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Lawsuit

1 Aug 2005

Author:
Business & Human Rights Resource Centre

Chevron lawsuit (re Nigeria)

Status: CLOSED

Date lawsuit was filed
1 Aug 2005
Unknown
Location of Filing: United States of America
Location of Incident: Nigeria
Type of Litigation: Transnational

Companies

Chevron United States of America Oil, gas & coal

Sources

In 1999, a group of Nigerians of the Niger Delta region, where Chevron engages in oil production activities, brought a lawsuit against Chevron in US federal court.  The plaintiffs allege that they suffered human rights violations, including torture and summary execution, at the hands of the Nigerian military and police acting in concert with Chevron to suppress the plaintiffs’ protests against Chevron’s environmental practices in the Niger Delta.  The claims against Chevron are based on two incidents.  First, two protestors were shot by Nigerian military and police allegedly recruited by Chevron at its Parabe offshore platform.  Second, two Nigerian villages, Opia and Ikenyan, were attacked by Nigerian soldiers using helicopters and boats allegedly leased and/or owned by Chevron, and these attacks allegedly caused the death and injury of a number of villagers. 

In March of 2007, a federal judge dismissed the federal racketeering claims against Chevron, but the judge declined to dismiss the remaining nine claims made by the plaintiffs.  In August of 2007, a federal judge issued a series of decisions regarding Chevron's motions for summary judgment.  The judge's orders narrowed the lawsuit,but the plaintiffs' central claims regarding Chevron's complicity in human rights violations were allowed to stand.  On 1 December 2008, the federal jury cleared Chevron of the charges in this case.  In March 2009, the federal judge denied the plaintiffs' request for a new trial, finding that the evidence presented at trial supported the jury's verdict.  The plaintiffs filed an appeal with the Ninth Circuit Court of Appeals in April 2009.  The Court of Appeals heard the appeal in June 2010.  In September 2010 the Court of Appeals issued a decision upholding the verdict of the trial court.  The plaintiffs petitioned the Supreme Court on 20 June 2011 asking the court to hear an appeal in this case.  In late April 2012 the Supreme Court declined to hear the appeal.

- "Chevron Reaches End of Torture Liability Suit",  Barbara Leonard, Courthouse New Service [USA], 23 Apr 2012
- "Verdict clearing Chevron is upheld", Bob Egelko, San Francisco Chronicle, 11 Sep 2010
- "Burden of proof at issue at Chevron-Nigeria appeal", Braden Reddall, Reuters, 14 Jun 2010
- "Chevron cleared in 1998 shootings at Nigerian oil platform", Richard Paddock, Los Angeles Times, 2 Dec 2008
- "US judge lets Chevron Nigeria lawsuit continue", Reuters, 16 Aug 2007

- "Chevron wins partial dismissal in Nigeria case", Associated Press, 14 Mar 2007
- “New Document Alleges Tie Between Chevron and Human Rights Abuses in Nigeria”, William Baue, SocialFunds.com, 12 Aug 2005

- “Chevron Paid Nigerian Troops After Alleged Killings”, David R. Baker, San Francisco Chronicle, 04 Aug 2005

- “ChevronTexaco Going To Trial”, Karen Gullo, Bloomberg News, 26 Mar 2004

Chevron:
- Bowoto v. Chevron - Hostage Taking Incident in Nigeria

Center for Constitutional Rights [plaintiffs’ counsel]:
- Bowoto v. Chevron [case synopsis]

Earthrights International [plaintiffs’ counsel]:
- Bowoto v. ChevronTexaco [includes links to certain court documents]

- [PDF] Bowoto, et al. v. Chevron Corporaton - Petition for Writ of Certiorari, 20 June 2011
- US Court of Appeals for the Ninth Circuit: [PDF] Bowoto, et al. v. Chevron Corporation - Opinion, 10 Sep 2010 

Timeline