1 00:00:04,360 --> 00:00:08,959 Speaker 1: Hello, Hi, Karen, It's me Amy. 2 00:00:09,080 --> 00:00:11,639 Speaker 2: How are you since I've helped you? 3 00:00:11,920 --> 00:00:14,440 Speaker 3: I know, I know, well, I feel like it. I 4 00:00:14,440 --> 00:00:14,880 Speaker 3: mean it. 5 00:00:14,880 --> 00:00:16,880 Speaker 1: It's maybe been like a couple of weeks, but it 6 00:00:16,960 --> 00:00:18,160 Speaker 1: feels like two years. 7 00:00:19,360 --> 00:00:21,480 Speaker 2: Yeah, long, because we used to talk about. 8 00:00:23,000 --> 00:00:25,360 Speaker 1: You might have heard me mention my co reporter on 9 00:00:25,440 --> 00:00:28,920 Speaker 1: this season, Karen Savage in the credits of every episode, 10 00:00:29,320 --> 00:00:31,480 Speaker 1: and you've heard her voice a couple of times too, 11 00:00:31,800 --> 00:00:34,479 Speaker 1: But she's been a really big part of this season 12 00:00:34,640 --> 00:00:38,480 Speaker 1: behind the scenes and especially on our website, where Karen 13 00:00:38,600 --> 00:00:42,400 Speaker 1: has been writing stories that go along with each episode. 14 00:00:42,560 --> 00:00:45,080 Speaker 1: She's also the person I've called all season long to 15 00:00:45,120 --> 00:00:48,800 Speaker 1: help make sense of this story or to help remember 16 00:00:48,840 --> 00:00:51,400 Speaker 1: where this or that document is or who said what 17 00:00:51,560 --> 00:00:53,440 Speaker 1: and when. So I wanted to bring her in for 18 00:00:53,520 --> 00:00:55,960 Speaker 1: this last episode, where we're going to try to make 19 00:00:56,000 --> 00:00:59,040 Speaker 1: sense of this story as a whole and what it 20 00:00:59,080 --> 00:01:03,480 Speaker 1: means in the con text of climate Today, we're going 21 00:01:03,520 --> 00:01:06,720 Speaker 1: to update you on what's happening for the Ecuadorians and 22 00:01:06,959 --> 00:01:10,120 Speaker 1: dig into why we decided to tackle this story in 23 00:01:10,160 --> 00:01:13,000 Speaker 1: the first place, plus what we learned from it and 24 00:01:13,040 --> 00:01:15,640 Speaker 1: what it has to do with climate change. 25 00:01:16,280 --> 00:01:17,160 Speaker 3: That's all coming. 26 00:01:17,000 --> 00:01:34,880 Speaker 1: Up right after this quick break. Like most people, Pod 27 00:01:34,959 --> 00:01:38,200 Speaker 1: Save America co host Tommy Vitor thought foreign policy was 28 00:01:38,240 --> 00:01:41,120 Speaker 1: boring and complicated until he got the education of a 29 00:01:41,160 --> 00:01:45,319 Speaker 1: lifetime working for President Obama's National Security Council. It was 30 00:01:45,319 --> 00:01:48,240 Speaker 1: a crash course that taught him two things. Anyone can 31 00:01:48,320 --> 00:01:51,720 Speaker 1: understand these issues, and we all have an obligation to try. 32 00:01:52,040 --> 00:01:55,040 Speaker 1: That's why he started Podsave the World, a weekly podcast 33 00:01:55,080 --> 00:01:57,920 Speaker 1: from Crooked Media that breaks down international news and foreign 34 00:01:57,960 --> 00:02:01,760 Speaker 1: policy developments but doesn't feel like homework. Each week, he 35 00:02:01,960 --> 00:02:05,720 Speaker 1: and former Deputy National Security Advisor and co host Ben 36 00:02:05,800 --> 00:02:08,520 Speaker 1: Rhodes walk you through the latest developments with a variety 37 00:02:08,560 --> 00:02:12,680 Speaker 1: of experts. Count on hearing behind the scenes stories, funny anecdotes, 38 00:02:12,800 --> 00:02:15,000 Speaker 1: and maybe even a few f bombs along the way. 39 00:02:15,160 --> 00:02:17,920 Speaker 1: New episodes of pod Say the World drop every Wednesday. 40 00:02:18,160 --> 00:02:21,519 Speaker 1: Subscribe now on Apple Podcasts, Stitcher, or wherever you get 41 00:02:21,600 --> 00:02:30,960 Speaker 1: your podcasts. My sort of general sense of this story 42 00:02:31,120 --> 00:02:34,000 Speaker 1: is just that the Ecuadorians have kind of been fucked 43 00:02:34,000 --> 00:02:37,040 Speaker 1: over by everyone, and I just keep coming back to 44 00:02:37,080 --> 00:02:39,520 Speaker 1: this thing that Joe Berlinger said, which is, if this 45 00:02:39,800 --> 00:02:44,640 Speaker 1: contamination had happened somewhere in the world where you know, wealthy, 46 00:02:44,680 --> 00:02:47,000 Speaker 1: white people live, it would have just been cleaned up 47 00:02:47,120 --> 00:02:48,800 Speaker 1: first and then litigated later. 48 00:02:49,040 --> 00:02:55,520 Speaker 4: If this incident had happened anywhere where white people live, 49 00:02:56,040 --> 00:02:57,960 Speaker 4: it would have been cleaned up, you know, and then 50 00:02:58,000 --> 00:03:14,639 Speaker 4: they would have figured out the culpability later, right, right. 51 00:03:14,440 --> 00:03:16,360 Speaker 1: And like I just yet, I do feel like it's 52 00:03:16,400 --> 00:03:21,320 Speaker 1: become all about legal procedure and not a wrong. 53 00:03:21,240 --> 00:03:24,919 Speaker 3: Was done and should be addressed the. 54 00:03:25,040 --> 00:03:28,639 Speaker 5: End, right right, because at this point it doesn't seem 55 00:03:28,680 --> 00:03:31,839 Speaker 5: like that's even being addressed or even thought of in 56 00:03:31,880 --> 00:03:35,040 Speaker 5: any of these, like all of these cor proceedings. And 57 00:03:35,320 --> 00:03:37,840 Speaker 5: you know it would be I definitely couldn't do it myself. 