Three years in the making, Joe Berliner’s Crude takes us deep into Ecuador where the people of Cafon tribe and other indigenous and colonial people become the 30,000-strong plaintiffs against Chevron in a class-action lawsuit that has dragged on for over a decade. The largest piece of evidence is environment itself–an area the size of Rhode Island that is saturated with petrochemical residue and toxic waste. Oil floats on top the river water where people bathe, wash their clothes and draw water for food and cooking–and the people are dying.
Children have rashes, whole families are devastated by cancer, and yet Chevron’s scientists and lawyers deny the connection between the deaths and illnesses, while admitting to their own estimation of 17 million gallons of spilled petrol. The corporation tries to pass the blame to the state owned PetroEcuador and well, just that people die. It is horrifying to watch Chevron’s attractive female scientist, wearing green no doubt to show her environmental sensitivity, say that the death rates are normal and the water meets United States EPA standards. One of Chevron’s attorneys says that what has happened in Ecuador in term of environmental damage is normal for oil fields–and besides, they aren’t responsible, it’s PetroEcuador which is to blame.
At the center of this legal drama are environmentalist Luis Yanza and Pablo Fajardo, a young former oil field worker turned lawyer, aided by Stephen Donzinger who filed the original class action lawsuit in 1993. The involvement of Donzinger and a Philadelphia law firm as well as the environmental group Amazon Watch is criticized by Chevron’s Ecuadorean attorneys who–with no irony at all–try to paint the class action lawsuit as an attempt by outside interests to rip off the native population.
Donzinger applies both legal expertise and a PR spin to the lawsuit, enlisting the aid of actress/activist Trudie Styler who created the Rainforest Foundation with her husband Sting. Styler’s involvement brings world attention to the lawsuit and the plaintiffs’ case, as does an article in Vanity Fair profiling Fajardo, who says after reading the article that he wishes there had been one picture of a suffering family because that is what the story is really about.
The tide begins to turn in the plaintiffs’ favor when Ecuador’s new president, the young and charismatic Rafael Correa, is elected. He travels to the jungle–jarring footage of the rainforest contrasts with the flames from the drilling towers and the rusting pipelines throughout the film–and sees the horrors of the oil fields.
It smells like gasoline
he says, sniffing the water.
Chevron insists its remediation processes, draining and covering dumps were carried out properly, that they have done nothing wrong, then in a legal manoeuvre, try to shut down the independent lab carrying out analysis of the soil and water from the jungle. The judge Chevron tries to use reviews the matter in his office, cameras rolling, lawyers shouting, and reascends the order, allowing the analysis to continue, an eye-opening look at the country’s judicial process.
Fajardo’s adventures as an innocent abroad expand his world view–he is brought to see the Police play at Earth Aid, he wins both the CNN Heroes award and the Goldman Prize (the environmental equivalent of the Nobel Peace Prize), while Amazon Watch and Donzinger bring two native Ecuadorans to New York for the Chevron stockholders’ meeting.
In a non-binding judgment, the Ecuadorean courts decide in the plaintiffs’ favor, granting them a multi-billion dollar judgment; Chevron had fought to the case moved to Ecuador hoping for a better outcome. Ooops. However, as Berliner makes clear, the corporation may never have to pay and plaintiffs could die waiting for their case to ultimately settle.
Crude is a fascinating study in politics, money, the environment and the legal system which shows the human toll from our dependence on oil and corporate greed.
Related posts:





Spotlight








Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About Firedoglake
Advanced search

Welcome to FDL Movie Night. Please welcome Joe Berliner, the director of Crude. Please remember to hit refresh every minute or so to update comments, and if you have a reply to hit “reply” the send “comment.” And please stay on topic! Thanks! Welcome Joe, and thank you for making this beautifully shot and compelling film.
thank you for having me…this is my first chat!
Joe, Welcome to the Lake.
We’ll be gentle with you Joe!
Joe, what led you to the story behind Crude?
thanks. happy to talk about this film…it was a life changing experience for me.
the lawyer for the case came to see me in 2005…I was initially reluctant, but when I saw the environmental degredation, I was embarrassed to be an American. When I saw indigenous people eating canned tuna fish because the fish in their river were all dead, I was heartbroken. I felt someone had to shine a light on this story, which up until then was not widely reported.
okay…send me some tough ones
Joe, How long were you on site filming? What were the conditions? Did you have to “dodge” the corporation security folks?
I have questions about what the jungle life was like–you talk about the native people eating canned tuna–tell us more. Do they still practice shamanism–I saw one man talk about how his father was a shaman? Were an rituals done to help their case?
