“It’s the Largest Environmental Fine in History”
Published in El Espectador
(Colombia) on 17 February 2011
by Pablo Correa (link to original)
(Colombia) on 17 February 2011
by Pablo Correa (link to original)
Translated from
by David Brodsky.
Edited by Heidi Kaufmann.
Interview with the lawyer who won the Chevron case in Ecuador.
The Ecuadorian lawyer Pablo Fajardo Mendoza will always remember Monday, Feb. 14 as one of the happiest days of his life. At about 1:30 p.m., while he was having lunch, a journalist called him on his cell phone to ask what he thought about the judgment issued by a judge of the Provincial Court of Sucumbíos, ordering the petroleum company Chevron to pay approximately $9.5 billion for its contamination in the Amazon.
Fajardo, who was expecting a judgment to be issued in three or four months, didn't want to celebrate prematurely, so he sent one of his assistants to the court to read the judgment word for word. Eighteen years of judicial battles have taught him to be cautious and to not declare victory before its time.
What happens now?
We have recently finished an appeals document that we will present tomorrow. Then we will have several different legal settings: one in Sucumbíos; another in the United States; also, international arbitrations in which Chevron wants to place the responsibility on the Ecuadorian government. We also have to look for the best site for implementing the judgment.
In what sense?
Chevron has worked very hard in the United States, where some judges, perhaps from lack of knowledge of the circumstances, are favoring them. Due to its economic influence in the U.S., it would be difficult for us to obtain justice there. To avoid this problem, we are looking for countries where Chevron has economic investments in order to implement the judgment.
Are you satisfied with the amount that the petroleum company is supposed to pay?
The judge ordered $8.646 billion to be paid for environmental damage. Apart from this, he ordered an additional 10 percent to be paid to the plaintiffs. The overall total is approximately $9.5 billion. In addition, the judge ruled that there had been moral damage to the integrity and reputation of the Amazonian people and ordered Chevron to make a public apology. He said that if they don't do this, they would have to pay double.
Is the amount just?
We believe that this is a high amount. It is the highest ever in history. It exceeds what was paid for the Exxon Valdez oil spill in Alaska. But compared to the environmental damage, it isn't enough.
What was the most difficult moment for you?
In August 2004, when one of my brothers was murdered in Sucumbíos. Then came a period of persecution, which lasted several months. I had no peace. I was threatened. I have said that I cannot confirm that Chevron was responsible for this — I don't have proof — but there are many facts linked to what happened here, and there is a very grave doubt. In 2010 we were subject to pressure from Chevron trying at any cost to destroy the case. I have to say with all sincerity that we thought it would be impossible to reach a judgment in the case due to all of the maneuvers of the company, which invested more than $500 million to defend itself.
Did you ever think of giving up?
No. I have always said that when I enter into a battle, I want to finish it regardless of the consequences. I was always saying that we would continue even though we might not be successful. I never thought to abandon it as a lost cause. We have made a large step, but much still remains to be accomplished. We are facing a very powerful company. They aren't going to give away anything without a fight.
What was the damage caused by Chevron?
Chevron pumped 18 billion gallons of (toxic, chemical-laced) "formation water" into the rivers. Second, they constructed 1,000 pits or pools where they pumped toxic additives that are carcinogens. This affected the lives of four indigenous peoples. More or less 30,000 people in a direct manner and 100,000 indirectly. During those years, they drilled 356 wells.
Did you study law in order to defend these communities?
I was born in a village on the coast of Ecuador. I grew up in the Amazon. I have been living in this region for 25 years. My family is extremely poor. It is a family with 10 children. When I was working as a laborer, I saw many injustices committed against young girls, women and workers. When I was 17, I started a human rights group. In this way we got involved with this case.
How has it changed your life?
I haven't stopped to think about it. There has been a change in the rhythm of my life — lots of public recognition both in Ecuador and abroad. The problem of security has increased. I have only two to four hours a month to share with my children. That is the price of the work. I don't want to bequeath goods to my children; I want to leave them a country that hasn't been destroyed environmentally. My dream is that this country can be better than it now is.
Can you tell me more about what is known concerning the murder of your brother?
According to police reports and forensic doctors, he was tortured and then killed. That's all the information we have.
How important is the judgment?
