Those of of who’ve been closely following this story have been waiting for Chevron to announce it’s appeal of what is clearly an unjust ruling.

Like I’ve said before, “Ripping off the facade and digging under the surface of what at first glance looks to be nothing more than deserved retribution by indigenous groups who’ve suffered at the hands of Evil Big Oil one begins to see more clearly the forces behind this fraud are none other than Ecuador’s own state run oil company Petroecuador, Ecuador’s President Rafael Correa, and the powers-that-be who are working feverishly to re-identify and usher in a new socialist South America.”

US oil giant Chevron has launched a legal appeal against a $9.5bn (£5.9bn) fine by an Ecuador court for polluting much of the country’s Amazon region.

Chevron accused lawyers and supporters of the indigenous groups who brought the case of “corrupting” the trial.

It said the judgement contained “numerous legal and factual defects”.

The oil firm Texaco, which merged with Chevron in 2001, was accused of dumping billions of gallons of toxic materials into unlined pits and rivers.

Below you’ll find the statement from Chevron plus my previous research and back story on this issue. I think you’ll find, as I have, that a fraud has been committed here…

Chevron Appeals Ecuador Judgment -Verdict tainted by fraud

SAN RAMON, Calif., Mar. 11, 2011 — Chevron Corporation (NYSE: CVX) has appealed the judgment entered last month against the company by the Provincial Court of Justice of Sucumbíos in Lago Agrio, Ecuador in a lawsuit alleging that Texaco Petroleum Company’s participation in a state-controlled oil consortium prior to 1990 makes Chevron responsible for environmental impacts in the area. In the filing, Chevron details the pattern of fraud by the plaintiffs’ lawyers, supporters and others that has corrupted the trial, as well as the numerous legal and factual defects in the judgment.

In addition to its appeal in Ecuador, Chevron continues to seek recourse through legal proceedings outside of Ecuador. In an arbitration Chevron initiated in 2009 under the U.S.-Ecuador Bilateral Investment Treaty (BIT), a Tribunal in The Hague issued an order on Feb. 9 requiring Ecuador to take all measures at its disposal to prevent enforcement of the Lago Agrio judgment until further order of the Tribunal, including the Tribunal’s final award on the merits. On Mar. 7, the U.S. District Court for the Southern District of New York issued a preliminary injunction against the Lago Agrio plaintiffs, their lawyers, and those in concert with them, barring them from attempting to enforce the Lago Agrio judgment pending resolution by the U.S. court of Chevron’s claims that the Lago Agrio judgment is unenforceable.

Through discovery proceedings in the United States, Chevron obtained thousands of documents that memorialize the plaintiffs’ lawyers’ efforts to pressure judges to rule in their favor, corrupt expert reports, and manufacture evidence.

Chevron’s appeal points to evidence that the plaintiffs’ lawyers falsified data and pressured scientific experts to “find contamination” where none existed. The plaintiffs’ lawyers also procured the appointment of a supposedly neutral “global expert” who was recruited and paid by the plaintiffs’ lawyers to pass off as his own a damages report ghostwritten by Stratus and plaintiffs’ other consultants. As this scheme was being exposed through discovery proceedings in U.S courts, the plaintiffs’ lawyers later attempted to conceal the fraud by hiring another U.S. firm to repackage the data and conclusions under new names. Even though the court claims that it cured this misconduct by not considering the fraudulent “global expert” report, the judgment relies on data and conclusions produced in that report.

As the company states in its appeal, the court ignored the valid scientific evidence. All legitimate expert reports in the case concluded that the areas remediated by Texaco Petroleum Company pose no significant risk of harm to human health or the environment. Besides the evidence of fraud and corruption, Chevron’s appeal sets forth numerous additional grounds for reversal, establishing that the judgment is contrary to the facts and law, including:

