Supreme Court Rejects Chevron Appeal Against Ecuadorian Oil Co
June 29 2009 - 10:42AM
Dow Jones News
The U.S. Supreme Court said Monday that it won't decide whether
an Ecuadorian oil company can be held partially responsible in a
$27 billion case against its former business partner, Texaco
Petroleum Co., a unit of Chevron Corp. (CVX).
Texaco had partnered with state-owned Petroecuador from 1974 to
1992 to produce oil in Ecuador's Oriente region. Ecuadorian
citizens later sued Texaco's parent company, Chevron, alleging the
oil operations had harmed the environment.
An Ecuadorian court hasn't yet ruled on the case but could order
up to $27 billion to pay for cleaning and restoring the Lago Agrio
area. Texaco argued that its Ecuadorian partner should have to
participate in the lawsuit negotiations, despite the fact that it
never formally signed a joint operating agreement.
A district court ruled that Petroecuador wasn't liable to the
terms of a contract it didn't sign and that Ecuadorian law was too
unsettled at the time to create an expectation that Petroecuador
implicitly agreed to the pact. The 2nd U.S. Circuit Court of
Appeals in New York upheld the district court's ruling.
Texaco argued the appeals court's decision makes it harder for
companies to risk investing internationally. "Ecuador is emblematic
of the difficulties U.S. investors face in foreign legal systems,"
the company wrote in asking the Supreme Court to hear its case.
The central question in the appeal rested on whether a
state-owned company could be held to terms of a business agreement
it never formally signed.
The case is ChevronTexaco Corp. v. Ecuador and Petroecuador,
08-1123.
-By Kristina Peterson, Dow Jones Newswires; 202-862-6619;
kristina.peterson@dowjones.com