Who will pay for Amazon's 'Chernobyl'?

A film released this week in Britain recounts the 16-year battle by Ecuadorians for damages against Chevron for oil pollution

A A A

It's barely eight in the morning and already the dusty oil town of Lago Agrio, on the fringes of the Ecuadorian Amazon, is sweltering. Its name means "sour lake" in Spanish, after the hometown of Texan oil company Texaco – a fitting name for an area of once-pristine rainforest that has been decimated in the pursuit of oil. So severe is the environmental damage here that experts have called it an "Amazon Chernobyl".

But the people of Lago Agrio and its surrounding area have been fighting back. Sixteen years ago, 30,000 Ecuadorians began legal action against the US oil company – now owned by Chevron – they hold responsible. Early this year, from the town's tiny courtroom, a lone judge will deliver a verdict on their class-action case. If the judge rules in favour of the Ecuadorians, Chevron could face damages of $27.3bn (£17bn), making it the biggest environmental lawsuit in history.

This week, while both sides await the verdict, a fly-on-the-wall documentary about the case goes on release in Britain. Called Crude, it is directed by Joe Berlinger, whose movie Metallica: Some Kind of Monster charted the band's travails.

Crude tells a story more complex than even that, and it began when Steve Donziger, a lawyer acting for the Ecuadorians, arrived at the film-maker's office. "The story the lawyer told me was indeed shocking," said Berlinger.

In the words of the film's producers, the claim was "that from the mid-1960s until the early 1990s, Texaco (now Chevron) dumped 18 billion gallons of toxic waste and formation water directly into streams, rivers, and the jungle floor; that nearly 18 millions of crude oil was spilled and leaked from pipelines, that more than 235 billion cubic feet of natural gas was burned into the atmosphere, and that nearly 1,000 unlined toxic waste pits were built throughout the region."

A Chevron spokesperson said: "What is being missed, even by well-intentioned people, is that the responsibility for the lack of potable water, insufficient access to proper health care, and malnutrition now affecting the people of the Oriente lies squarely with the government of Ecuador, which has failed to properly address these serious challenges for decades." The company says there is no increased incidence of cancers in the oil-producing areas, that "poor sanitation" contributes to local health issues, and adds that the film is "long on emotion, short on fact", something Berlinger denies.

Within a few days of Berlinger's trip to Ecuador, he realised that the case was virtually demanding to be made into a film. "I noticed a group of indigenous people sitting by the riverbank, preparing a meal by an open fire using processed tuna fish from a big industrial-sized can that came from another corner of the world. They were eating this canned tuna because the fish that swam in their river, which had fed these proud people for millennia, were dead."

Crude is a head-on culture clash bursting with strong personalities where brash US lawyers on both sides are at loggerheads, and Ecuador's indigenous – incongruous in New York with their traditional dress and warpaint – are carefully coached to fight their case in a foreign system. When Sting and wife Trudie weigh in to add the requisite celebrity factor, Berlinger catches strident New York lawyer on the Ecuadorian side, Steven Donziger, prepping Trudie before her spiel in front of the cameras.

But it's the earnest Pablo Fajardo, a 37-year-old Ecuadorian lawyer representing 30,000 local and indigenous Ecuadorians known as Los Afectados (the affected ones), who emerges as the real star. One of 10 children born to a poor family on the Ecuadorian coast, Fajardo moved to the nearby oil town of Shushufindi near Lago Agrio aged 14. A labourer turned human rights activist turned lawyer, the Chevron battle is his first case.

Fresh-faced and dressed in shorts, white T-shirt and trainers, he welcomes me into his small office in Lago Agrio, where piles of neatly stacked and numbered A4 envelopes fill a floor-to-ceiling shelving unit covering the whole of one wall.

He smiles wryly at the paper mountain: "We now have around 80,000 soil and water samples from the affected areas – more than any other trial in the world. At least 50,000 of those results were produced by Chevron's own scientists or technicians and most reveal illegally high levels of toxic chemicals and crude."

Chevron, which took over Texaco nine years after its operations in Ecuador were taken over by Petroecuador, denies responsibility for the damage. A Chevron spokesperson said: "Regrettably, Crude has only scratched the surface of the Ecuador story – it is long on emotion but short on fact. We recognise that the people of the Oriente face legitimate health concerns. Where we part company with the film-maker is about responsibility. The health issues in the Oriente are not related to Texaco Petroleum's former operations."

In 1998 Texaco were granted release from liability by the Ecuadorian government, having spent $40bn on, "remediation work". This settlement protects Chevron from any future government claims but does not protect it from other third-party claims.

