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Inc. (“Fugro-McClelland”) 880 to obtain an independent assessment of the environmental conditions in the former concession area. Taken together, the HBT AGRA and Fugro- McClelland audits provide the most accurate assessment of the environmental impacts that may have resulted from TexPet’s operations. In October 1993, after completing its fieldwork, HBT AGRA prepared a twovolume draft Environmental Assessment Report. It concluded that there was little evidence of widespread or unconfined contamination either in the surface or subsurface soil. 881 It also found little evidence of subsurface contamination migration beyond the boundaries of the production stations and wellsites, because the impervious clayey soil of the area largely prevented contamination from moving away from the pits and ponds. 882 With respect to water, HBT AGRA found little evidence of contamination of groundwater (i.e., subsurface water) that might serve as a drinking water supply. 883 Furthermore, HBT AGRA found that, as the Consortium’s Operator, TexPet had adhered to standard industry practices of the time related to environmental management. 884 In the end, it estimated a cost of US$13,274,000 to remediate spills and pits at the 22 production stations and 163 well sites that it had assessed. 885 In 1992, Fugro-McClelland performed both a quality assurance/quality control (“QA/QC”) assessment of HBT AGRA’s work 886 and a parallel audit of environmental 880 Fugro-McClelland (West), Inc. is part of Fugro N.V., an international company based in The Netherlands that provides geotechnical, engineering and other services to various industries, including the oil and gas industry. 881 HBT AGRA Limited, Environmental Assessment of the Petroecuador-Texaco Consortium Oilfields, Volume I: Environmental Audit Report, dated October 1993, at § 8.6, Record at 10784v-11029 (10860, 10861v). 882 HBT AGRA Limited, Environmental Assessment of the Petroecuador-Texaco Consortium Oilfields, Volume I: Environmental Audit Report, dated October 1993, at § 8.6, Record at 10784v-11029 (10861v). 883 Indeed, HBT AGRA found “groundwater samples from domestic water wells and springs . . . to be near or below the assessment criteria standards.” HBT AGRA Limited, Environmental Assessment of the Petroecuador-Texaco Consortium Oilfields, Volume I: Environmental Audit Report, dated October 1993, at § 8.6, Record at 10784v-11029 (10861v). 884 HBT AGRA Limited, Environmental Assessment of the Petroecuador-Texaco Consortium Oilfields, Volume I: Environmental Audit Report, dated October 1993, at § 5.6.2, Record at 10784v-11029 (10819v-20v). 885 HBT AGRA Limited, Environmental Assessment of the Petroecuador-Texaco Consortium Oilfields, Volume II: Environmental Management Plan, dated Oct. 1993, at § 4.3.2, Record at 11032-99, 11067-67v. 886 Fugro-McClelland (West), Inc., Final Joint Environmental Field Audit of Petroecuador-Texaco Consortium, Quality Assurance/Quality Control (QA/QC) HBT AGRA Ltd. Fieldwork Oriente Ecuador dated September 1993, attached as Annex 45 to Chevron’s Motion filed Sept. 16, 2010 at 4:35 p.m., at 4, . CERT. INTERMARK VER: JD - 197 -
conditions and liabilities within the Consortium’s oilfields. 887 Fugro-McClelland concluded that HBT AGRA’s environmental assessment practices were generally acceptable, but that TexPet was responsible for only a portion of the identified hydrocarbon contamination because of the presence of new contamination that had occurred after Petroecuador took over operations in 1990. 888 Fugro-McClelland also 889 found no evidence of any groundwater contamination. Fugro-McClelland recommended certain remediation and restoration measures, including cleanup of spills associated with residential base camp activities, well site activities, production stations, and pipeline leaks; proper closure of pits; and modification of produced water management practices. 890 The estimated cost of the remediation recommended by Fugro-McClelland was US$8,482,000. 891 These two contemporaneous audits performed shortly after TexPet completely ceased operations in the Consortium thus found that the environmental impacts in the former Consortium area were manageable and were the normal result of oil operations at the time. Indeed, they found that remediating the entire concession area would cost only a fraction of the amount claimed by the plaintiffs in this litigation, and less than what TexPet actually spent remediating forty percent of the area in exchange for a full release of all environmental claims. In sum, these reports demonstrate that there was no widespread environmental disaster and that any contamination existing today is not Chevron's responsibility. TexPet fulfilled its remedial obligations arising from the Consortium’s operations: 892 As detailed in Chevron’s filings of September 16, 2010 at 4:35 p.m. and October 29, 2010 at 5:20 p.m., based upon the findings of the contemporaneous audits, TexPet entered into a series of settlement agreements with several local governments, Petroecuador, and the Republic of Ecuador. 887 Fugro-McClelland (West), Inc., Final Environmental Field Audit For Practices 1964-1990 Petroecuador-Texaco Consortium, Oriente, Ecuador, dated October 1992, at § 1.2.1, Record at 10642v- 10782 (10649). 888 Fugro-McClelland (West), Inc., Final Environmental Field Audit for Practices 1964-1990 Petroecuador-Texaco Consortium, Oriente, Ecuador, dated October 1992, at § 7.1, Record at 10642v- 10782 (10726-10727v). 