9 Sep 2004

ChevronTexaco Submits Evidence From Plaintiffs Showing that Sites Were Well Remediated During Fifth Judicial Inspection

NUEVA LOJA, Ecuador, September 9, 2004 - The Superior Court of Nueva Loja today conducted its fifth judicial site inspection as part of the environmental lawsuit filed against ChevronTexaco. The inspection took place at Shushufindi-48, surrounded by a large plantation of African Palms. Between 1996 and 1997 Texpet remediated four pits at this site using surfactant enhancement and silica encapsulation technologies as dictated by the government of Ecuador at the time. The remediation was approved by PetroEcuador and the government of Ecuador, each of whom also certified that the sites were well remediated.

Following are the highlights:

  • Using evidence previously submitted to the Court by the plaintiffs, Adolfo Callejas, counsel for ChevronTexaco, called Superior Court President Efrain Novillo's attention to the testimony of Carlos Aguila, owner of the 10 hectare plantation, that the pits at Shushufindi-48 were "well remediated." In light of this fact, Callejas underscored to the Court that any harm caused to the environment occurred after Texpet completed its remediation in 1997, and thus is the result of actions taken by PetroEcuador, majority owner of the Consortium, and sole producer at the oilfields since 1992.
  • The inspection enabled ChevronTexaco to demonstrate PetroEcuador's responsibility for the current environmental conditions at the site. Callejas submitted to the judge documents showing the dates in which PetroEcuador conducted as many as 11 workovers at Shushufindi-48 over the past 12 years. Callejas said that he is "absolutely sure" these activities "caused environmental impact to the area, principally through the release of fluids and chemicals used."
  • Responding to plaintiffs' claims that Texpet was responsible for affecting the health of inhabitants of the area, Callejas presented further evidence to the Court - also previously submitted by the plaintiffs - showing that landowner Carlos Aguila declared that people living in the vicinity of Shushufindi-48 "received water from a pipeline flowing from the River Victoria." Into this same drinking source, "waters are discharged from South SDF (sic) Station [by] Incinerox, a company that burns medical waste, worked only at night, that contaminates a great deal," affirmed Mr. Aguila.
  • Finally, Callejas reminded the Court of PetroEcuador's responsibility for the remediation proportionate to its 62.5% majority ownership of the Consortium. Callejas concluded his remarks by saying: "Each one should assume its own responsibilities. This is what is just. This is what should be made very clear for the good of this country so in need of judicial security."

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