The claimants consider the clean-up work performed by Texaco to be unsatisfactory, and cleaned only a small fraction of the hundreds of abandoned waste pits which Texaco had created, without touching the polluted groundwater, rivers and soil. For each oil well drilled, two to five accompanying waste pits were dug directly into the ground to dump the toxic sludge of drilling muds, waste oil and chemical-laced "produced waters" that come out of the ground when drilling for oil.

While waste pits might be standard practice, leaving them open, unlined and then abandoning them untreated certainly isn't. The clean-up deal struck between a Texaco lawyer and the Ecuadorian government is widely interpreted as an implicit admission that the concession area was unacceptably polluted.

Personal testimonies from locals allege that "remediation" sometimes involved little more than shoving soil over the toxic pits, a measure US consulting lawyer for the plaintiffs, Steven Donziger, has likened to "curing skin cancer with make-up".

Fajardo said: "Imagine a family living next to one of the waste pits Chevron has promised is clean. This family trusts the company and starts growing crops and digging wells for drinking water but in reality virtually nothing has been done. It's a huge problem."

Later that afternoon I'm taken on what Fajardo wryly dubs the "toxi-tour" – a visit to several of the nearby pits around Lago Agrio with Donald Moncayo Jimenez, one of the group leaders for the afectados. Jimenez digs down into one of the waste pits close to the Lago-2 oil well using a long metal pole. After only a metre or so below the surface, the soil changes unequivocally to crude. "This pit is one of those remediated," says Jimenez. It doesn't take a scientist to smell the gassy reek of oil, or see the rainbow slicks of oil floating on the top of the pools of water in a nearby garden. He points to a tube sticking out of another former pit. "These siphons were put into almost all the pits so when they got full from oil waste and rain, the excess would just run out into the forest." This particular siphon empties over one man's land and then drains into a stream. Five minutes downstream we see children bathing in the same waters.

Fajardo hands me a book entitled The Words of the Rainforest, a detailed study into the impact of Texaco's drilling. It contains similar personal testimonies from focus groups conducted with those affected. One man describes how a new road sliced his smallholding in two and an oil well was dug either side. Toxic waste pits were dug metres from people's houses, overflowing on to their crops when it rained. A raft of complaint letters are logged from the local authorities to Texaco as early as 1973, warning the company that produced waters were being discharged untreated directly into the rivers used for bathing and drinking. Farmers report that their animals would fall into the unfenced waste pits and die.

But what of Chevron's other claim that, after nearly 20 years of state oil company Petroecuador running the concession, the damage visible today isn't theirs? "We are not defending Petroecuador. Nobody is saying that Chevron should be accountable for Petroecuador's damage. They must each answer to their own damages and, contrary to what Chevron say, it is easy to separate the two."

Almost all the afectados live within 500m of a leaky pit and many of the chemicals, such as benzene and chromium, seeping out the pits are known carcinogens.

Fajardo shows me a map of the northern Amazon, covered with a rash of red dots demarking oil wells. "San Carlos is an area with a high concentration of oil wells," he said, pointing out an area riddled with dots. "Many of the 30,000 live here and cancer rates are very high."

Shushufindi, where Fajardo himself has lived for more than 20 years, is another town blighted by wells. Spikes in stomach and uterine cancer cases have been recorded, as well as high rates of miscarriages, birth defects and childhood leukaemia. And the closer people live to an oil well, the greater the incidence of problems. "Cancer rates here are at least triple those found elsewhere in Ecuador." Court-appointed experts, says Fajardo, have attributed 1,400 excess cancer deaths to Texaco's oil operations.

Even if the case goes their way, the claimants won't personally receive a single cent, any award instead going on carrying out a proper remediation, on health services, and for installing clean water systems. But, although the lawsuit is due to reach a verdict soon, according to Berlinger, Chevron has promised a "lifetime of litigation" and observers estimate that, with appeals, it could continue for at least another 10 years.