889 Fugro-McClelland (West), Inc., Final Environmental Field Audit for Practices 1964-1990 Petroecuador-Texaco Consortium, Oriente, Ecuador, dated October 1992, at § 6.4.4, Record at 10642v- 10782 (10697). 890 Fugro-McClelland (West), Inc., Final Environmental Field Audit for Practices 1964-1990 Petroecuador-Texaco Consortium, Oriente, Ecuador, dated October 1992, at § 7.1, Record at 10642v- 10782 (10726). 891 Fugro-McClelland (West), Inc., Final Environmental Field Audit for Practices 1964-1990 Petroecuador-Texaco Consortium, Oriente, Ecuador, dated October 1992, at § 7.3, Record at 10642v- 10782 (10731-10732). 892 For additional discussion of remediation requirements, see Chevron’s Motion filed Sept. 16, 2010, at 4:35 p.m., § II.B.3.b, at 69-85. CERT. INTERMARK VER: JD - 198 -
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TO THE SUBROGATE PRESIDENT OF THE P
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3.4.3 Mr. Cabrera’s Fieldwork Was
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7.3.1 Plaintiffs Have Failed to Pro
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the arguments in the Cabrera Report
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negligence where TexPet was directl
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they not only secretly conspired us
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has repeatedly shown to be corrupte
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plaintiffs’ egregious and fraudul
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to annul the rulings of Judge Núñ
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filed on September 16, 2010 at 5:15
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after the conclusion of the evident
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conditions in the Amazon region rel
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during Consortium operations, Chevr
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alleged liability and obligations w
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the basis of Article 2260 of the Ci
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1.1 Chevron Never Operated in Ecuad
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Plaintiffs allege that this corpora
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in the complaints in the[] U.S. act
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If the plaintiffs had timely sued T
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2.1 The Plaintiffs Submitted Fabric
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As Dr. Calmbacher’s testimony ind
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were “choreographed”; just “a
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in working clandestinely and in col
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Rather, he worked alongside, and on
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During this meeting of March 3, 200
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course you really have to be comfor
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David Mills, another of plaintiffs
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consultants—it can no longer be c
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ecome the Cabrera Report, a note ob
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assembled a team of experts” beca
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And even Mr. Donziger himself predi
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from the supplemental report’s an
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Mr. Cabrera repeatedly promised to
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• Mr. Cabrera breached his obliga
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Second, to exaggerate his volume fi
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headquarters in Quito. The recordin
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(viii) The award will be made in pa
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Chevron which are unreasoned, viola
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complete investigation, particularl
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was submitted, Mr. Donziger told th
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this case by completely dismissing
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mechanism—a second, ad hoc eviden
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attempted to confirm, it recognized
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equested that Judge Ordóñez be re
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protocols for analyzing samples tak
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The plaintiffs first tried, in Janu
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Accordingly, Chevron opposed the re
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possibility to defend itself, refut
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seen conceding in the Crude outtake
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eport could be analyzed by the cour
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lacked those qualifications. Indeed
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and the installation of geomembrane
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guessing . . . always confused.”