Did you ever feel like you were in danger–especially since Pablo Fajardo’s brother was murdered?
took about 25 trips down to the Amazon over a three year period. Extremely difficult conditions…my last film was about a heavy metal band — Metallica: Some Kind of Monster…that was a lot easier! for CRUDE, we had to deal with 120 degree heat; noxious fumes, the emotional toll of cancer victims..plus we were a few miles from the Colombian border where the FARQ and drug runners were very active, so we tried to keep a low profile, even from the corporate security people…most people assumed we were with an NGO, not documentary makers.
One of the heartbreaks of this case and one of the themes of this film is that people have suffered a cultural genocide at the hands of economic progress…very few of their ancient customs remain, and to be the loss of this “ethnosphere” is incalcuable. We often did feel like we were in danger…we had gear stolen and we were followed .
It’s a wonder these corporations show up to court at all since they won’t pay if they lose.
Joe – welcome – I don’t know if you ever saw this, but it’s just an amazing piece of work connecting what’s happened with the Magna Carta:
http://bostonreview.net/BR28.3/linebaugh.html
Marcos described the global forces that daily suck out 92,000 barrels of oil, leaving behind “ecological destruction, agricultural plunder, hyperinflation, alcoholism, prostitution, and poverty” while the campesinos in Ocosingo have to cut wood to survive. The ejido, or village commons, has been destroyed, and its legal protection, Article 27 of the Mexican Constitution, repealed.
The story of the extraction of natural resources and limiting indigenous people’s access to land is repeated around the world. Last summer hundreds of women seized the Chevron Escravos Oil Terminal in Nigeria (the word escravos means “slavery” in Portuguese). Its engineers have widened the Escravos River in the Bight of Benin, destroying the mangrove forest and the village of Ugborodo. Women can no longer hew wood for fuel or draw clean water for drink. Prostitution is the only “decent-paying job.”
Have there been fewer cases of cancer since Trudie started the Water Project?
I don’t think they ever though it would get this far. The case was originally filed in the US and CHevron argued it should be moved to Ecuador…after years of delay, it finaally was moved there. I think they expected the case to die…they did not count on changing politics and the emergence of a populist hero like Pablo Fajardo who is leading the case
The legal process in Ecuador was fascinating to see. And that the president would fly out and get involved..incredible!
thanks…I will check that out…in fact for me this film is all about White People’s (I am one of them) shameful treatment of indigenous communities over the centuries, and what multinational corporations do in the extractive industries in the homeland of indigenous people is just the late 20th and early 21st century continuation of this abysmal behavior.
it’s way too early for that water project to have had an impact on cancer rates, and the water project is just a band aid to the larger problem of soil and ground water contamination. But I encourage people to go to our website http://www.crudethemovie.com and get involved and help donate to the water project.
What that piece is all about, really, is the utility of the Magna Carta in terms of indigenous peoples staking claim to ‘the commons’ – the natural resources surrounding them and fighting the ‘privatisation’ of that commons. Considering that basically every western government stakes it’s basis all the way back to the Magna Carta, it is very difficult for them to say that an outside power has the right to privatize the commons since in the Magna Carta, it states specifically that ‘the commons’ is for the use of the people who live in that area.
It seems that there is no way to restore the jungle, he water, yet it is amazing how ALIVE the jungle looked, the vegetation…
that was a great moment in the film…the first time a president of the country has actually toured the region and shown sympathy for the victims. Chevron looks at that and says it demonstrates that the process has become politicized and they are not getting a fair trial.
The land was “land” owned by the country of Ecuador, not a tribal reservation, or owned by the tribes? Did Texaco (aka Chevron buy or lease the land they drilled on? Obvioulsy the pollution went far beyond the lands they were supposed ot use because of run off…
it’s deceptive…there is still lush vegetation but crops are not what they used to be..biodiversity on the decline…polluted drinking water and soil that is saturated with oil.
land was the ancestral homeland of 6 indigenous tribes, one of which is now extinct. Ecuador claimed the mineral rights and forced many of these tribes off of much of their land. A familiar story from our own country.
Has the life of the Natives improved at all since you started making this film?
Why just Chevron, why shouldn’t everyone in the US be held accountable too?
Chevron wouldn’t be pulling the oil if the US citizen didn’t demand the oil.
Are we all innocent? The blood is on who’s hands?
other than some fresh drinking water thru rain collection units provided by Sting and Trudie for a portion of the population, not much has changed, sadly.
Amen. We all need to think about the products we use and how they are procurred and the impact on other people…a major theme of the film.
I heard that Conoco Phillips did a similar exploitation of Native Americans in Oklahoma. Do you know anything about this?
Does anyone know what standing indigenous peoples have in front of international bodies? Can indigenous peoples sue the governments that are basically killing them in an international arena?
