-i- TO THE SUBROGATE PRESIDENT OF THE ... - Chevron

the claimed health effects they allege, such as the documented presence of fecal matter
in the water, malnutrition, lack of pre-natal care, and Petroecuador’s exclusive
operations in the former concession area since 1990. 1141
7.6 Although Chevron Bears No Duty to Offer Evidence, It Has Proven That
the Plaintiffs’ Case Is Devoid of Merit
Although Chevron bears no burden of proof in this case, the evidence it has
presented makes clear that the plaintiffs’ claims are devoid of merit and that the
plaintiffs cannot meet their burden of proof. In fact, the only competent scientific
evidence in the record is that submitted by Chevron, which was prepared by recognized
experts following rigorous protocols and working with accredited laboratories.
My client’s evidence is more fully detailed in the prior portions of this Chapter, but
among other things, Chevron’s nominated experts concluded that ninety-eight percent
of the pits remediated by TexPet met the RAP standards. 1142 They also established that
there is no significant risk to human health at the remediated sites. 1143 This was
confirmed by the independent settling experts in the case of Sacha-53, who found that
TexPet met its remediation requirements under its contracts with the Government of
Ecuador and that chemical substances were present in quantities “below the
permissible limits” for hydrocarbon activities. 1144 In addition, ninety-eight percent of the
pits remediated by TexPet still comply with the standards set by the Government of
Ecuador in the Settlement Agreement and the Final Acta, 1145 and a comprehensive risk
evaluation performed by Chevron’s nominated experts indicates that groundwater in the
former concession area does not pose any petroleum-related health risks to local
residents or workers. 1146 In the face of this evidence, plaintiffs have been forced to
1141 See KELSH, Michael A., McHugh, Thomas E., and Tomasi Theodore D., Rebuttal to Mr.
Cabrera’s Excess Cancer Death and Other Health Effects Claims, and His Proposal for a New Health
Infrastructure, attached as Appendix to Chevron’s Objections to Expert Cabrera’s Global Report, filed
Sept. 15, 2008, at 02:14 p.m., Record at 146371-146649, 146410-13, 146529-46; CONNOR, John and
LANDAZURI, Roberto, Response to Statements by Mr. Cabrera Regarding Alleged Impacts to Water
Resources in the Petroecuador-Texaco Concession Area, attached as Appendix to Chevron’s Objections
to Expert Cabrera’s Global Report, filed Sept. 15, 2008, at 2:14 p.m., Record at 148352-478, 148365,
148364-65, 148428-37; SANTACRUZ, Silvia, The other L.A., Forbes (Nov. 20, 2009) (Between 2000 and
2008, Petroecuador caused 1415 oil spills—which equates to an accident every two days).
1142 Chevron’s Objections to Expert Cabrera’s Global Report, filed Sept. 15, 2008, at 2:14 p.m.,
Record at 141082-203, 141090.
1143 Chevron’s Objections to Expert Cabrera’s Global Report, filed Sept. 15, 2008, at 2:14 p.m.,
Record at 141082-203, 141090.
1144 Settling Expert’s Report on Sacha-53, filed Feb. 1, 2006, at 5:00 p.m., Record at 92492-587,
92522.
1145 Chevron’s Objections to Expert Cabrera’s Global Report, filed Sept. 15, 2008 ,at 2:14 p.m.,
Record at 141082-203, 141090.
1146 For additional details, see Chevron’s Motion filed Sept. 16, 2010, at 4:35 p.m., § II.B.3.c.v, at
104-106.
CERT. INTERMARK VER: JD
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