PDF《litigation.》

TO THE HONORABLE PRESIDENT OF THE SOLE PROVINCIAL COURT 0F JUSTICE OF SUCUMBIOS: Pablo Fajardo Mendoza C In my capacity as Legal Representative for Maria Aguinda and others in lawsuit No.

02-2003, which is being pursued in this judicature against Chevron Corporation, previously Texaco, because of environmental damage, I appear and hereby submit the third part of the legal report, authorized under the applicable legal provisions for this phase of the suit and that were mentioned in your ruling of December 17, 2010. The second part of the plantiffs'

report provides a specialized, factual, and duly documented description of the way in which Chevron is responsible for the damage caused and still unresolved in the concession area. In this document, you Deputy President will find a detailed factual analysis of economic criteria which can be used for issuing a resolution or sentence in this litigation. The analysis of economic figures is broken down into categories of damages. This means that it encompasses the various components that are directly associated with the consequences of Texaco'

s operations in the Concession area. As you will see, all of the components or categories of environmental damage are also fully related or addressed in the plaintiffs'

claims in their lawsuit filed in May 2003. In addition to the above, the analysis also includes a review of various alternatives that could be implemented. The cost of redress varies in each case depending on the extent of environmental remediation. Honorable Deputy President, the plaintiffs in this case believe that this document will be of great use to you in making a decision or issuing a ruling in this case. TABLE OF CONTENTS I. INTRODUCTION II. SOIL AND GROUNDWATER DAMAGE REMEDIATION A. REMEDIATION COST ASSESSMENT B. CONTEXTUALIZING THE ENVIRONMENTAL CRISIS IN THE EASTERN REGION C. THE CONVENIENCE OF EXTRAPOLATION III. REMEDIATION ALONE BARELY BEGINS TO REPAIR THE ENVIRONMENTAL CRISIS CAUSED BY TEXACO C OTHER FORMS OF REDRESS FOR ENVIRONMENTAL DAMAGE ARE NECESSARY A. COMPENSATION FOR DAMAGE TO THE ECOSYSTEM AND LOSS OF RAINFOREST SERVICES 1. There is no question of the damage to the natural resources and that Chevron is responsible for such damages 2. There is a need to determine the amount of damages to restore the ecosystem B. FUNDING TO REDRESS ADVERSE IMPACT OF DECIMATION OF THE RAINFOREST ON INDIGENOUS TRIBES 1. Background of cultural damage as a result of Texaco'

s actions 2. Loss of territory 3. Loss of cultural identity 4. Loss of nutritional practices 5. Assessment of cultural damages 6. Chevron'

s cynical assumption of cultural impact IV. RETURN OF UNFAIR PROFIT A. THIS COURT HAS THE AUTHORITY TO AWARD UNJUST ENRICHMENT DAMAGES UNDER ECUADORIAN LAW AND THE PRINCIPLES OF UNIVERSAL LAW 1. Unjust enrichment is a category of damages recognized across South America and around the world as a matter of fairness and law. 2. The Ecuadorian Civil Code allows for an unjust enrichment remedy as a Principle of Universal Law, and Ecuadorian Courts have in the past awarded unjust enrichment damages B. CHEVRON SHOULD BE PRECLUDED FROM ARGUING THAT UNJUST ENRICHMENT IS NOT AN AVAILABLE REMEDY IN ECUADOR BECAUSE IT HAS MADE THAT ARGUMENT AND LOST. AT LEAST ONE COURT HAS FOUND THAT, UNDER ECUADOR LAW, TEXACO MAY BE HELD LIABLE FOR UNJUST ENRICHMENT DAMAGES C. THE PROPOSED UNJUST ENRICHMENT DAMAGES ARE REASONABLE AND WOULD CAUSE CHEVRON TO ACCOUNT FOR THE ILL-GOTTEN PROFITS IT HAS EARNED ii i 1. The costs that Texaco avoided by employing substandard remediation practices 2. Adjusting the avoided costs based on the probability of detection, processing, and final payment V. COMPENSATION FOR THE DEVASTATING EFFECTS ON PUBLIC HEALTH CAUSED BY TEXACO'