58 00:03:37,880 --> 00:03:41,040 Speaker 5: But like, how many of these court filings even mentioned 59 00:03:41,040 --> 00:03:44,800 Speaker 5: the Equadorians or the mess that they're still dealing with, right, 60 00:03:44,880 --> 00:03:47,560 Speaker 5: I mean there are literally hundreds of thousands, if not more, 61 00:03:48,320 --> 00:03:51,600 Speaker 5: legal filings, and how many of them actually even mentioned 62 00:03:51,640 --> 00:03:52,480 Speaker 5: the Equadorians. 63 00:03:53,000 --> 00:03:55,200 Speaker 3: That's true, Yeah, that's true. 64 00:03:55,240 --> 00:03:58,320 Speaker 1: That and it does it just like I think there's 65 00:03:58,400 --> 00:04:03,160 Speaker 1: been this very asserted and successful strategy to make it 66 00:04:03,200 --> 00:04:08,400 Speaker 1: all about the lawyers and not the people. Pablo Fajardo 67 00:04:08,480 --> 00:04:10,880 Speaker 1: actually said when we talked to him too, that like 68 00:04:10,920 --> 00:04:12,680 Speaker 1: this is about the people, not the lawyers. 69 00:04:14,880 --> 00:04:26,760 Speaker 6: Can in whoish you in noise om pros Asum Processa Pueblos. 70 00:04:27,480 --> 00:04:31,400 Speaker 1: And I understand his frustration and like the Ecuadorians frustration, 71 00:04:32,000 --> 00:04:33,919 Speaker 1: But then I also grapple with like, well, how do 72 00:04:33,960 --> 00:04:36,239 Speaker 1: you cover it without mentioning that stuff? 73 00:04:36,400 --> 00:04:39,280 Speaker 5: Yeah, I mean I think that's actually the biggest challenge 74 00:04:39,400 --> 00:04:41,560 Speaker 5: to me. And well, no, it's not the biggest challenge 75 00:04:41,560 --> 00:04:43,280 Speaker 5: because understanding all the legal stuff. 76 00:04:43,000 --> 00:04:44,080 Speaker 2: Has been the biggest challenge. 77 00:04:44,080 --> 00:04:47,120 Speaker 5: But one of the biggest challenges has been doing this 78 00:04:47,279 --> 00:04:50,880 Speaker 5: story without having gone there. I keep saying that, but 79 00:04:51,560 --> 00:04:55,480 Speaker 5: you know, I have never written before about any kind 80 00:04:55,560 --> 00:05:00,400 Speaker 5: of toxic contamination or allegations of contamination without going there 81 00:05:00,440 --> 00:05:02,040 Speaker 5: and seeing it, do you. 82 00:05:01,920 --> 00:05:02,360 Speaker 2: Know what I mean? 83 00:05:02,480 --> 00:05:04,640 Speaker 5: Or experience like climate change, We all experience it, even 84 00:05:04,640 --> 00:05:07,040 Speaker 5: though we're not like right there at the refinery sense line, 85 00:05:07,480 --> 00:05:12,000 Speaker 5: but you know, having not talked to these people and 86 00:05:12,080 --> 00:05:14,640 Speaker 5: their homes, you know, or sat down and had coffee 87 00:05:14,720 --> 00:05:17,240 Speaker 5: or whatever, you know, Yeah, all of those things that 88 00:05:17,440 --> 00:05:19,760 Speaker 5: you can just kind of get to know folks and 89 00:05:20,080 --> 00:05:22,960 Speaker 5: get to know how their lives have been affected. 90 00:05:23,160 --> 00:05:25,960 Speaker 2: Yeah, I think is huge. Yeah. 91 00:05:26,320 --> 00:05:31,200 Speaker 1: Yeah, So yeah, we did not get to go to 92 00:05:31,480 --> 00:05:35,039 Speaker 1: Ecuador for this season, which was not the plan. We 93 00:05:35,160 --> 00:05:37,360 Speaker 1: kept thinking we'd be able to go in a couple months, 94 00:05:37,400 --> 00:05:40,840 Speaker 1: but obviously that never happened. The other thing that did 95 00:05:40,880 --> 00:05:44,920 Speaker 1: not go as planned this season was the schedule. We 96 00:05:44,920 --> 00:05:47,200 Speaker 1: were going to launch in June, and then it was 97 00:05:47,320 --> 00:05:50,640 Speaker 1: July for sure. We ended up finally launching at the 98 00:05:50,760 --> 00:05:54,240 Speaker 1: end of September because there was just so much reporting 99 00:05:54,279 --> 00:05:56,760 Speaker 1: to do and documents to read and people to track 100 00:05:56,839 --> 00:06:02,200 Speaker 1: down and just thinking too. This story is a really 101 00:06:02,240 --> 00:06:04,799 Speaker 1: weird one because on the one hand, it's so simple. 102 00:06:05,279 --> 00:06:09,479 Speaker 1: Toxic waste was dumped in the Amazon rainforest. Whoever's responsible 103 00:06:09,520 --> 00:06:12,080 Speaker 1: for that should clean it up. But the legal system 104 00:06:12,160 --> 00:06:17,360 Speaker 1: can make that whoever's responsible part really tricky. And then 105 00:06:17,440 --> 00:06:20,240 Speaker 1: you had this whole complicated thing happening where a US 106 00:06:20,400 --> 00:06:24,000 Speaker 1: judge was evaluating the decision of an Ecuadorian judge. And 107 00:06:24,120 --> 00:06:28,160 Speaker 1: then there's the whole Petro Ecuador thing. How responsible are 108 00:06:28,200 --> 00:06:31,480 Speaker 1: they or the Equadorian government which let these oil guys 109 00:06:31,520 --> 00:06:34,920 Speaker 1: in in the first place. And that's why we couldn't 110 00:06:34,960 --> 00:06:37,359 Speaker 1: just talk about this case with Chevron. We had to 111 00:06:37,400 --> 00:06:43,039 Speaker 1: start by talking about colonialism. 