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samples of doubtful origin and inad
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Indeed, although Mr. Cabrera stated
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degree of scientific certainty that
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pathways”-to “recommend that th
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ecommended an economic value of bil
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Chevron also invoked its constituti
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postponed a decision. 497 For insta
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“was not engaging in any exercise
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jurisdiction over Chevron. Then, as
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hasten a large judgment against Che
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Mr. Berlinger recently corroborated
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with him.” 536 The plaintiffs eve
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has “the most ridiculous legal cu
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Government “already [knew] about
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gathering evidence” against Chevr
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amount of money, and there are no a
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ecommended dismissal of the 2003 cr
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to settle the civil case. 608 Docum
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that the Government was managing Ju
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essential formalities with nullity
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4.2 Nullity Due to This Court’s L
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oth on the provisions of the Civil
Page 151 and 152: 4.4 Nullity Due to the Lack of Lega
Page 153 and 154: The common legal representative’s
Page 155 and 156: continue to hear [the case] until t
Page 157 and 158: the right to bring all indivisible
Page 159 and 160: Each municipal suit was settled in
Page 161 and 162: Like the local governments, the Gov
Page 163 and 164: These services were to be administe
Page 165 and 166: 5.2.4 The Settlement Agreements Sig
Page 167 and 168: elease collective claims based on t
Page 169 and 170: effect of administrative acts “is
Page 171 and 172: i.e., to the inability to anticipat
Page 173 and 174: This was expressly acknowledged by
Page 175 and 176: plaintiffs’ alleged claims, it co
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Page 181 and 182: Article 43 created a new course [si
Page 183 and 184: plaintiff shall not amend it, nor s
Page 185 and 186: Because the complaint sought compen
Page 187 and 188: category of damages we possibly can
Page 189 and 190: ecovery for such a claim must go di
Page 191 and 192: v. “Recovery of the land and cult
Page 193 and 194: Plaintiffs’ argument is wrong on
Page 195 and 196: damages, based on conduct preceding
Page 197 and 198: 7.2 Plaintiffs Have Failed to Prove
Page 199 and 200: tripled the requested damages from
Page 201: damages. Moreover, the new reports
Page 205 and 206: ing them below 1,000 mg TCLP-TPH pe
Page 207 and 208: The areas remediated by TexPet requ
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Page 213 and 214: None of this could have been a surp
Page 215 and 216: with TexPet. 927 In September 2007,
Page 217 and 218: excess of what any similar remediat
Page 219 and 220: plaintiffs’ proposed plans to ins
Page 221 and 222: extra petita. In all events, any su
Page 223 and 224: epresentative of the Frente—the n
Page 225 and 226: establish a causal connection betwe
Page 227 and 228: Stratus, the paid consultants hired
Page 229 and 230: eached by disregarding the data pro
Page 231 and 232: As the Government had intended, col
Page 233 and 234: equests for damages. 1021 For examp
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Page 237 and 238: Agreement, Scope of Work, and RAP,
Page 239 and 240: detected. However, none of these co
Page 241 and 242: contamination. 1050 This Court shou
Page 243 and 244: enrichment for the victim.” 1062
Page 245 and 246: accord, and acknowledge that a clai
Page 247 and 248: In any event, even if an unjust enr
Page 249 and 250: Second, since TexPet already undert
Page 251 and 252: • With regard to pit remediation,
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away from the figures” in the pla
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maintained, and corroded pipelines.
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the claimed health effects they all
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Article 7(20) of the Civil Code pro
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3. As Your Honor is aware since it
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g) Total lack of effective and time
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