8 Sep 2004

Fourth Judicial Site Inspection: ChevronTexaco Reiterates Request That Experts Respect and Adhere to Agreed-Upon Technical Procedures

NUEVA LOJA, Ecuador, September 8, 2004 - The Superior Court of Nueva Loja today conducted its fourth judicial site inspection in the environmental lawsuit filed against ChevronTexaco (CVX). The inspection took place at Sacha-94, a wellsite that was closed and remediated by Texaco Petroleum Company (Texpet). Seventy meters away is Sacha-173, a producing well that was drilled by PetroEcuador after Texpet completed its remediation in 1996.

Following are the highlights:

  • In a continued effort to ensure the highest technical quality of the inspections at the sites, Adolfo Callejas, counsel for ChevronTexaco, asked the Court to instruct experts from both parties to conduct inspections according to the technical standards outlined in documents previously agreed to by the parties. The petition that mentions these documents, which was signed both by counsel for ChevronTexaco and by plaintiffs' head lawyer Alberto Wray, calls on the parties to adhere to the most trustworthy and proven testing procedures in accordance with United States Environmental Protection Agency (USEPA) standards.
  • The petition, presented to the president of the Court on August 17, asks that "the judicial inspections…and the actions of the experts, be subject to the contents of the following documents: 1) Terms of Reference, 2) Sampling Plan 3) Analysis Plan." The petition also asks that these documents serve "as guides not only for the parties, but for the experts and all the technicians involved." Nevertheless, the lawyer for the plaintiffs claimed that the technical protocols referenced in the petition were only drafts. This claim was rejected by ChevronTexaco.
  • Referencing the fact that PetroEcuador drilled the Sacha-173 wellsite in the same area that had been remediated by Texpet (Sacha-94), counsel for ChevronTexaco reminded the judge of PetroEcuador's responsibility for any contamination that may exist at the wellsite. Using satellite images, counsel for ChevronTexaco alerted the judge to the fact that PetroEcuador more than doubled the size of the well platform, and had altered the environmental condition of the site following Texpet's remediation.
  • ChevronTexaco asked the judge to instruct the experts to include any evidence of environmental impact encountered outside of the areas remediated by Texpet, particularly around the Sacha-173 wellhead.

The judicial inspections will continue tomorrow at Shushufindi-48.

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