• The court disregarded the effect of prior settlement agreements between Texaco’s subsidiary, Texaco Petroleum Company and the national, provincial and municipal governments of Ecuador, which released Texaco Petroleum Company and its affiliates, including Chevron, from all further environmental liability.The court based its judgment on an unlawful, retroactive application of Ecuador’s Environmental Management Act, which was enacted in 1999, after Texaco Petroleum Company ceased operations in Ecuador and after it was released from all potential liability for environmental impact.
• The court refused to consider Petroecuador’s responsibility for environmental impacts as the majority owner of the consortium from 1976 to 1992, and as the sole and exclusive owner and operator of greatly expanded operations in the area from 1992 to the present.
• Disregarding evidence submitted by Chevron, the court instead relied on biased and unreliable evidence submitted by the plaintiffs’ nominated experts — evidence the plaintiffs themselves have admitted is deficient. On multiple occasions, the court claimed that samples showing no contamination provided evidence of contamination, reporting, for example, “alarming levels” of mercury where the cited test results show no mercury was detected.
• The court awarded $5.396 billion for soil remediation, nearly double the grossly inflated amount in the fraudulent “global expert” report, five to eleven times greater than what plaintiffs’ own specialist proposed, and 171 times higher than the amount Petroecuador estimated was necessary to remediate a larger area.
• The court awarded $600 million for remediation of claimed groundwater contamination without citing a single sample of groundwater showing oil-related contamination, and ignoring plaintiffs’ repeated admissions that there is no such evidence.
• The court awarded $1.4 billion for “mitigation measures” to address public health — despite the court’s admission that no individual health problems had been identified, and without providing any basis for the amount of the award. Indeed, the court added an equally arbitrary $800 million for alleged “excess” cases of cancer, even though the court admitted that no individual claims of cancer had been made, and there is no proof in the record of the case showing a cause-and-effect relationship between proximity to oil-producing activities and an increased risk of cancer.
• The court’s additional award of $8.646 billion unless Chevron issues a public apology is an award of punitive damages, in violation of Ecuadorian law which does not recognize such damages. By imposing this award, the court, in effect, penalized Chevron billions of dollars for exercising its fundamental right to defend itself.

Chevron is one of the world’s leading integrated energy companies, with subsidiaries that conduct business worldwide. The company’s success is driven by the ingenuity and commitment of its employees and their application of the most innovative technologies in the world. Chevron is involved in virtually every facet of the energy industry. The company explores for, produces and transports crude oil and natural gas; refines, markets and distributes transportation fuels and other energy products; manufactures and sells petrochemical products; generates power and produces geothermal energy; provides energy efficiency solutions; and develops the energy resources of the future, including biofuels. Chevron is based in San Ramon, Calif. More information about Chevron is available at www.chevron.com.

Here’s the background:

Chevron, Ecuador Lawsuit: Judicial Misconduct Caught on Tape!

Hollywood Leftists and Idiot Environmentalists Got Played

“No More Oil for Money!”

For over a year now I’ve been following this sham of a lawsuit and detailing how the Ecuadorian government has been perpetrating a fraud on an American company and international community with the largest environmental class action suits in history against an oil company, a case that is full of lies, bribes, incompetence, bias, and misconception.

This week we learn of another egregious violation, this time, by the Judge in the case who’s been caught on video tape discussing his verdict (of an ongoing case) with some businessmen.

Chevron is asking the Government of Ecuador to disqualify the judge presiding over the lawsuit involving the company.

The company has disclosed video recordings of meetings that show the judge discussing his verdict with businessmen. The judge confirms that he is going to rule against Chevron in the case and that the company will lose its appeal – even though the trial is still ongoing and evidence is still being received. And a purported ruling party official in Ecuador states that lawyers from the executive branch have been sent to assist the judge in writing the decision.

The video recordings also show an individual, Patricio Garcia, who identifies himself as a member of Ecuador’s ruling party, discussing details of the $3 million bribe with the same businessmen. The bribe was sought in return for remediation contracts to be handed out by the government after the adverse verdict is handed down by the judge.

The tapes show $3 million in bribes were sought: $1 million to Judge Núñez, $1 million to the plaintiffs suing Chevron and $1 million to “the presidency,” Garcia said.

The four video-taped meetings occurred in May and June of 2009. Two of the meetings took place at the Quito offices of Alianza PAIS, Ecuador’s ruling party, one meeting took place in the judge’s chambers in Lago Agrio, and a second meeting involving the judge took place in a Quito hotel.

