Two weeks ago U.S. District Judge Lewis Kaplan issued the latest federal court decision in the long-running litigation against Chevron Corporation by residents of Ecuador’s Oriente province, part of that nation’s Amazon region.1 Previous columns (“The Second Circuit ‘Texaco’ Decision,” Oct. 23, 1998, and “A Most Inconvenient Forum,” April 23, 2010) described the first two chapters of the residents’ attempt to recover damages for the widespread pollution of tropical forest by Texaco Petroleum Inc. (now a Chevron subsidiary) and to compel Chevron to remediate the remaining groundwater, soil and forest pollution from operations that Texaco had conducted from 1964 through 1992 in partnership with Petroecuador, an Ecuadorian government agency.
This column reviews the extraordinary third chapter of this dispute, which has important lessons for environmental lawyers, transnational corporations, developing country governments, the State Department and U.S. federal courts.
Background
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