
Ecuador
seeks Chevron probe
By
David
R. Baker
San Francisco Chronicle
San Francisco
Petroleumworld.com 12 26 06
Ecuador's
attorney general has asked U.S. officials to investigate Chevron Corp's
alleged "fraud and deceit" connected with oil-field contamination
in the Amazon rain forest, the latest salvo in a long-running legal
dispute.
Attorney General Jose Maria Borja Gallegos wrote to
his U.S. counterpart on Dec. 5, asking that the Justice Department look
into accusations leveled at the company in a report issued by activists
last month.
The report was written by lawyers who are suing Chevron
in an Ecuadoran court to force the San Ramon company to clean up a portion
of the rain forest where Texaco Inc. used to drill for oil. Chevron
inherited the dispute when it bought Texaco in 2001.
The report accuses Texaco of deceiving the Ecuadoran
government in 1995 when the two parties reached an agreement on restoring
an area where Texaco and the state oil company had worked together.
That agreement limited how much of the cleanup was Texaco's responsibility.
The report argues that Texaco concealed from the government
the true extent of contamination, in part by hiding pits filled with
toxic waste. The lawyers also say the company is using misleading lab
tests of water and soil contamination in the current suit. Both sides
claim that chemical tests of soil and water in the area support their
positions.
"In (Borja's) mind these are serious allegations
and he felt it incumbent in his position to ask for this," said
attorney Raul Herrera, who represents the Ecuadoran government in the
Chevron case.
"We're familiar with the allegations that the plaintiffs
have made and they're baseless," Chevron spokesman Kent Robertson
said.
Texaco pumped oil in Ecuador from 1964 to 1992, dumping
a mixture of crude oil and water into open pits near the wells. Chevron
claims the company has already fulfilled its obligations, cleaning all
of the sites it was required to.
The legal fight over Texaco's former operations in the
Ecuadoran rain forest has grown increasingly convoluted.
While Amazon residents are suing Chevron in Ecuador,
the company and the Ecuadoran government are also fighting each other
in a New York courtroom. There, the two sides are sparring over the
cleanup agreement and who should bear the liability for restoring the
disputed area if Ecuadoran judges demand it.
Ecuador's state-run oil company still drills there and
wants to minimize its financial risk. Lawyers for the residents claim
the cleanup could cost more than $6 billion.
In the New York case, the Ecuadoran government accused
Chevron of fraud related to the 1995 agreement, then later dropped the
claim. Borja testified that he had no evidence of fraud.
"The notion that the government of Ecuador, which
has no evidence of fraud, is asking the Department of Justice to investigate
allegations of fraud is absurd," Robertson said.
A U.S. justice department spokesman said any request
from a foreign government would be reviewed carefully.
Meanwhile, Amazon Watch, a San Francisco nonprofit group
that backs the Amazon residents, says Chevron is being investigated
by the Securities and Exchange Commission over the company's failure
to alert shareholders to its potential liability in the Ecuador case.
Amazon Watch called for such an investigation in February.
"Since we filed a complaint with the SEC, they
have followed up with us with requests for additional information,"
Amazon Watch spokesman Simeon Tegel said.
Chevron spokesman Robertson said the SEC contacted the
company after the initial complaint but did not open a formal investigation.
"They called us looking for information, and that
was that," he said. "Any insinuation of an ongoing investigation
is false."
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David R. Baker: dbaker@sfchronicle.com.
December 23, 2006
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