Ecuador Seeks Damages from Chevron Oil Spill

Chevron Corp. (CVX) is facing its first test of whether farmers and fishermen from the Amazon rainforest will collect $19 billion in environmental damages from the world’s fourth-largest oil company.

A group of 47 Ecuadoreans have asked Ontario’s Superior Court of Justice to seize Chevron assets in Canada, ranging from an oil sands project to offshore wells, to satisfy a 2011 court ruling in the Latin American nation that ordered the company to pay for oil pollution dating to the 1960s. Chevron said the Ecuadorean judgment is outside Ontario’s jurisdiction and that the ruling resulted from bribery and fraud.

A hearing in Toronto today marks the Ecuadoreans’ inaugural step in a global collection effort that includes seizure attempts in Argentina and Brazil. The Ecuadoreans estimated Chevron has $12 billion in Canadian assets, a figure that equates to almost half of the company’s 2011 profit. An adverse Ontario ruling for Chevron would put at risk fuel-manufacturing and oil-production operations across Canada.

Robert Sweet, who helps manage $150 million at Horizon Investment Services in Hammond, Indiana, said it is a cause for concern, and as with all ecological disasters will take a long time to resolve.

The company’s presence in Canada dates back to the 1930s and includes an oil-refining complex in British Columbia, an Alberta oil-sands venture, offshore wells in the Atlantic Ocean, and cash held in Canadian bank accounts.

Every Strategy

San Ramon, California-based Chevron was on the losing side of last year’s ruling by a provincial Ecuadorean court that blamed decades of toxic soil and water contamination on Texaco Inc., which Chevron acquired in 2001. Texaco was found to have discharged into the environment saltwater and other byproducts of oil drilling. Texaco quit the country and its equipment was taken over by the Ecuadorean state oil company in 1992.

The $19 billion ruling handed down last year by a court in Lago Agrio, a town near Ecuador’s border with Colombia, held Chevron accountable for health and environmental damages resulting from chemical-laden wastewater dumped from 1964 to 1992.

The Ecuadorean plaintiffs, from the remote northern Amazon River basin, are seeking enforcement of the judgment outside their home country because Chevron has no refineries, oil wells, storage terminals or other properties in the nation. Pablo Fajardo, their lead lawyer in Ecuador, said during a February 2011 conference call with reporters he would use every strategy and manner at his disposal to collect the award.

Corporate Veil

In a Nov. 23 filing, Chevron argued the Ontario court has no jurisdiction to grant the Ecuadorean judgment because the company’s Canadian units are indirect subsidiaries with independent boards separated from the U.S. parent by several levels of ownership.

The Ecuadoreans face an “uphill battle” because they must convince the court that Chevron and its Canadian operations should be treated as one entity rather than separate companies, said Barry Leon, a partner and head of the international arbitration group at Perley-Robertson, Hill & McDougall LLP in Ottawa.

Chevron rose 0.8 percent to $106.35 at 9:35 a.m. in New York today. The shares have increased 9.1 percent in the past year.

Pending Arbitration

According to Chevron Chairman and Chief Executive Officer John Watson, the Ecuadoreans’ lawyers have blackmailed judges, bribed judges, falsified evidence, falsified expert witnesses, ghostwritten expert opinions and ghostwritten court judgments. If the plaintiffs were confident in the “integrity” of the ruling, they would seek enforcement in U.S. courts with jurisdiction over the parent company, Kent Robertson, a company spokesman, said in an e-mailed statement.

Alan Lenczner, the Toronto attorney from the firm Lenczner Slaght Royce Smith Griffin LP representing the Ecuadoreans, when reached by phone declined to comment on the case.

Leon said  it is likely that the initial decisions will be appealed.

Chevron doesn’t disclose how much it spends on legal fees.

The Hague

Chevron is awaiting a ruling in a related case before the Permanent Court of Arbitration, the 113-year-old panel based in The Hague that handles trade disputes between corporations and nations. Chevron filed the arbitration claim in 2009, accusing the government of Ecuador of reneging on a 1998 contract that absolved Texaco of Amazonian pollution claims. Three days of hearings in the case concluded yesterday, Robertson said.

Chevron’s campaign to avoid payment suffered a setback last month when the U.S. Supreme Court upheld a lower-court decision that rejected the company’s request for a pre-emptive block on collection efforts in Chevron’s home country. The lower court had ruled that it didn’t have authority to thwart payment when the Ecuadoreans hadn’t yet filed such a claim in the U.S.

