ChevronTexaco on Trial

Worldwatch Live Online Discussion

Kevin Koenig

December 19, 2003 - 3:00pm EDT

Oil giant, ChevronTexaco, is on trial in Ecuador for dumping toxic waste in the Ecuadorian Amazon. The company is charged with turning an area that once had some of the world's greatest diversity of plant and animal life into a place laden with pollution, sickness, and poverty. The trial, which took place in October, is considered a landmark in the history of international justice as it marks the first time a U.S. corporation has been compelled to account for damages it inflicted in a foreign country.

As the world awaits a verdict on this historic case, join Kevin Koenig, who tracks the actions of multinational oil corporations for the non-profit Amazon Watch and authored "ChevronTexaco on Trial" in the January/February 2004 edition of World Watch magazine, for a live discussion about this case and its significance.

San Diego, California: Hi. I was wonder if there were many protests by people in Ecuador around this case, or if most of the fighting and legal activity happpend in the US?

Kevin Koenig: Yes, protests in Ecuador have been widespread on this case, particularly in the Amazon region. In a way, because it has been sent back to Ecuador, the affected people feel as though they have a much bigger and active role in the case. This is been an ongoing struggle for affected communities for over ten years, which has involved an incredible level of local organizing and international solidarity.

Denver, CO: Hi Kevin. I was wondering if you know whether there are any similar types of cases involving oil companies that are pending in the courts, either in the US or abroad. Will the ChevronTexaco victory set a precedent for how these types of grievances could be addressed in these other cases?

Kevin Koenig: There are several.† Here in the US, there is a case against Unocal for human rights abuses related to the company's operations in Burma which is now going to trial in LA using some of the similar legal strategies that were utilized when the Texaco case was first filed in the US.† As well, there is a case against ChevronTexaco for rights abuses in Nigeria filed in San Francisco courts.† My understanding is that jurisdiction has not been decided in that case.† There is also a lawsuit against Occidental Petroleum for rights abuses in Colombia recently filed in LA courts.† There are many more, but the CHV case has really paved the way for these kind of cases.† The fact that it was sent back to Ecuador with the condition that a judgement will be recognized by US courts is significant and unprecedented and sets a new bar for corporate accountability.† I would also say that it is historic for Ecuador and while the trend is to use US courts to attempt to find redress for these claims, it is important for laws and efforts for corporate accountability take hold in countries like Ecuador.

NY, NY: Hi Kevin, regardless of the verdict in this trial, are there any international laws in place that could make sure the verdict against ChevronTexaco is upheld... or will the decision become a moot point, because it cannot be enforced?

Kevin Koenig: The idea is that any judgement would be enforceable in US courts.† Meaning, if Ecuadorian courts give a judgement against CVX, the US courts would theoretically force CVX to pay.† However, when you look at cases like the suit against ExxonMobil over the Alaska spill, the fines imposed on the company have yet to be payed, and the legal battle continues.† As far as international laws, I honestly am not aware of any that could hold them accountable to enforce this verdict.† It definately speaks to the fact that at times, legal avenues are only one tool in achieving true corporate responsibility.† For the affected people of Ecuador, they've been waiting for the case to wind its way through the court system for years while they continue to have very immediate needs on the ground, like access to clean drinking water and health care.

London, England: I find it interesting that such a positive environmental victory has occurred at a time when the political climate is generally not as favorable to environmental goals. Why do think it's happened now, in particular? Do you think there's any relation between this and cases like Enron, etc?

Kevin Koenig: The case does reflect the most insidious kinds of corporate impunity and irresponsibility which we've seen so prominently under the Bush administration (e.g. Enron).† I think we're finally seeing some of the seeds that were planted a decade ago come to fruition, due in large part because of the growing global justice movement which has evolved and gained prominence over the last ten years.† As well, it is a†direct result of the incredible gains that indigenous and campesinos have made in asserting their rights and voices into a global system that continues to marginalize them.

Steve Conklin, Worldwatch Institute: Thanks for joining us today, Kevin. Thank you as well to all of our participants who submitted questions!

Kevin Koenig: Thanks Steve for organizing this and to Worldwatch for covering this critical environmental and human rights issue. We here at Amazon Watch will keep you posted on the developments.