It is extremely important. It sets a precedent. It is news that has spread around the world. It seems to me that it is sowing the seeds for something very significant. When companies act with irresponsibility, they can be brought to justice by impoverished communities. A key to our case is that it is based on the strength of the peasants and indigenous people. The force is in the social base.
The Ecuadorian lawyer Pablo Fajardo Mendoza will always remember Monday, Feb. 14 as one of the happiest days of his life. At about 1:30 p.m., while he was having lunch, a journalist called him on his cell phone to ask what he thought about the judgment issued by a judge of the Provincial Court of Sucumbíos, ordering the petroleum company Chevron to pay approximately $9.5 billion for its contamination in the Amazon.
Fajardo, who was expecting a judgment to be issued in three or four months, didn't want to celebrate prematurely, so he sent one of his assistants to the court to read the judgment word for word. Eighteen years of judicial battles have taught him to be cautious and to not declare victory before its time.
What happens now?
We have recently finished an appeals document that we will present tomorrow. Then we will have several different legal settings: one in Sucumbíos; another in the United States; also, international arbitrations in which Chevron wants to place the responsibility on the Ecuadorian government. We also have to look for the best site for implementing the judgment.
In what sense?
Chevron has worked very hard in the United States, where some judges, perhaps from lack of knowledge of the circumstances, are favoring them. Due to its economic influence in the U.S., it would be difficult for us to obtain justice there. To avoid this problem, we are looking for countries where Chevron has economic investments in order to implement the judgment.
Are you satisfied with the amount that the petroleum company is supposed to pay?
The judge ordered $8.646 billion to be paid for environmental damage. Apart from this, he ordered an additional 10 percent to be paid to the plaintiffs. The overall total is approximately $9.5 billion. In addition, the judge ruled that there had been moral damage to the integrity and reputation of the Amazonian people and ordered Chevron to make a public apology. He said that if they don't do this, they would have to pay double.
Is the amount just?
We believe that this is a high amount. It is the highest ever in history. It exceeds what was paid for the Exxon Valdez oil spill in Alaska. But compared to the environmental damage, it isn't enough.
What was the most difficult moment for you?
In August 2004, when one of my brothers was murdered in Sucumbíos. Then came a period of persecution, which lasted several months. I had no peace. I was threatened. I have said that I cannot confirm that Chevron was responsible for this — I don't have proof — but there are many facts linked to what happened here, and there is a very grave doubt. In 2010 we were subject to pressure from Chevron trying at any cost to destroy the case. I have to say with all sincerity that we thought it would be impossible to reach a judgment in the case due to all of the maneuvers of the company, which invested more than $500 million to defend itself.
Did you ever think of giving up?
No. I have always said that when I enter into a battle, I want to finish it regardless of the consequences. I was always saying that we would continue even though we might not be successful. I never thought to abandon it as a lost cause. We have made a large step, but much still remains to be accomplished. We are facing a very powerful company. They aren't going to give away anything without a fight.
What was the damage caused by Chevron?
Chevron pumped 18 billion gallons of (toxic, chemical-laced) "formation water" into the rivers. Second, they constructed 1,000 pits or pools where they pumped toxic additives that are carcinogens. This affected the lives of four indigenous peoples. More or less 30,000 people in a direct manner and 100,000 indirectly. During those years, they drilled 356 wells.
Did you study law in order to defend these communities?
I was born in a village on the coast of Ecuador. I grew up in the Amazon. I have been living in this region for 25 years. My family is extremely poor. It is a family with 10 children. When I was working as a laborer, I saw many injustices committed against young girls, women and workers. When I was 17, I started a human rights group. In this way we got involved with this case.
How has it changed your life?
I haven't stopped to think about it. There has been a change in the rhythm of my life — lots of public recognition both in Ecuador and abroad. The problem of security has increased. I have only two to four hours a month to share with my children. That is the price of the work. I don't want to bequeath goods to my children; I want to leave them a country that hasn't been destroyed environmentally. My dream is that this country can be better than it now is.
Can you tell me more about what is known concerning the murder of your brother?
According to police reports and forensic doctors, he was tortured and then killed. That's all the information we have.
How important is the judgment?
It is extremely important. It sets a precedent. It is news that has spread around the world. It seems to me that it is sowing the seeds for something very significant. When companies act with irresponsibility, they can be brought to justice by impoverished communities. A key to our case is that it is based on the strength of the peasants and indigenous people. The force is in the social base.