112 00:06:43,120 --> 00:06:45,919 Speaker 5: And it's totally as we've talked about before, like a 113 00:06:46,600 --> 00:06:49,320 Speaker 5: story about colonialization, right you know. 114 00:06:49,560 --> 00:06:54,400 Speaker 1: There's yes, the Equadorian government was complicit in that initially, right, 115 00:06:54,600 --> 00:06:59,240 Speaker 1: But even in that situation, you know what choices did 116 00:06:59,240 --> 00:07:04,280 Speaker 1: they have really between playing ball with oil companies in 117 00:07:04,400 --> 00:07:08,680 Speaker 1: order to develop their economy in this world that was 118 00:07:08,720 --> 00:07:09,760 Speaker 1: dictating like. 119 00:07:09,800 --> 00:07:11,880 Speaker 3: You either do this or you starve. 120 00:07:13,120 --> 00:07:16,520 Speaker 5: Right, right, because that at the very heart of this 121 00:07:16,920 --> 00:07:21,320 Speaker 5: is the inequity that was set up so long ago, right, 122 00:07:21,440 --> 00:07:25,320 Speaker 5: that like leaves people fighting over crumbs, and sometimes. 123 00:07:24,840 --> 00:07:26,880 Speaker 2: We're really bad crumbs. Yeah, you know in this. 124 00:07:26,880 --> 00:07:30,120 Speaker 5: Case, yeah, I mean, And honestly, what all of these 125 00:07:30,640 --> 00:07:35,000 Speaker 5: court cases are doing is just muddying everything up, right. 126 00:07:35,040 --> 00:07:37,800 Speaker 5: It kind of seems like everyone involved is just throwing 127 00:07:37,840 --> 00:07:42,800 Speaker 5: stuff out there to get themselves unstuck. But over on 128 00:07:42,840 --> 00:07:45,600 Speaker 5: the other side, the Ecuadorians are still there, still suffering, 129 00:07:46,040 --> 00:07:48,440 Speaker 5: still living in a contaminating environment. 130 00:08:00,520 --> 00:08:02,880 Speaker 1: One thing to keep in mind is that the Ecuadorians 131 00:08:02,920 --> 00:08:06,960 Speaker 1: are absolutely not sitting around and waiting for someone to 132 00:08:07,040 --> 00:08:10,160 Speaker 1: save them. They're doing everything they possibly can to try 133 00:08:10,200 --> 00:08:13,960 Speaker 1: to improve their situation on the ground. Judith Kimmerling, the 134 00:08:14,040 --> 00:08:16,720 Speaker 1: lawyer who went down to Ecuador in the nineteen eighties 135 00:08:16,800 --> 00:08:19,240 Speaker 1: and wrote about it, really kind of kicking off a 136 00:08:19,240 --> 00:08:21,520 Speaker 1: lot of the legal action that happened in the later 137 00:08:21,640 --> 00:08:22,880 Speaker 1: decades said this. 138 00:08:23,040 --> 00:08:27,040 Speaker 7: For example, this lawsuit was a relatively small group of 139 00:08:27,080 --> 00:08:31,800 Speaker 7: people trying to accomplish something for a huge area, in many, 140 00:08:31,840 --> 00:08:35,400 Speaker 7: many people. And in that area, you know, what's overlooked 141 00:08:35,480 --> 00:08:37,640 Speaker 7: is that there are a lot of people who haven't 142 00:08:37,640 --> 00:08:40,400 Speaker 7: been engaged in the lawsuit, but they've been engaged in 143 00:08:40,440 --> 00:08:44,600 Speaker 7: their own processes, in their own dynamics, in their own 144 00:08:44,720 --> 00:08:51,280 Speaker 7: efforts to survive the impacts caused by Texaco and you know, 145 00:08:51,760 --> 00:08:55,440 Speaker 7: secure a future for themselves and their children. And the 146 00:08:55,480 --> 00:08:58,000 Speaker 7: by raity are one of them. And so to present 147 00:08:58,080 --> 00:09:01,400 Speaker 7: their story in that way as okay, So in the 148 00:09:01,440 --> 00:09:04,160 Speaker 7: tort law, in human rights law, we call them victims, 149 00:09:04,160 --> 00:09:07,679 Speaker 7: but really their survivors. They have their own aspirations, they 150 00:09:07,679 --> 00:09:10,800 Speaker 7: have their own processes, they have their own efforts, their 151 00:09:10,840 --> 00:09:11,679 Speaker 7: own struggle. 152 00:09:12,200 --> 00:09:12,400 Speaker 2: You know. 153 00:09:12,400 --> 00:09:14,320 Speaker 7: In Spanish se Luca. 154 00:09:14,360 --> 00:09:18,120 Speaker 1: There's an extremely cool project using mushrooms to absorb the 155 00:09:18,120 --> 00:09:21,160 Speaker 1: petroleum and toxic waste in the oil pits. For example, 156 00:09:21,600 --> 00:09:28,640 Speaker 1: it's called Sukumbio's Alliance of Bioremediation and Sustainability ABSs. Fung 157 00:09:28,679 --> 00:09:31,319 Speaker 1: Guy it turns out, are probably our best weapon when 158 00:09:31,320 --> 00:09:34,680 Speaker 1: it comes to remediating all sorts of toxic waste sites. 159 00:09:34,920 --> 00:09:38,200 Speaker 1: There are mushrooms that gobble up everything from the hydrocarbons 160 00:09:38,240 --> 00:09:43,480 Speaker 1: and petroleum to heavy metal and even plastic. So there's 161 00:09:43,520 --> 00:09:46,880 Speaker 1: the Mushroom Project in Ecuador. There's a mutual aid group 162 00:09:46,920 --> 00:09:50,560 Speaker 1: that looks after the area's many cancer patients. This is 163 00:09:50,679 --> 00:09:54,000 Speaker 1: a community that looks after its own and knows how 164 00:09:54,000 --> 00:09:57,600 Speaker 1: to survive. The core system is not their only tool, 165 00:09:57,800 --> 00:10:00,680 Speaker 1: but there are more cases too. Pablo Ardo, the lead 166 00:10:00,679 --> 00:10:04,960 Speaker 1: attorney against Chevron in Ecuador, has also sued Petro Ecuador 167 00:10:05,120 --> 00:10:07,480 Speaker 1: to encourage it to clean up its share of the 168 00:10:07,520 --> 00:10:13,240 Speaker 1: pollution in the Amazon. Fajardo's organization you adapt UDAPT is 169 00:10:13,320 --> 00:10:17,320 Speaker 1: also encouraging the government to appeal the arbitration decision that 170 00:10:17,400 --> 00:10:20,600 Speaker 1: came down in favor of Chevron. You might remember us 171 00:10:20,640 --> 00:10:25,080 Speaker 1: talking about that this season that an arbitral tribunal in 172 00:10:25,160 --> 00:10:30,800 Speaker 1: the Netherlands ruled that the Ecuadorian government owed Chevron millions 173 00:10:30,800 --> 00:10:35,000 Speaker 1: of dollars for allowing this case to proceed in its courts. 