Unfair Influence

Following the filing of their Canadian seizure request in May, the Ecuadoreans sought similar forfeitures in a Brazilian tribunal in June and in Argentina earlier this month. A judge in Buenos Aires ordered some Chevron bank deposits held in escrow while the case is pending, Enrique Bruchou, a lawyer for the Ecuadoreans, said in an interview on Nov. 7.

Today, in paid statements published in two Argentine newspapers, Chevron urged the local court to release its money from escrow and indicated the company intends to pursue a legal defense identical to that employed in Canada. “Chevron Argentina has never had operations in Ecuador and has no relation with the fraudulent trial in Ecuador,” the company said in the newspapers Clarin and La Nacion.

Transparency International

Chevron has accused the Ecuadorean government of unfairly influencing court proceedings that led to the $19 billion ruling and alleged that a damage assessment provided by a court- appointed expert was ghostwritten by consultants and lawyers hired by the plaintiffs.

Lawyers for the Ecuadoreans including Stephen Donzinger have accused Chevron of engaging in a campaign to discredit them, entrap an Ecuadorean judge that presided over the case and set up dummy corporations in Ecuador to hide Chevron’s alleged role in testing soil samples from the pollution sites.

Ecuador ranked 120th out of 183 nations in Transparency International’s 2011 corruption-perception index, where No. 1 New Zealand is perceived to be the most honest. Albania, Liberia and Lesotho were perceived as less corrupt than Ecuador, according to the index.

In February 2011, Chevron filed a racketeering lawsuit that’s ongoing against the Ecuadoreans and their lawyers in New York for “leading a fraudulent litigation and PR campaign against the company.”

Exxon Mobil Corp. (XOM) is the world’s biggest oil company by market value, followed by PetroChina Company Ltd. and Royal Dutch Shell Plc (RDSA), according to data compiled by Bloomberg.

Richmond Refinery Repaired with New Chrome Alloy

story first appeared on mercurynews.com

RICHMOND -- Chevron will use chrome alloy to replace all the piping in the sections of its Richmond refinery that were damaged in an Aug. 6 fire that hobbled the fuel factory and curtailed its production, the energy giant said in a letter it released Wednesday.

The chrome alloy pipes could address one of the key issues that contributed to the fire. Chevron has notified industry officials that thinning and corrosion in pipes at the refinery may have caused pipe failures ahead of the accident and fire, according to the letter issued by Nigel Hearne, general manager of the Richmond refinery. Hearne sent his letter to the city of Richmond and the Bay Area Air Quality Management District. The new chrome alloy pipes are constructed of similar materials to that of ball screws. Ball Screw Repair specialists know the value of product materials and the benefit of precision craftsmanship.

The fire knocked out the refinery's crude unit No. 4, which processes and distills crude oil and is deemed to be the heart of the plant. Since the fire, the Chevron refinery has been operating at around 60 percent capacity and has primarily blended gasoline.

Hearne wrote in the letter that he is optimistic they can com plete the planned repairs and restart in the first quarter of 2013.

San Ramon-based Chevron intends to replace damaged support structures, pressure vessels, tanks and pumps, along with the chrome alloy pipe replacement. The company also intends to repair the cooling tower, motor control center, and fix an array of instruments and electrical systems.

City manager Bill Lindsay said it was helpful to have the planned repairs laid out. He said they'd continue evaluating permit applications and hoped to process permits expeditiously.

City officials also were encouraged about the Chevron plans to replace the pipes that may have corroded with pipes made with chrome alloy. Chrome is often used in manufacturing Walk-in Coolers and other refrigeration equipment because it resists rust.

Lindsay also said that the new materials in Chevrons pipe replacement is significant. From what he understands, they are created with materials better suited for the conditions that lead to the accident.

United Steelworkers Local 5, which represents 600 employees at the Chevron refinery, is also following the repair and replacement efforts closely.

Mike Smith, a representative for Local 5 said their main focus is safety. Specifically, he said, the safety of the workers, the environment and the community. If he feels things are going the wrong way, he assures he'll be vocal.

The refinery has the capacity to handle 244,000 barrels of crude oil a day. Soon after the fire knocked the refinery offline, gasoline prices spiked in the Bay Area. Prices have retreated somewhat since then, however. The refinery's restoration could offer welcome relief for California drivers since the plant is one of the largest refineries in the nation.

The average price of gasoline was $3.94 a gallon on Thursday, which was 2.1 percent above the $3.86 average price in the hours before the early August fire. When Bay Area prices rocketed to a record high average of $4.70 a gallon in early October, those per-gallon prices were about 22 percent higher than the fire.