

The company filed a claim in 2009 against Ecuador in the Permanent Court of 
Arbitration in The Hague seeking orders that it has no liability for the 
environmental pollution and PetroEcuador should pay damages.

Lawyers for the plaintiffs have said there was evidence of contamination at all 
45 sites inspected during the case. 

BLOOMBERG


[Non-text portions of this message have been removed]



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