NYC judge orders filmmaker deposed to learn what he knows about Chevron-Ecuador legal fight

NYC judge orders filmmaker deposed in Chevron case

NEW YORK — 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.