After referring the evidence of the scheme to authorities, Chevron Executive Vice President Charles James said that company lawyers will seek disqualification of the judge in the case and annulment of his prior rulings.

“No judge who has participated in meetings of the type shown on these tapes could possibly deliver a legitimate decision,” James said.

“We are calling upon Ecuadorian authorities to conduct a full investigation of this matter – focusing not only on the conduct of Judge Núñez, but also on the very serious indications of political interference in this case.

It’s precisely this kind of corruption I’ve been warning people about while writing about this case and why Hollywood Leftists and Idiot Environmentalists like Daryl Hannah, Trudie Styler, her husband Sting and others have been played by the Ecuadorian government.

In plain and simple terms… this is a fraud that’s being perpetrated on an American company and the international community, falsely, in the name of environmentalism by agents pushing a socialist agenda (what else is new?). It’s just that simple… and it should be brought to light and exposed for what it is whenever and wherever possible!

Related Stories:

Bay Biz Buzz: Chevron says video shows judge’s misconduct in Ecuador

Hollywood Leftists Serve As Willing Useful Idiots for A Tyrant

A New Low for Rafael Correa – Ecuador’s President Rafael Correa sinks to new levels after being linked to a bribe scandal

Chevron’s explosive charges in Ecuador fight

TV chief: Broadcast of president’s talk legitimate

Ecuador to Perpetrate a Fraud on Chevron and the International Community -Posted on April 8th, 2008

Ecuadorean indigenous groups have filed one of the largest environmental class action suits in history against an oil company to the tune of $16 billion and if successful could set a dangerous president.

Ripping off the facade and digging under the surface of what at first glance looks to be nothing more than deserved retribution by indigenous groups who’ve suffered at the hands of Evil Big Oil one begins to see more clearly the forces behind this fraud are none other than Ecuador’s own state run oil company Petroecuador, Ecuador’s President Rafael Correa, and the powers-that-be who are working feverishly to re-identify and usher in a new socialist South America.

You see, the fact is, Chevron, through its Texaco subsidiary (which Chevron aquired in 2001) , operated an oilfield joint venture with Petroecuador as a minority partner between 1964 and 1992.

From 2002 to 2007, Petroecuador was responsible for more than 1,000 oil spills, of which 168 took place last year alone. In fact, Petroecuador (through its oil and gas exploration and production subsidiary Petroproducción) accounted for 90 percent of all oil spills in Ecuador last year, according to official government data quoted by local newspaper El Universo. The remaining 10 percent were contaminated by six different private companies. In other words, Petroecuador is clearly a major and serial contaminator.

Another under-reported fact is that “Chevron paid $40 million in remediation costs in 1995, Petroecuador has not used one dime to clean up its mess.” And in In 1998 “the government of Ecuador declared that the remediation was completed according to the terms and parameters agreed upon and released Texaco from any future liability.”

President Correa’s complicitness is illustrated in the following two part investigative report by investigative Journalist Greg Palast for the BBC — Yeah I know but it’s informative and worth viewing in it’s entirety…

Ecuador- Rumble in the Jungle Part 1

Ecuador- Rumble in the Jungle Part 2

The Latin Business Chronicle reports:

INCOMPLETE AND WRONG INSPECTIONS

The lawsuit was originally filed in 1993 in the United States, but was thrown out here in 2002. Then the case was refiled in Ecuador, where the process has been marred by serious flaws. Richard Cabrera, the court-appointed expert, has shown a combination of incompetence and bias against the U.S. company. Cabrera conducted field work that ignored all scientifically accepted technical procedures for site assessment, while including members and supporters of the Frente de la Defensa de la Amazonia (FDA) in his field support team, Chevron points out. The FDA was formed to represent the group suing Chevron. Chevron has repeatedly asked the court to remove Cabrera, but to no avail.

While Cabrera had been specifically asked by the court to present his report after inspecting 122 sites, he did so after only inspecting 47. Even worse, Cabrera took samples from areas that are the sole responsibility of Petroecuador, areas which Petroecuador has publicly acknowledged its obligation to remediate, and from areas already remediated by Petroecuador, Chevron points out. He has also repeatedly asked the court to stop Petroecuador from conducting remediation of the areas of the former concession that Petroecuador has publicly recognized were under its responsibility and have gone unfulfilled since 1998, according to the U.S. oil company. (See Chevron: Biased and Improper Report).

