17 Nov 2004

Court Sees PETROECUADOR'S Environmental Responsibility is Unfulfilled at Sacha-14

Video Evidence Apparently Shows PETROECUADOR'S Poor Practices

Dr. Calmbacher Ordered to Provide Proof for His Suspicious Petition

NUEVA LOJA, Ecuador, November 17, 2004 - The judicial site inspection of Sacha-14 allowed the Court another opportunity to observe environmental damage caused by PETROECUADOR'S operations. Sacha-14, which has been operated by PETROECUADOR, which has operated Sacha-14 for the last 14 years, has not fulfilled its environmental remediation responsibility at the site.

The inspection of Sacha-14 was requested by the plaintiffs, even though the site was never included in the Remediation Plan of Texaco Petroleum Company (Texpet) and the company was released of any responsibility for the site according to the agreement between Texpet, PETROECUADOR and the Ecuadorian Government in attachment A of the Contract signed May 4, 1995, "The Scope of Environmental Remedial Work", and the "Official Inventory", that appear in the Attachment 1 of the same contract.

The Highlights:

  • During the inspection of Sacha-14, the President of the Superior Court, Judge Efrain Novillo, could observe signs, still visible, of an oil spill that recently took place at the site. Additionally, Dr. Adolfo Callejas, attorney for ChevronTexaco, presented proof of PETROECUADOR'S poor environmental practices: a video that appears to show workers shoveling sand on top of the oil spill to cover it up.
  • The President of the Court also inspected several open oil pits, which PETROECUADOR still has not remediated. Dr. Callejas repeated before Judge Novillo the exclusive responsibility that PETROECUADOR has for the environmental conditions of Sacha-14, as well as other sites under its responsibility.
  • Additionally, Dr. Callejas brought to the Court's attention various activities performed by PETROECUADOR at this site after 1990, that impacted the environment, including three instances of repair work at the well. He also pointed out that the area where Sacha-14 is located has recently been the subject of seismic exploration jobs and PETROECUADOR has drilled two additional wells nearby, Sacha-115 and Sacha-131.
  • Even though TexPet never had any responsibility for remediating Sacha-14, ChevronTexaco took advantage of the inspection to request the Court to order sampling of underground water that the nearby residents use to scientifically prove it does not contain any petroleum pollution. These samples will also be tested to determine if they contain any bacteria which is known to cause the many of the type of ailments the plaintiffs allege.

Update on Dr. Calmbacher's Suspicious Petition:

  • Late yesterday, Judge Novillo ordered Dr. Charles Calmbacher, the plaintiffs' technical expert, to present proof to the Court to support his claim made last week that samples taken more than 90 days ago at Sacha-6 and Sacha-21 were unsealed by U.S. Customs before they reached the laboratory and could not be tested. Dr. Calmbacher informed the Court of this alleged incident only two days before the deadline for him to submit to the Court his official report on the test results of those samples.
  • ChevronTexaco asked Judge Novillo to make specific inquires about Dr. Calmbacher's claim.
  • The Judge has required Dr. Calmbacher to present his proof not later than Tuesday, November 23.

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