174 00:10:35,720 --> 00:10:39,440 Speaker 1: Documentary filmmaker Lindsay Afrias, who we also talked to during 175 00:10:39,440 --> 00:10:43,280 Speaker 1: the season, talked about what the Ecuadorians are continuing to do, 176 00:10:43,600 --> 00:10:47,160 Speaker 1: and why their work on the ground always seems to 177 00:10:47,200 --> 00:10:50,480 Speaker 1: be ignored in press reports about this case. 178 00:10:50,920 --> 00:10:54,840 Speaker 8: And that's the thing it's really passating to, however, the 179 00:10:54,840 --> 00:10:58,880 Speaker 8: way in which fingers get pointed, where Chevron will be like, oh, no, 180 00:10:58,920 --> 00:11:02,080 Speaker 8: it's Petro Ecuador, and petrorectord Or will say no, it's Chevron, 181 00:11:02,480 --> 00:11:04,640 Speaker 8: And there is a world in which we can see 182 00:11:04,640 --> 00:11:12,040 Speaker 8: them all responsible but in different ways. And ironically, you know, 183 00:11:12,080 --> 00:11:15,120 Speaker 8: the people who are who are taking the most responsibility 184 00:11:15,200 --> 00:11:18,320 Speaker 8: or the people who are actually least responsible for having 185 00:11:18,360 --> 00:11:21,920 Speaker 8: caused this situation. And so I was able to spend 186 00:11:21,960 --> 00:11:27,000 Speaker 8: significant time with you know, the plaintiffs who have turned 187 00:11:27,040 --> 00:11:32,080 Speaker 8: into I would call like emergency responders, where they've created 188 00:11:32,120 --> 00:11:36,360 Speaker 8: their own health committees, their own environmental cleanup committees. 189 00:11:36,320 --> 00:11:39,960 Speaker 3: And they're doing unbelievable work. 190 00:11:39,720 --> 00:11:45,479 Speaker 8: That gets no attention. And I often find it difficult 191 00:11:45,520 --> 00:11:50,400 Speaker 8: to even think outside of the law and imagine, you know, 192 00:11:50,800 --> 00:11:55,120 Speaker 8: with them, what is possible to do in the face 193 00:11:55,160 --> 00:11:58,240 Speaker 8: of corporate and state impunity. And you know, while it 194 00:11:58,320 --> 00:12:02,480 Speaker 8: is a worthy endeavor to continue fighting through the legal system, 195 00:12:02,960 --> 00:12:07,760 Speaker 8: how can we still direct resources to the people who 196 00:12:07,760 --> 00:12:12,800 Speaker 8: are most affected, who are building responses and they have 197 00:12:13,000 --> 00:12:16,679 Speaker 8: really brilliant ideas, and they have very brilliant structures already 198 00:12:16,720 --> 00:12:19,000 Speaker 8: in place in which they're working, and they could be 199 00:12:19,000 --> 00:12:22,959 Speaker 8: even more effective if you know, everybody else somehow paid 200 00:12:23,040 --> 00:12:23,960 Speaker 8: them some respect. 201 00:12:28,920 --> 00:12:31,400 Speaker 1: This is a really key point and reminds me a 202 00:12:31,440 --> 00:12:34,680 Speaker 1: lot of how we think and talk about climate change, 203 00:12:35,080 --> 00:12:38,280 Speaker 1: as though climate action can only happen through these very 204 00:12:38,320 --> 00:12:42,720 Speaker 1: specific systems that are mostly controlled by powerful interests. A 205 00:12:42,760 --> 00:12:44,600 Speaker 1: couple people have told me that while they find the 206 00:12:44,640 --> 00:12:48,680 Speaker 1: story of this Chevron Ecuador case interesting, they're not really 207 00:12:48,720 --> 00:12:51,960 Speaker 1: sure what it has to do with climate change. Sure, 208 00:12:52,080 --> 00:12:55,080 Speaker 1: Chevron is an oil company, but this story isn't really 209 00:12:55,120 --> 00:12:58,840 Speaker 1: about climate change, right. Here's how I think it connects. 210 00:12:59,280 --> 00:13:02,679 Speaker 1: This is a story about power and accountability, which is 211 00:13:02,760 --> 00:13:05,920 Speaker 1: really at the root of every climate story. I always 212 00:13:05,920 --> 00:13:08,560 Speaker 1: say climate change is a power problem, and I don't 213 00:13:08,600 --> 00:13:12,120 Speaker 1: mean energy sources. You don't get a problem like catastrophic 214 00:13:12,160 --> 00:13:15,560 Speaker 1: climate change where a small handful of people have shifted 215 00:13:15,559 --> 00:13:18,600 Speaker 1: the world away from acting on the problem just to 216 00:13:18,600 --> 00:13:23,600 Speaker 1: benefit themselves without some sort of major power imbalances. A 217 00:13:23,640 --> 00:13:25,480 Speaker 1: lot of people who think we need to act on 218 00:13:25,559 --> 00:13:28,880 Speaker 1: climate also think that oil companies can and should be 219 00:13:28,960 --> 00:13:31,920 Speaker 1: part of that action. That it will negotiate and act 220 00:13:32,000 --> 00:13:34,520 Speaker 1: in good faith on climate. When I look at this case, 221 00:13:34,640 --> 00:13:37,600 Speaker 1: I don't see how that could possibly hold true. I 222 00:13:37,679 --> 00:13:41,000 Speaker 1: kind of started this season thinking this, and it definitely 223 00:13:41,520 --> 00:13:43,520 Speaker 1: turned out this way that it is such a good 224 00:13:43,559 --> 00:13:48,320 Speaker 1: example of the lengths that oil companies will go to 225 00:13:48,960 --> 00:13:52,280 Speaker 1: even when they lose a battle or lose a case, 226 00:13:53,440 --> 00:13:54,960 Speaker 1: to not be held accountable. 