Most of the “evidence” from the group suing Chevron has been analyzed by Havoc laboratory, which has refused all attempts (seven, in all, over more than two years) by an Ecuadorian court to inspect its facilities.

Finally, the court received unwarranted pressure from President Rafael Correa, who has publicly stated his support for the lawsuit. While that clearly violates the judicial independence of Ecuador, it should come as no surprise. After all, Correa is the brains behind the absurd proposal that the international community pay Ecuador $350 million per year to not explore oil in the Ishpingo, Tambococha, Tiputini (ITT) field, which may have reserves of one billion barrels. (See Ecuador’s Oil Paradox).

Fabian Losa one of Ecuador’s top newscasters, according to the clip above, describes the people behind bringing this suit as being like “”watermelons” Green on the outside and Red on the inside” translation — using environmentalism to further a socialist agenda! With fiends like Hugo Chavez and Venezuela, It’s no wonder the lawyers who brought the suit, Richard Cabrera, and President Correa are so confident.

On the political front here in the United States, it should come as no surprise that Sen. Obama has sided with socialists of south America as the CSM reported: “In February, Sens. Barack Obama (D) of Illinois and Patrick Leahy (D) of Vermont sent a letter to US Trade Representative Rob Portman urging him to ignore an apparent campaign by Chevron to exclude Ecuador from trade negotiations until the Ecuadorean government shuts down the lawsuit. “While we are not prejudging the outcome of the case, we do believe the 30,000 indigenous residents of Ecuador deserve their day in court,” the senators wrote.”

In plain and simple terms this is a fraud that’s being perpetrated on an American company and the international community, falsely, in the name of environmentalism by agents pushing a socialist agenda (what else is new?). It’s just that simple… and it should be brought to light and exposed for what it is whenever and wherever possible!

TMR Talks To Chevron on Earth Day! -Posted on April 22nd, 2008

Today environmentalists and human rights activists celebrated Earth Day by holding a protest rally and march outside the Chevron Corporations offices in San Francisco.
according to this article Earth Day March/Rally Exposing Chevron- Earth Enemy #1:

Communities and activists call for Chevron to halt Inhumane Energy

WHAT: In downtown San Francisco, environmental justice and human rights activists are marking Earth Day by holding a march and rally targeting Chevron, a notorious polluter in the San Francisco Bay Area and around the world. The Earth Day action will highlight Chevron’s unabated assault on the Earth and the health of communities and the environment near Chevron facilities around the world. The action is in response to Chevron’s terrible environmental and human rights record and their false and desperate attack on Ecuadorian activists who were just awarded the prestigious Goldman Environmental Prize.

A trusted and reliable TMR source, who will remain nameless, emailed me the tip this morning saying the following: “You might’ve heard Amazon Watch and other enviro groups are leading an “Earth Day” protest at the Chevron offices in downtown San Francisco today, casting Chevron as “Earth Enemy #1.” Of course they’ll exalt Pablo Fajardo and Luis Yanza, the two Ecuadorian trial lawyers and Goldman prize winners seeking $16 billion from Chevron for alleged environmental damages.

……. the environmentalist community is being shammed – and that these self-proclaimed environmentalists are not friends of the environment, but instead seeking enrichment by extortion. If Mr. Fajardo and Mr. Yanza were honest environmental stewards, they’d recognize that Petroecuador, the state-owned oil company drilling in Ecuador for the past 16 years, is “Earth Enemy #1.” Petroecuador admits in its own records to being responsible for more than a 1,000 spills from 2002 through 2007.

Already denied by numerous court proceedings, Chevron vice president and general counsel Charles James recently highlighted Mr. Fajardo and Mr. Yanza’s bogus legal claims in an op-ed for the San Francisco Chronicle. The Wall Street Journal editorialized over the weekend wondering “…whose interests are served by a case that deflects attention from the real source of Ecuador’s pollution while burnishing the country’s reputation as a banana republic.”