Hey I selfishly want to know if people out there are familiar with my previous films…BROTHER’S KEEPER, PARADISE LOST or METALLICA SOME KIND OF MONSTER. Just curious.
good question…don’t know
I was shocked to hear what that scientist said about the levels of toxins in the water–and how the death rates were not abnormal. Like wtf? was she reading doctored data? Did she sell her soul?
I know all of your films. I am a big fan.I have copies of all of them!!!
Metallica–Some Kind of Monster! AWESOME!!!
the amount of conflicting scientific claims in this case and the sheer volume of paperwork submitted to this tiny courthouse in the jungle would make your head spin. One of the themes of the film is how hard it is to get justice and how inadequate the legal system is in these cases of environmental calamity and human rights abuses.
look forward to seeing the other..joe can you describe the “hearing” scene where lawyers and yelling and accusing each other of corruption?
sweet..I have a fan on FDL!
oh, you were paid to say that.
funny you should mention that…it’s a story I am looking into…met someone from the area when i was showing the film at a Native American Cinema showcase in Santa Fe last week.
Well, it certainly seems that justice comes for those who have access to the resources to be able to jump through all the hoops, etc.
great moment in the film when we follow Steven the lawyer into a Quito courtroom to make the judge aware of some alleged manipulation by Chevron…Chevron shows up and there is a screaming match in the judge’s chambers in which the Steven, the American lawyer, yells in his face that he is a corrupt lawyer…it’s a great scene…one of my favorites.
I love that scene too! “Tu esta un abogado corrupto”! It’s brilliant!!
hey lisa…I just noticed in your write about the movie at the top of this chat, my name is misspelled as “Berliner”.
Also, it’s the Cofan people.
And can you explain for the benefit of those who haven’t seen the film exactly what Pres. Correa said about the remediation process?
That is was fraudulent. And although the damage is thirty times greater than the Exxon Valdez, no one cares because it didn’t happen in the US.
Governments?
While it’s true that governments use plenty of oil resources, it pales in comparison to what citizens use.
When crude oil is refined, its various chemical parts are separated and some become gasoline, lubricants, asphalt, and other raw materials for plastics and rubber and many more things:
Fuels – like gasoline, diesel, propane, heating oil
Petrochemicals:
• plastics – do you use any of these?
• clothing (polyester, nylon)
• hand lotions
• car tires
• ammonia
• Jet fuel
• Kerosene
• Natural gas
If people use it, they’re as guilty as non-specific “governments”.
thanks, wil fix, you may notcde I am not a good typist, thouhg I do love movies!
Did the Ecuadorean press cover this? what do they cover? are they a state run/owned media?
i agree
And that’s all that matters to me!
Joe, how far does the pollution reach into the jungle and along the banks of the rivers?
Some press covered it/not state-owned, but it’s amazing how in the capital city, Quito, this story is barely known.
Will Crude be shown Ecuador?
How did this confrontation play out in front of the Judge? What type of hearing was it?
New on WaPo: Chevron fights back
Videos Implicate Ecuador Officials in Bribery Scheme, Oil Giant Says
Mm hm.
ooooooo
Wow – what an impact the film has had.
We had an incredible screening in Quito in May at the opening of their film festival…opening night film..a theater at the university was opened for the first time in a decade to accommodate the huge crowd that they were expecting…1400 people crammed into a 1200 seat theater…people were deeply moved…gave Pablo a 15 minute heroes standing ovation at the end…everyone said that had no idea about this and expressed deep gratitude…it was the best screening i have ever had for one of my films. It is now touring the country — I am letting the film be used free of charge to raise awareness.
this seemed pretty clear when the Chevron attorney for Latin America was saying “oh each site was inspected by officials at each stage before we could move on to the next” and then Joe has a tagline that this lawyer was indicted…
it was a hearing to allow Chevron to inspect the labs that are doing the soil analyses for the plaintiffs
Apparently Chevron is fighting back against the judge:
Video Tapes Implicate Judge Núñez
Video recordings reveal a $3 million bribery scheme implicating the judge presiding over the environmental lawsuit currently pending against Chevron and individuals who identify themselves as representatives of the Ecuadorian government and its ruling party.
I am sure international response has been amazing as well. Academy consideration? YES PLEASE!
So is the IMF able to get involved to help the tribes financially? Are their indigenous crafts that are being promoted as a way to help the people?
this is indeed troubling and we are trying to get some info, but it could be a case of a “dirty tricks” campaign.
Are their indigenous crafts that are being promoted as a way to help the people?
For real?
international response has been great. IMF useless!
don’t understand the question
Joe will any of your footage be subpoenaed do you think for that Nunez trial?
hey..that would be great promotion for film…let’s hope so!
Are there traditional arts and crafts made by the indigenous people that are being offered for sale through Oxfam or other NGOs to help support them?