227 00:13:55,720 --> 00:13:55,960 Speaker 5: Yes. 228 00:13:56,800 --> 00:14:00,160 Speaker 1: Yeah, to me, I just feel like this is I 229 00:14:00,200 --> 00:14:02,200 Speaker 1: don't know, this is like the thing I will probably 230 00:14:02,200 --> 00:14:07,679 Speaker 1: point to you whenever people say things about negotiating with 231 00:14:08,040 --> 00:14:10,880 Speaker 1: oil companies over climate policy. 232 00:14:11,480 --> 00:14:14,400 Speaker 5: Just right right, I look at the you know, the 233 00:14:14,400 --> 00:14:18,840 Speaker 5: inequality of the court system, yes, you know what I mean, 234 00:14:18,880 --> 00:14:22,480 Speaker 5: the things that different folks told us about the Rico trial, 235 00:14:22,960 --> 00:14:27,000 Speaker 5: and you know, the hundreds of lawyers that Chevron was 236 00:14:27,080 --> 00:14:30,880 Speaker 5: able to work with, and the much less number of 237 00:14:30,960 --> 00:14:34,680 Speaker 5: lawyers that you know, Stephen Donziger and the plaintiffs and 238 00:14:34,720 --> 00:14:38,640 Speaker 5: that Ecuadorians were able to hire. And honestly, if you 239 00:14:38,720 --> 00:14:42,880 Speaker 5: look at that in terms of everyday people, they were 240 00:14:43,000 --> 00:14:46,479 Speaker 5: very lucky to have even been able to mount the defense. 241 00:14:46,120 --> 00:14:46,680 Speaker 2: That they did. 242 00:14:46,960 --> 00:14:47,840 Speaker 3: Right right. 243 00:14:48,280 --> 00:14:51,280 Speaker 1: I thought that was such a good point that Julio 244 00:14:51,360 --> 00:14:55,000 Speaker 1: Gomez made about how like the only one that can 245 00:14:55,040 --> 00:14:58,080 Speaker 1: really go up against Chevron is like another oil company. 246 00:14:58,800 --> 00:15:02,000 Speaker 1: Julio Gomez was the attorney for the Equadorian plaintiffs in 247 00:15:02,040 --> 00:15:04,640 Speaker 1: the Rico trial. We heard from him a few times 248 00:15:04,680 --> 00:15:06,720 Speaker 1: this season, but here's what he had to say about 249 00:15:06,720 --> 00:15:08,560 Speaker 1: inequality in the justice system. 250 00:15:08,720 --> 00:15:12,880 Speaker 9: People don't understand the incredible inequity in our legal system. 251 00:15:13,280 --> 00:15:17,440 Speaker 9: To finances, it's Microsoft can only go up against Google, 252 00:15:17,920 --> 00:15:21,800 Speaker 9: Apple can only go up against Samsung. Chevron can only 253 00:15:21,800 --> 00:15:25,200 Speaker 9: go up against Exon Mobile and vice versa, because that's 254 00:15:25,240 --> 00:15:29,120 Speaker 9: the only way to do it right. To meet every expert, 255 00:15:29,480 --> 00:15:33,359 Speaker 9: to meet every motion, you need exactly the same resources. 256 00:15:33,640 --> 00:15:37,480 Speaker 9: And unfortunately, our judicial system does not take that into account. 257 00:15:40,920 --> 00:15:44,720 Speaker 1: People have this tendency to forget where laws and the 258 00:15:44,840 --> 00:15:50,000 Speaker 1: justice system come from. It's not like this neutral, fair 259 00:15:50,840 --> 00:15:54,600 Speaker 1: thing that it's sometimes painted as. You know, It's like 260 00:15:55,080 --> 00:15:58,680 Speaker 1: most of the laws were written by, let's face it, 261 00:15:58,920 --> 00:16:02,040 Speaker 1: wealthy white guy is in an attempt to maintain their 262 00:16:02,080 --> 00:16:03,000 Speaker 1: wealth and power. 263 00:16:03,640 --> 00:16:05,160 Speaker 3: Right, the idea that. 264 00:16:05,080 --> 00:16:09,080 Speaker 1: It still tends to mostly work in favor of people 265 00:16:09,160 --> 00:16:12,000 Speaker 1: with power and wealth should not surprise us. 266 00:16:12,320 --> 00:16:15,360 Speaker 5: Right, yeah, yeah, Well, I said, have those thoughts that 267 00:16:15,360 --> 00:16:19,040 Speaker 5: always come back to the Ecuadorian court system, Yeah, which 268 00:16:19,360 --> 00:16:20,240 Speaker 5: affirmed the. 269 00:16:20,280 --> 00:16:21,760 Speaker 2: Ruling at all of the levels. 270 00:16:21,960 --> 00:16:26,240 Speaker 5: Yeah. And so part of me says, you know, here 271 00:16:26,400 --> 00:16:28,920 Speaker 5: is the US and a US judge and a US 272 00:16:29,000 --> 00:16:32,520 Speaker 5: corporation interfering with another. 273 00:16:32,160 --> 00:16:34,200 Speaker 2: Country's judicial system. Yeah. 274 00:16:34,560 --> 00:16:36,200 Speaker 5: I mean, what would happen if someone came in here 275 00:16:36,240 --> 00:16:38,160 Speaker 5: and did that to our judicial system? 276 00:16:38,280 --> 00:16:46,120 Speaker 3: Yeah, it would never happen. It would never happen. Okay. 277 00:16:46,160 --> 00:16:48,720 Speaker 1: So I described this show as a true crime podcast 278 00:16:48,720 --> 00:16:51,920 Speaker 1: about climate change, but this season was by far our 279 00:16:52,000 --> 00:16:54,480 Speaker 1: most true crime and I feel like we need to 280 00:16:54,560 --> 00:16:57,359 Speaker 1: address the elephant in the room, Donziger. 281 00:16:57,760 --> 00:17:00,760 Speaker 10: The fact that this whole thing is built on a 282 00:17:00,760 --> 00:17:03,840 Speaker 10: house of cards with a lying witness makes the case 283 00:17:03,960 --> 00:17:06,600 Speaker 10: really vulnerable. And I think that explains why they're going 284 00:17:06,640 --> 00:17:09,760 Speaker 10: after me, because I tell the truth about it and 285 00:17:10,119 --> 00:17:13,679 Speaker 10: I have a lot of credibility. Other courts are probably 286 00:17:13,680 --> 00:17:15,200 Speaker 10: going to be looking at this, I mean in other 287 00:17:15,240 --> 00:17:20,080 Speaker 10: countries who enforced the judgment, And it's in Caplan's interests, 288 00:17:20,080 --> 00:17:22,840 Speaker 10: in Chevron's interest that I be silenced. So you know, 289 00:17:22,920 --> 00:17:25,960 Speaker 10: what better way to do that than to make up 290 00:17:25,960 --> 00:17:29,399 Speaker 10: these criminal contempt charges and make me the first lawyer 291 00:17:29,400 --> 00:17:32,359 Speaker 10: in US history ever detained pretrial and a criminal contempt 292 00:17:32,400 --> 00:17:36,800 Speaker 10: case where I can't travel my passports confience gate, and 293 00:17:36,840 --> 00:17:38,159 Speaker 10: I can't go into court. 294 00:17:38,560 --> 00:17:41,080 Speaker 1: Did he do any of the things Chevron accused him of? 295 00:17:41,600 --> 00:17:43,960 Speaker 3: All of them? None of them? Does it matter? 296 00:17:44,200 --> 00:17:47,679 Speaker 1: Karen and I had some variation of this conversation a lot, 297 00:17:48,200 --> 00:17:51,320 Speaker 1: in part because Donziger tried to control the story a lot, 298 00:17:51,440 --> 00:17:53,320 Speaker 1: and we wanted to make sure that we weren't being 299 00:17:53,400 --> 00:17:56,720 Speaker 1: influenced by what he alone was telling us. On a 300 00:17:56,840 --> 00:18:00,480 Speaker 1: much smaller scale, we could really relate to what filmmaker 301 00:18:00,560 --> 00:18:04,440 Speaker 1: Joe Berlinger told us about his experience covering this story. 302 00:18:04,560 --> 00:18:08,000 Speaker 4: Here's the ten page memo from Donziger in which he's 303 00:18:08,040 --> 00:18:11,159 Speaker 4: asking me to make a zillion changes, and I didn't 304 00:18:11,760 --> 00:18:14,719 Speaker 4: make those changes and wrote him a terse email in 305 00:18:14,800 --> 00:18:18,159 Speaker 4: response saying, Hey, I'm not making these changes. I'm the filmmaker, 306 00:18:18,200 --> 00:18:19,120 Speaker 4: I have final cut. 307 00:18:19,320 --> 00:18:20,960 Speaker 1: Okay, I'm going to ask I'm going to ask you 308 00:18:21,000 --> 00:18:25,280 Speaker 1: the million dollar question, Karen, Uh, what are your thoughts? 309 00:18:26,080 --> 00:18:27,480 Speaker 3: I'm Stephen Donziger. 310 00:18:34,680 --> 00:18:36,560 Speaker 5: I'm trying to put this in the right in the 311 00:18:36,640 --> 00:18:42,800 Speaker 5: right words. I think that regardless of whether you know, 312 00:18:42,880 --> 00:18:43,640 Speaker 5: you can look. 313 00:18:43,480 --> 00:18:45,760 Speaker 2: At the at the. 314 00:18:44,960 --> 00:18:47,800 Speaker 5: Documents, as they're presented, which you know they've set our 315 00:18:47,960 --> 00:18:50,880 Speaker 5: out of context. It's Donziger and the plaintiff has said 316 00:18:51,000 --> 00:18:52,359 Speaker 5: set our out of context and not. 317 00:18:52,840 --> 00:18:54,520 Speaker 2: You know, the narrative is not correct. 318 00:18:55,560 --> 00:19:00,440 Speaker 5: So whether you believe that narrative that Chevron put out 319 00:19:00,440 --> 00:19:04,600 Speaker 5: there or not, I think if you look at the 320 00:19:04,640 --> 00:19:08,200 Speaker 5: heart of what is happening, I think that the intent, 321 00:19:08,480 --> 00:19:12,720 Speaker 5: which was to get justice for the Ecuadorian people, is true. 322 00:19:13,720 --> 00:19:15,440 Speaker 5: And I do think that this is one of those 323 00:19:15,480 --> 00:19:16,320 Speaker 5: cases that you. 324 00:19:16,320 --> 00:19:18,320 Speaker 2: Can look at it. In fact, I've done it myself. 