Later, I had the chance to conduct a short interview with Chevron’s spokesmen Kent Robertson:

Steven Foley: Could we get your overall view of today’s protest rally in SF?

Kent Robertson: We respect people’s right to voice their opinion. We do believe, however, that an objective individual might not find very much common ground with what’s being said today. Ironically, the actions of these protestors on Earth Day is only providing cover to those who are causing real environmental damage – namely Petroecuador, the state owned oil company in Ecuador.

Steven Foley: Some groups are accusing Chevron of an “unabated assault on the Earth” which seems extremely harsh. Where is this sentiment coming from? And why do you think Chevron seems to be shouldering the blame or being the focus and not other companies?

Kent Robertson: We can’t speak to where the sentiment comes from, but we can speak to the facts: Chevron is the largest producer of geothermal energy in the world and a leading producer of renewable energy in the oil and gas industry.

Unfortunately, today’s protest will occur outside Chevron’s Energy Solutions (CES) subsidiary (http://www.chevronenergy.com/ ). This business unit provides public institutions and businesses with environmentally sound projects that increase energy efficiency and reduce energy costs. Put in perspective, CES has saved customers more than 177 million kilowatt-hours of electricity and 1.185 billion cubic feet of natural gas.

Meanwhile, Chevron has moved aggressively to reduce emissions within our own operations and improve efficiency, to the point where we are 27 % more energy efficient than in 1992.

Chevron is also investing in research, development and improved technology. Chevron has:

* Projected spending $2.5 billion 2007-09 on renewable and alternative energy and energy efficiency services

* Launched strategic research alliances with US government and academic institutions to develop second-generation biofuels (National Renewable Energy Laboratory, UC Davis, Texas A&M and Georgia Tech)

* A biofuels business unit created to advance technology and pursue commercial opportunities

* Invested in and operates the largest hydrogen fueling infrastructure in the US

Steven Foley: In an article at NewsBlaze entitled: Earth Day March/Rally Exposing Chevron- Earth Enemy #1 the following comment was raised; “Chevron is engaged in human right abuses and environmental crimes” what’s your reaction?

Kent Robertson: It’s a pretty broad and unsubstantiated statement. We believe that Chevron is a world class operator. Our operations help meet the energy needs of millions of people and Chevron plays a constructive and positive role in our host communities.
I’d also like to touch on the background on ne of the organizations behind today’s rally: Amazon Watch.

This organization purports to be an advocate for the Amazon and its people. However, during its 11-year existence, Amazon Watch has knowingly turned a blind eye to the real and acknowledged polluter in the Ecuadorian Amazon, Petroecuador. In the last five years alone, Petroecuador has recorded more than 1,000 spills. They are decades overdue in performing environmental clean-up, and their ongoing operations are making a bad situation worse. This is all documented fact, but oddly enough, Amazon Watch says nothing. Is it because they are funded by the attorneys pursuing the case against Chevron?

Steven Foley: Finally, could you comment on the status of the lawsuit and situation Chevron finds itself in Ecuador? My take is that Ecuador, her president, and other forces in the region are using certain groups in the region to perpetrate a fraud not only on Chevron but the international community as a whole!

Kent Robertson: You are spot on. Unfortunately what has occurred in the courtroom of Lago Agrio is that the interests of US personal injury lawyers, quasi-environmental groups, and the Government of Ecuador have converged. This has produced an environment where the mob mentality wins out over science, rule of law, and due process.

An objective evaluation of the facts shows that Texaco Petroleum behaved responsibly in Ecuador, that the Republic of Ecuador benefited handsomely, and that — since assuming the full ownership and operation of the oil fields – Petroecuador has proven to be unable to adequately perform the task. Meanwhile, for 15 years, American personal injury lawyers have attempted to cash in on the situation to the detriment of the environment and the people of the Ecuadorian Amazon.

In plain and simple terms this is a fraud that’s being perpetrated on an American company and the international community, falsely, in the name of environmentalism by agents pushing a socialist agenda (what else is new?). It’s just that simple… and it should be brought to light and exposed for what it is whenever and wherever possible!