“Dirty Tricks” or corruption of the legal system? Doesn’t this indicate the corporations will do anything to win / continue taking the resources of the country?
i leave it to my viewers to decide!
Have there been screenings in US for Congress? Environmental groups? DVDs sent to Chevron shareholders from institutions to little church ladies(bouwahahaaha!)
all of the above! I have offered to screen for Chevron empolyees but have been turned down.
I should probably tone this down, but we all use their petroleum for gas and plastics, and complain about the company that brings it to us and champion lawsuits against that company that sold us what we happily paid them for, and then want to know if we can buy boondoggles from the natives to clear our conscience?
The people buying the petroleum products are as bad as the companies extracting and selling it.
you have a point…but, we expect our corporations to be behave responsibly…but now we know better. So, we are part of the problem, but can be part of the solution if we are armed with knowledge.
Maybe the DVDs just need to show up on their desks in the morning mail! You have gotten GREAT reviews (and rightly so!) How is public response? Is this going to schools? I woud think everyone form modern history and econ professors to anthro classes would want to show this–high school and above. And GREAT for Spanish classes–listening helped my comprehension skills.
well, we hope people go see it in theaters…we have a small theatrical release in the top 20 markets happening this fall. It goes out on DVD in the spring, and then I hope it is widely seen at schools and unviersities.
I concur with you–but living a completely petroleum free life is well nigh impossible, would kind a make using a computer kinda hard to do!
If the tribes can to find a way to stay on their native lands and keep their traditions alive, those ways should be looked at.
CRUDE is not an anti oil film, it is a human rights film about treatment of indigenous people.
Exactly. And how can those rights be restored? the harm mitigated?
Joe, what is your next project?
I feel like I’m back in the 1960s when the environmental movement picked up speed and Earth Day started.
I am one of the creators of a TV show called ICONOCLASTS on the Sundance Channel which begins season 5 in the fall…so back to TV for me to make a buck to pay for all of this humanitarianism. I am also making a film about horror writer Clive Barker.
Woodstock or Altamont?
If you haven’t been to the website yet, please go–and check out screening in your area–ask your local theatres if you dont see it!
http://www.crudethemovie.com/now-playing/
yes…please…spread the word…we need to do wel or we’ll die a quick death…Sept 9th in NYC at the IFC center in Manhattan; Sept 18th at the Nuart in LA; Sept 25th in San Fran at the Lumiere.
Do you have a facebook page for CRUDE?
Thanks Joe. (Lisa, you too)
You’ve been extremely civil in dealing with my arguments that people shouldn’t be complaining about oil companies when the people themselves use all the products made by the companies.
Over 90% if our computers we’re using tonight, as well as the cd’s you intend to distribute are all cheap and available because of the companies being complained about.
And I do understand, it’s not just the companies, it’s their practices in countries that don’t have good environmental policies. They “generally” do what’s right in the USA, because we’re looking after them, and in less developed areas, they don’t act as responsible.
But we still use their cheap plastic and gas wherever we can find it. And I think the people don’t take enough blame. You’re the only ones on this thread acknowledged that there may be some truth there.
yes…you can link to it through our movie website
http://www.crudethemovie.com
If companies would adhere to US EPA standards outside the US I think things owuld be a bit better, but that utter disregard for indigenou peole is appalling
there is a lot of truth …. other people pay a high price for our rampant consumerism.
appalling indeed. It’s been the same story for 600 years.
Joe thank you SO MUCH for making Crude (and Metallica!) and for being here tonight. see you at the Oscars I hope!
I assume it’s time to say bye bye…thanks for having me!
JB
From your mouth to Oscar’s ear…
Ah, hello. Late here to this thread. This is fascinating. Made me think of my friend, Greg Palast and the work he did up north in Alaska with the Exxon Valdez debacle. He wrote about it. I always thought he should have made a move about that. But, as we know, it’s a long slog. Good for you! Bringing out this information is, if not surprising, still, extremely important.
Should I pick up the beer bottles and turn out the lights?
These legal paper storms surely intended to slow,divert,distract and place in distress this scale of underfunded,understaffed legal/judicial forum.
Corporations have ridden roughshod across the planet post WW2 in search of natural resources to exploit — local human populations subjected to large doses of corporate abuse as this film demonstrates and displays.
This is taking place across Africa and Asia as well. In Nigeria. In Burma. In Indonesia. In Papua New Guinea. Whether this corporate exploitation centers around mining,logging or drilling and pumping/pipeline operations the horror stories share similar traits of what happens to local populations. To easily overwhelmed/corrupted/subverted local,regional or national governments.
Corporate good citizenship? Corporate eco/social centric conduct? Accountablility? Responsibility taken? Not much. