Ecuador Lawyer Pablo Fajardo Says Chevron Ecuador Case Could End In 2011

This is new and extraordinary news, considering that both sides expected a ruling this year. Well, someone's going to have to finance Steve Donziger for another three years!

By Mercedes Alvaro - Dow Jones Newswires, September 16, 2008: 5:47 PM

QUITO - (Dow Jones)- A five-year-old environmental-damage trial in Ecuador against U.S. oil company Chevron Corp. (CVX) could take at least two or three more years, lawyers said Tuesday.

The delay is expected after objections to an April report from a court- appointed expert were received by a court in Lago Agrio.

The report prepared by Richard Cabrera, a geologist and environmental consultant, recommended that Chevron pay at least $8.3 billion, and maybe as much as $16 billion, in compensation for environmental damage in Ecuador.

Chevron is facing the lawsuit in Ecuador for alleged contamination by its Texaco unit in the Amazon region of Lago Agrio. The company is accused of having used out-of-date technology that led to environmental damage.

The complaint was launched in 1993 in a lawsuit in New York courts, which ruled that the case should be tried in Ecuador. In May 2003, several indigenous groups filed a lawsuit against the company in Lago Agrio (Nueva Loja).

The judge is expected to give Cabrera a reasonable timeframe to answer the objections from both Chevron and the plaintiffs.

Pablo Fajardo, one of the plaintiffs lawyers, told Dow Jones Newswires that he expects a final decision in 2011.

Chevron on Monday submitted its objections to Cabrera's report, saying that it contains "fabricated and erroneous evidence," exaggerated claims for damages and "was developed in collusion with the plaintiffs and their attorneys."

The company urged the court to reject Cabrera's report and accused him of manipulating and altering findings to justify false conclusions, including backdating photos.

The aim, said the company, is to make Chevron liable for all the environmental impact caused solely by Ecuadorian state oil company Petroecuador during 18-plus years of operation of the concession.

Meanwhile, the plaintiffs submitted their objections on Tuesday.

Fajardo said the plaintiffs are asking Cabrera to calculate the amount of damage to water supplies, and other damages.

Chevron has said several times that it has met all the requirements for environmental cleanup that were agreed upon with Petroecuador.

Chevron also has said that in 1998 Petroecuador released the U.S.-based company from any liabilities regarding cleanup efforts.

The plaintiffs said that this release isn't from individual claims and that the so-called "cleaned up" pits remain contaminated.