Suggested Topics
News
Ben Little, right, is a Labour supporter while Jonathan Rogers supports the Green Party
general election 2015
News
The 91st Hakone Ekiden Qualifier at Showa Kinen Park, Tokyo, 2014
news
Life and Style
Former helicopter pilot Major Tim Peake will become the first UK astronaut in space for over 20 years
food + drinkNothing but the best for British astronaut as chef Heston Blumenthal cooks up his rations
News
Kim Wilde began gardening in the 1990s when she moved to the countryside
peopleThe singer is leading an appeal for the charity Thrive, which uses the therapy of horticulture
Have you tried new the Independent Digital Edition apps?
Sport
Alexis Sanchez celebrates scoring a second for Arsenal against Reading
football
Life and Style
health
Voices
An easy-peel potato; Dave Hax has come up with an ingenious method in food preparation
voicesDave Hax's domestic tips are reminiscent of George Orwell's tea routine. The world might need revolution, but we like to sweat the small stuff, says DJ Taylor
News
i100
News
Japan's population is projected to fall dramatically in the next 50 years (Wikimedia)
news
Life and Style
Buyers of secondhand cars are searching out shades last seen in cop show ‘The Sweeney’
motoringFlares and flounce are back on catwalks but a revival in ’70s car paintjobs was a stack-heeled step too far – until now
  • Get to the point
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
iJobs Job Widget
iJobs General

Recruitment Genius: Project Implementation Executive

£18000 - £23000 per annum: Recruitment Genius: They work with major vehicle ma...

Recruitment Genius: Chiropractic Assistant

£16500 per annum: Recruitment Genius: A Chiropractic Assistant is needed in a ...

Recruitment Genius: Digital Account Executive - Midlands

£18000 - £26000 per annum: Recruitment Genius: They work with major vehicle ma...

Recruitment Genius: Web Developer

£28000 - £30000 per annum: Recruitment Genius: This company provides coaching ...

Day In a Page

NHS struggling to monitor the safety and efficacy of its services outsourced to private providers

Who's monitoring the outsourced NHS services?

A report finds that private firms are not being properly assessed for their quality of care
Zac Goldsmith: 'I'll trigger a by-election over Heathrow'

Zac Goldsmith: 'I'll trigger a by-election over Heathrow'

The Tory MP said he did not want to stand again unless his party's manifesto ruled out a third runway. But he's doing so. Watch this space
How do Greek voters feel about Syriza's backtracking on its anti-austerity pledge?

How do Greeks feel about Syriza?

Five voters from different backgrounds tell us what they expect from Syriza's charismatic leader Alexis Tsipras
From Iraq to Libya and Syria: The wars that come back to haunt us

The wars that come back to haunt us

David Cameron should not escape blame for his role in conflicts that are still raging, argues Patrick Cockburn
Sam Baker and Lauren Laverne: Too busy to surf? Head to The Pool

Too busy to surf? Head to The Pool

A new website is trying to declutter the internet to help busy women. Holly Williams meets the founders
Heston Blumenthal to cook up a spice odyssey for British astronaut manning the International Space Station

UK's Major Tum to blast off on a spice odyssey

Nothing but the best for British astronaut as chef Heston Blumenthal cooks up his rations
John Harrison's 'longitude' clock sets new record - 300 years on

‘Longitude’ clock sets new record - 300 years on

Greenwich horologists celebrate as it keeps to within a second of real time over a 100-day test
Fears in the US of being outgunned in the vital propaganda wars by Russia, China - and even Isis - have prompted a rethink on overseas broadcasters

Let the propaganda wars begin - again

'Accurate, objective, comprehensive': that was Voice of America's creed, but now its masters want it to promote US policy, reports Rupert Cornwell
Why Japan's incredible long-distance runners will never win the London Marathon

Japan's incredible long-distance runners

Every year, Japanese long-distance runners post some of the world's fastest times – yet, come next weekend, not a single elite competitor from the country will be at the London Marathon
Why does Tom Drury remain the greatest writer you've never heard of?

Tom Drury: The quiet American

His debut was considered one of the finest novels of the past 50 years, and he is every bit the equal of his contemporaries, Jonathan Franzen, Dave Eggers and David Foster Wallace
You should judge a person by how they peel a potato

You should judge a person by how they peel a potato

Dave Hax's domestic tips are reminiscent of George Orwell's tea routine. The world might need revolution, but we like to sweat the small stuff, says DJ Taylor
Beige is back: The drab car colours of the 1970s are proving popular again

Beige to the future

Flares and flounce are back on catwalks but a revival in ’70s car paintjobs was a stack-heeled step too far – until now
Bill Granger recipes: Our chef's dishes highlight the delicate essence of fresh cheeses

Bill Granger cooks with fresh cheeses

More delicate on the palate, milder, fresh cheeses can also be kinder to the waistline
Aston Villa vs Liverpool: 'This FA Cup run has been wonderful,' says veteran Shay Given

Shay Given: 'This FA Cup run has been wonderful'

The Villa keeper has been overlooked for a long time and has unhappy memories of the national stadium – but he is savouring his chance to play at Wembley
Timeless drama of Championship race in league of its own - Michael Calvin

Michael Calvin's Last Word

Timeless drama of Championship race in league of its own