325 00:19:18,760 --> 00:19:21,880 Speaker 5: If I'm reading stuff that Chevron has put together, I'm. 326 00:19:21,720 --> 00:19:24,639 Speaker 2: Like, Wow, this is looking really bad for this guy. 327 00:19:24,920 --> 00:19:27,119 Speaker 5: But then if I look at stuff that that that 328 00:19:27,240 --> 00:19:30,160 Speaker 5: Stephen Donzegrant and his team have put together, I'm like. 329 00:19:30,520 --> 00:19:33,720 Speaker 2: Of course, why is Chavre even trying to say that? 330 00:19:34,160 --> 00:19:35,000 Speaker 2: So you know, I go. 331 00:19:35,240 --> 00:19:37,400 Speaker 5: You know, if you if you get your head too 332 00:19:37,440 --> 00:19:41,439 Speaker 5: far deep into one narrative or the other, it's easy 333 00:19:41,520 --> 00:19:48,240 Speaker 5: to see that side. So honestly, I cannot tell you 334 00:19:48,280 --> 00:19:51,880 Speaker 5: what happened, but I can tell you what is still happening, 335 00:19:51,960 --> 00:19:55,199 Speaker 5: and that's what the Ecuadorians have not gotten justice, and 336 00:19:55,240 --> 00:19:57,080 Speaker 5: you know, they're doing everything they can, Like you said, 337 00:19:57,119 --> 00:19:59,320 Speaker 5: they're you know, they're they're they're. 338 00:19:59,040 --> 00:20:01,360 Speaker 2: Doing as much natural remediation if they can. 339 00:20:01,600 --> 00:20:05,360 Speaker 5: They're doing their own litigation, you know, hoping to get 340 00:20:05,359 --> 00:20:11,439 Speaker 5: the accountability. But at the end of the day, all 341 00:20:11,520 --> 00:20:16,399 Speaker 5: of these more powerful people failed them, yes, in whatever 342 00:20:16,440 --> 00:20:21,840 Speaker 5: way it was, you know, and it's just it just 343 00:20:21,880 --> 00:20:24,159 Speaker 5: makes me sad that these folks are still dealing with 344 00:20:24,200 --> 00:20:27,240 Speaker 5: I mean, this is going on several generations. It's not 345 00:20:27,320 --> 00:20:28,800 Speaker 5: just like, you know, oh, when your kids are little, 346 00:20:28,800 --> 00:20:31,240 Speaker 5: they're exposed to this, and now they're not. It's like, oh, 347 00:20:31,280 --> 00:20:33,119 Speaker 5: when you are little, you're exposed to this, and now 348 00:20:33,200 --> 00:20:35,040 Speaker 5: you're grown, and you have kids who are exposed to this, 349 00:20:35,200 --> 00:20:37,280 Speaker 5: and now they have kids, and your grandkids are exposed 350 00:20:37,280 --> 00:20:39,640 Speaker 5: to this, and their kids are going to be exposed 351 00:20:39,640 --> 00:20:39,840 Speaker 5: to this. 352 00:20:40,560 --> 00:20:44,680 Speaker 1: I keep thinking about this thing that Joe Berlinger said. 353 00:20:45,119 --> 00:20:48,240 Speaker 4: I am not smart enough to tell you whether or 354 00:20:48,320 --> 00:20:53,720 Speaker 4: not Chevron has wrapped itself up in enough legal arguments 355 00:20:53,760 --> 00:20:57,639 Speaker 4: to be legally correct in this situation. But there is 356 00:20:57,680 --> 00:21:04,760 Speaker 4: a moral issue here. There's a moral flaw that with 357 00:21:05,000 --> 00:21:09,879 Speaker 4: such devastation, why are we not cleaning it up now 358 00:21:10,160 --> 00:21:12,960 Speaker 4: and figuring out the legal responsibility later? 359 00:21:19,000 --> 00:21:23,159 Speaker 1: Ultimately, even people who didn't necessarily like Donziger or the 360 00:21:23,160 --> 00:21:26,240 Speaker 1: way he approached this case, think what's happening to him 361 00:21:26,280 --> 00:21:31,280 Speaker 1: now is totally unjustified. In fact, folks pretty consistently see 362 00:21:31,280 --> 00:21:34,760 Speaker 1: it as a very scary precedent that a company would 363 00:21:34,800 --> 00:21:38,040 Speaker 1: go after a lawyer personally in the way that Chevron 364 00:21:38,119 --> 00:21:43,040 Speaker 1: has gone after Donziger. Judith Kimerling was pretty critical of Donziger. 365 00:21:43,359 --> 00:21:45,400 Speaker 1: She said this, for example. 366 00:21:45,400 --> 00:21:47,600 Speaker 7: But the point I want to make is that, you know, 367 00:21:48,359 --> 00:21:51,520 Speaker 7: while I think that the actions against Stephen are excessive, 368 00:21:51,680 --> 00:21:54,440 Speaker 7: I don't think that he's just a victim because he's 369 00:21:54,480 --> 00:21:57,480 Speaker 7: a human rights defender. I mean, I think that narrative 370 00:21:57,600 --> 00:22:01,400 Speaker 7: is very simplistic. That we're pressed that Rico trial, who 371 00:22:01,400 --> 00:22:04,160 Speaker 7: were asking me, well, you know, if they're real injuries, 372 00:22:04,280 --> 00:22:07,080 Speaker 7: why why did these guys have to engage in fraud? 373 00:22:08,080 --> 00:22:14,440 Speaker 7: And that's the question that Steven's conduct is begging. And 374 00:22:14,800 --> 00:22:17,560 Speaker 7: the answer was, well, we have to win a battle 375 00:22:17,720 --> 00:22:21,560 Speaker 7: in the with the press. And you know my response 376 00:22:21,640 --> 00:22:25,840 Speaker 7: to that was you can win with the truth. And 377 00:22:26,040 --> 00:22:30,880 Speaker 7: this you know, Chevron loves having the story be about Stephen. 378 00:22:31,359 --> 00:22:36,040 Speaker 7: They're using it to discredit the real people who've been injured. 379 00:22:36,480 --> 00:22:40,000 Speaker 7: It's problematic in many ways, and I think it's unfortunate. 380 00:22:40,080 --> 00:22:44,040 Speaker 7: I don't see any soul searching, you know, on the 381 00:22:44,160 --> 00:22:48,200 Speaker 7: environmental side about you know, what the mistakes were made 382 00:22:48,240 --> 00:22:50,720 Speaker 7: and how it could be done better. Instead, it's just 383 00:22:50,800 --> 00:22:53,679 Speaker 7: Steven's a victim, and you know, this is all because 384 00:22:53,720 --> 00:22:56,760 Speaker 7: of how bad Chevron is and has nothing to do 385 00:22:56,840 --> 00:22:59,400 Speaker 7: with his decisions and choices. 386 00:22:59,760 --> 00:23:02,840 Speaker 3: But she also said this, I do think. 