Indigenous Peruvians Win Appeal in Federal Human Rights and Environmental Lawsuit Against Occidental

[Judi Lynn]

Source: EarthRights International

Indigenous Peruvians Win Appeal in Federal Human Rights and Environmental Lawsuit Against Occidental Petroleum for Contaminating Amazon Rainforest, Poisoning Communities

Mon, 06 Dec 2010, 22:36:22 GMT

LOS ANGELES, Calif., Dec. 6 (SEND2PRESS NEWSWIRE) -- Indigenous plaintiffs from the Peruvian Amazon won their appeal today in the landmark human rights and environmental contamination lawsuit against U.S. oil giant Occidental Petroleum (Oxy), as the U.S. Court of Appeals for the Ninth Circuit ruled that the case should be heard in Los Angeles, Oxy's hometown, EarthRights International announced today. A district court judge had previously ruled that the case should be litigated in Peru, but the Ninth Circuit disagreed, allowing the plaintiffs to proceed in federal court.

The lawsuit accuses Oxy of causing severe injuries by knowingly dumping a daily average of 850,000 barrels of toxic wastewater into the tropical rainforest inhabited by the indigenous Achuar people of northern Peru over a 30-year period, as well as inducing acid rain from gas flaring, and improperly storing waste in unlined pits. The plaintiffs allege that these outdated practices caused widespread lead and cadmium poisoning, among other serious health impacts.

"This is a major victory for the rights of indigenous peoples," said Marco Simons, Legal Director of EarthRights International (ERI), who argued the appeal before the Ninth Circuit. "Oxy will now face justice in the U.S. federal courts, rather than in a Peruvian legal system that has never compensated indigenous groups for environmental contamination." The Ninth Circuit's opinion indicates that it was not convinced of "the ability of the Peruvian courts to satisfactorily handle this case," citing corruption and "disorder in the Peruvian judiciary."

Atossa Soltani, Executive Director of Amazon Watch, added, "The Achuar people continue to suffer the devastating health impacts caused by Oxy's damaging practices, which were illegal in the U.S. at the time. This ruling means that the Achuar will finally get their day in U.S. court and signals the end of the era when companies could destroy indigenous communities and their environment with impunity." Amazon Watch has advocated for the Achuar people for many years, and joined the case as a plaintiff to challenge Oxy's allegedly fraudulent denials of responsibility for the pollution.

Read more: http://www.send2press.com/newswire/2010-12-1206-003.shtml

[indimuse]

1. KNR! n/t

[amyrose2712]

2. K&R!

[Judi Lynn]

3. Earlier article: Oxy Pulls Out of Peru

Oxy Pulls Out of Peru
Dec07Andy Rowell

Environmental groups and indigenous leaders have claimed a dramatic victory after Occidental Petroleum Corp confirmed plans to withdraw from a controversial oil and gas venture in Peru.

Occidental’s departure, which the company said is contingent on approval by the Peruvian government, follows extensive criticism by NGO’s.

One of the company’s biggest critics, Atossa Soltani, executive director of Amazon Watch said that Occidental’s decision to divest its Peru assets is significant as an acknowledgment by a big company that “the risks to a company’s reputation” from unpopular development in the Amazon “outweigh by a long-shot any economic advantage.”

Soltani acknowledged that the victory will be diminished if Occidental simply divests its holdings to other oil companies that already have a stake in Peru. Repsol and Petrobras, share one of Occidental’s blocks. Amerada Hess and Talisman share another lease.

More:
http://priceofoil.org/2006/12/07/oxy-pulls-out-of-peru/

http://photos.mongabay.com.nyud.net:8090/j/oxy092009-04.jpg

A lake contaminated by repeated spills near Dorissa base, oil block 1-AB. Photo courtesy of Amazon Watch.


Oil giant faces off with the Amazon
California 9th Circuit Court hears landmark case against oil giant brought by Peruvian indigenous leaders. Oxy Petroluem claims 'inconvenience.'
Thu, Mar 04 2010 at 4:13 PM EST

When a California-based oil corporation claims it would be "inconvenient" to defend an environmental lawsuit in California (just 10 miles away from its headquarters) it is hard not to entertain ulterior motives... especially when the alternative is to try the case in Peru.

More than 80% of the population of Peru believes their courts are corrupt, giving it the 2nd worst score in the Americas (in 2008 Peruvian courts received a Corruption Perception Index CPI score of 3.6 out of 10). Moreover the Peruvian courts have no class action or enforcement mechanism.

But "inconvenience" was exactly the argument made by Occidental Petroleum lawyers on Wednesday when the Maynas Carijano v. Occidental Petroleum case (No. CV-07-5068) was heard before the 9th Circuit Court of Appeals.

Occidental (Oxy for short) is being sued by the indigenous Achuar people of Peru charging decades of illegal dumping of petroleum products, cadmium, lead and other toxic chemicals directly into local water supplies, dispensing with standard practices of the time. Here's a video by advocacy group Amazon Watch describing their claims:

More:
http://www.mnn.com/green-tech/research-innovations/blogs/oil-giant-faces-off-with-the-amazon

[jwirr]

4. Finally occidental is getting something done about their policies.