Fifth Judge for Chevron Amazon hearing withdraws

Judge Juan Nunez has recused himself in the case which focuses around claims that Chevron has been environmentally irresponsible in Ecuador’s Amazonian rainforest. He is the fifth judge to leave the case. While he refuses to discuss the reasons he has disqualified himself from giving judgment in the case, there has been a flurry of claim and counterclaim around Chevron’s release of video in which he appears to say to members of the ruling Alianza Pais party that he will decide against Chevron, although judgment is not due to be given until October.

Chevron further alleges Nunez was to be given a $15 million ‘commission’ by the party, for deciding against the oil company. Judge Nunez says the video was manipulated – Chevron say it was not and that they will bring a counter-case against him for corruption.

$27 billion at stake

The claims run from 1964-1990, and are aimed at Texaco, who operated the Ecuadorian oil extraction plants until Chevron bought them in 2001. They have been brought by a number of tribes and indigenous communities in the region, who say that they hope to win costs of up to $27 billion and that they will pursue payment up to and including seizing Chevron assets in the USA.

President Correa has been outspoken in his condemnation of the oil companies who won contracts in his country before his election and many of them are reconsidering their relationship with Ecuador in light of his comments that Texaco were guilty of ‘crimes against humanity’.

No international court for the environment

However there are wider tensions around the relationship between oil companies and the countries in which their extraction operations are based and because there is no international environmental court, and because the International Court of Justice can only adjudicate between states, not between states and corporate entities, such tensions are not amendable to international law. While one side claims that companies are always looking for new regions to exploit simply because they do not have to pay the full cost of their environmental depredations, the companies point to the infrastructure development and jobs that result from their presence.

Meantime, if Judge Nunez is allowed to recuse, a sixth judge will have to be found.

Amazonian tree by 88rabbit at Flickr under a creative commons licence

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