387 00:23:02,680 --> 00:23:06,720 Speaker 7: That what's happening to Steven it's really excessive. I think 388 00:23:06,800 --> 00:23:12,560 Speaker 7: that you treating Stephen like a criminal is really excessive. 389 00:23:12,760 --> 00:23:15,400 Speaker 1: When we talked about this, Karen's take was basically, look, 390 00:23:15,480 --> 00:23:18,760 Speaker 1: even if both sides did the exact same corrupt things, 391 00:23:18,880 --> 00:23:20,840 Speaker 1: and we're not saying that they did, but if they did, 392 00:23:21,280 --> 00:23:23,440 Speaker 1: one was doing it to try to clean up pollution 393 00:23:23,680 --> 00:23:27,040 Speaker 1: and help a bunch of indigenous people and subsistence farmers 394 00:23:27,040 --> 00:23:29,639 Speaker 1: in the Amazon, and the other was trying to protect 395 00:23:29,840 --> 00:23:36,159 Speaker 1: shareholder profits a company losing profits and people not having 396 00:23:36,480 --> 00:23:40,040 Speaker 1: clean water to drink for generations and being poisoned for 397 00:23:40,160 --> 00:23:41,760 Speaker 1: generations are not equal. 398 00:23:42,359 --> 00:23:59,879 Speaker 11: Right. 399 00:24:04,920 --> 00:24:07,120 Speaker 3: That is it for this season. 400 00:24:07,560 --> 00:24:10,000 Speaker 1: Thank you so much for staying with us. 401 00:24:10,160 --> 00:24:11,120 Speaker 3: If you have. 402 00:24:11,119 --> 00:24:14,520 Speaker 1: Questions or comments, please send them our way you can 403 00:24:14,560 --> 00:24:18,760 Speaker 1: reach me at Amy at drillednews dot com. Big thanks 404 00:24:18,800 --> 00:24:23,240 Speaker 1: to our Patreon subscribers. You guys helped make this season happen. 405 00:24:23,560 --> 00:24:26,000 Speaker 1: If you would also like to support our work, go 406 00:24:26,040 --> 00:24:31,120 Speaker 1: to Patreon dot com slash drilled. Big announcement, we are 407 00:24:31,160 --> 00:24:35,480 Speaker 1: in the process of taking this podcast entirely ad free. 408 00:24:35,760 --> 00:24:38,760 Speaker 1: If you're a listener to the podcast, you know that 409 00:24:38,920 --> 00:24:41,439 Speaker 1: I have been reading ads for a while, and you 410 00:24:41,520 --> 00:24:45,520 Speaker 1: might also suspect that it's something that makes me deeply uncomfortable. 411 00:24:46,320 --> 00:24:49,960 Speaker 1: So you know, we have a few ads that have 412 00:24:50,040 --> 00:24:53,119 Speaker 1: been sold already that I'll be reading in the coming weeks. 413 00:24:53,320 --> 00:24:56,600 Speaker 1: But we are going the route of being entirely ad free, 414 00:24:56,680 --> 00:24:59,280 Speaker 1: so I do hope that more folks will sign up 415 00:24:59,359 --> 00:25:02,400 Speaker 1: for the patrio to make it possible for us to 416 00:25:02,400 --> 00:25:06,240 Speaker 1: do that. You'll also get access to bonus content. We're 417 00:25:06,280 --> 00:25:10,000 Speaker 1: going to drop some longer interviews in there related to 418 00:25:10,080 --> 00:25:13,800 Speaker 1: this season, so you'll hear more from several of the 419 00:25:13,840 --> 00:25:17,200 Speaker 1: folks that you heard a bit from this season, and 420 00:25:17,320 --> 00:25:20,159 Speaker 1: we will have some update episodes for you on a 421 00:25:20,200 --> 00:25:24,600 Speaker 1: few things. Donziger will eventually go to trial next year, 422 00:25:24,760 --> 00:25:25,679 Speaker 1: so we'll have an update. 423 00:25:25,720 --> 00:25:25,880 Speaker 2: Then. 424 00:25:26,800 --> 00:25:29,680 Speaker 1: We'll also have an update for you soon on whether 425 00:25:29,720 --> 00:25:33,919 Speaker 1: the Ecuadorian government decides to appeal the arbitration decision or not. 426 00:25:34,720 --> 00:25:38,440 Speaker 1: Stay tuned for those, and then next year we will 427 00:25:38,480 --> 00:25:42,359 Speaker 1: have a two part season that traces the fracking boom 428 00:25:42,720 --> 00:25:46,480 Speaker 1: to the plastics boom. Come back for that and more. 429 00:25:47,359 --> 00:25:50,760 Speaker 1: Thanks again, and hope you're all closing out the year 430 00:25:51,040 --> 00:26:03,399 Speaker 1: with a nap. Drilled is an original production of the 431 00:26:03,520 --> 00:26:08,679 Speaker 1: Critical Frequency Podcast Network. The show was created, reported, and 432 00:26:08,720 --> 00:26:12,399 Speaker 1: written by me Amy Westerveldt. My co reporter this season 433 00:26:12,520 --> 00:26:16,960 Speaker 1: is Karen Savage. Our editor is Julia Ritchie. The show's 434 00:26:17,119 --> 00:26:22,439 Speaker 1: editorial consultant is Rika Murphy. Mixing and mastering by Mark Bush. 435 00:26:23,240 --> 00:26:28,080 Speaker 1: Original score by b Beman, fact checking by woudn Yan. 436 00:26:28,760 --> 00:26:31,760 Speaker 1: Our artwork for this season was done by the super 437 00:26:31,800 --> 00:26:37,520 Speaker 1: talented Matt Fleming. Special thanks to Trevor Gowen and Emily Gertz. 438 00:26:37,960 --> 00:26:41,000 Speaker 1: You can find stories, documents, and photos related to this 439 00:26:41,240 --> 00:26:45,199 Speaker 1: season on our website at drillednews dot com. That's it 440 00:26:45,240 --> 00:26:47,560 Speaker 1: for this time, Thanks for listening, and we'll see you 441 00:26:47,600 --> 00:26:48,000 Speaker 1: next week. 442 00:26:52,440 --> 00:27:01,800 Speaker 8: I think 443 00:27:11,720 --> 00:27:11,840 Speaker 1: Hm