In this new-media world, it’s probably difficult to imagine that there are people who still have “water-cooler” chats about the latest exposé on 60 Minutes the way others do about the latest performances on American Idol, Dancing with Stars or Britain’s Got Talent. But I happen to be among the TV-watching luddites in this case.
Indeed, such was the case yesterday morning when I was party to a rather animated discussion on the segment of Sunday night’s program entitled “Amazon Crude.” It dealt with a $27 billion lawsuit that tribal Indians who live in a remote region of Ecuador have filed against Chevron for recklessly poisoning their pristine area of the rain forest with its oil exploration.
It will probably come as no surprise that my two liberal, lawyer colleagues were sympathetic to the plaintiffs’ claims and argued with moral indignation all of the strict liability, equitable reasons why they should prevail. For the sake of argument, however, I proffered Chevron’s presumptuous expectation that it should be able to rely on the adhesive contract it signed with a corporate-friendly Ecuadorian government years ago. Because this contract, allegedly, not only released it from all responsibility to clean up the pollution but also exempted it from all claims arising out of its search for oil.
Whatever the relative merits, I fully expect the Ecuadorian Judge hearing this case to rule for the Indians. Not least because of the substantive and demonstrable harm done to the rainforest, to say nothing of the unconscionable and irreparable harm done to the Indians (from oil pits that have contaminated the streams they rely on for drinking water).
Granted, this ruling will probably have a lot to do with the fact that Ecuador is now being governed by President Rafael Correa, a mini-Chavez for whom taking out Chevron is akin to Obama taking out Osama. But if you think political influence determines the outcome of court cases only in banana republics, I refer you to Bush v. Gore, US Supreme Court, 2000.
Speaking of Gore, I fear the global warming he keeps preaching about will destroy what’s left of the rain forest before the Indians collect one cent in damages. Nevertheless, they are fighting a good, heroic and necessary fight.
In any event, my colleagues were struck by the fact that this legal battle has been going on for over 16 years. They were even more incredulous that they knew nothing about it. After all, the scale of this classic exploitation of indigenous people and their natural resources … in the Amazon rainforest no less, makes it the largest environmental lawsuit in history. I demurred.
Specifically, I did not reveal that I was not only familiar with this legal battle but had actually published a commentary on it over three years ago. So here, with apologies to my colleagues, is a link to that commentary: Ecuador’s indigenous people fight to reclaim ancestral land
The judge is expected to hand down his ruling within weeks….
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