A judge ordered a documentary filmmaker Tuesday to face questions from Chevron lawyers to see if he can provide further inside information regarding a legal fight between Chevron and Ecuadoreans over oil contamination.
U.S. District Judge Lewis Kaplan said in a written opinion that it was likely that filmmaker Joseph Berlinger and his associates have information that is highly relevant to the legal tussle. He ordered him deposed, along with his associates.
He said Chevron’s lawyers can question Berlinger about discrepancies they claim occurred in statements he has made regarding 520 outtakes of his documentary “Crude,” along with observations he made and communications he had with others when the cameras weren’t rolling. The judge earlier this year ordered Berlinger to turn over outtakes, though a federal appeals panel later narrowed the list of outtakes Chevron could pursue.
Kaplan said Chevron’s quest for information was “no fishing expedition” after some outtakes contained “substantial evidence of misconduct in and relating to the Ecuadorean litigation.”
He added: “It is quite plain that Berlinger was given extraordinary access and witnessed a good deal that is highly relevant. In short, he has not provided enough information to enable Chevron to challenge his claims with respect to particular matters, an opportunity to which it is entitled.”
The dispute over conduct in the case arises in a 17-year-old legal fight that began when Ecuadoreans said their land was contaminated during three decades of oil exploration and extraction by Texaco Inc. Texaco became a wholly owned subsidiary of San Ramon, Calif.-based Chevron Corp. in 2001.
Chevron maintains it is being treated unfairly in Ecuadorean courts.
A Berlinger spokesman did not immediately respond to a message seeking comment.
Randy Mastro, a lawyer for Chevron, said the company was pleased with the judge’s rulings.
“We look forward to now obtaining even more evidence of plaintiffs’ misconduct,” he said.
Chevron has long argued that a 1998 agreement Texaco signed with Ecuador after a $40 million cleanup absolves it of any liability in the case. It claims Ecuador’s state-run oil company is responsible for much of the pollution in the oil patch that Texaco quit nearly two decades ago.
A court-appointed expert in Ecuador has recommended that Chevron pay up to $27 billion for environmental damages and related illnesses.
Martin Scorsese On “The Saints,” Faith In Filmmaking and His Next Movie
When Martin Scorsese was a child growing up in New York's Little Italy, he would gaze up at the figures he saw around St. Patrick's Old Cathedral. "Who are these people? What is a saint?" Scorsese recalls. "The minute I walk out the door of the cathedral and I don't see any saints. I saw people trying to behave well within a world that was very primal and oppressed by organized crime. As a child, you wonder about the saints: Are they human?" For decades, Scorsese has pondered a project dedicated to the saints. Now, he's finally realized it in "Martin Scorsese Presents: The Saints," an eight-part docudrama series debuting Sunday on Fox Nation, the streaming service from Fox News Media. The one-hour episodes, written by Kent Jones and directed by Elizabeth Chomko, each chronicle a saint: Joan of Arc, Francis of Assisi, John the Baptist, Thomas Becket, Mary Magdalene, Moses the Black, Sebastian and Maximillian Kolbe. Joan of Arc kicks off the series on Sunday, with three weekly installments to follow; the last four will stream closer to Easter next year. In naturalistic reenactments followed by brief Scorsese-led discussions with experts, "The Saints" emphasizes that, yes, the saints were very human. They were flawed, imperfect people, which, to Scorsese, only heightens their great sacrifices and gestures of compassion. The Polish priest Kolbe, for example, helped spread antisemitism before, during WWII, sheltering Jews and, ultimately, volunteering to die in the place of a man who had been condemned at Auschwitz. Scorsese, who turns 82 on Sunday, recently met for an interview not long after returning from a trip to his grandfather's hometown in Sicily. He was made an honorary citizen and the experience was still lingering in his mind. Remarks have... Read More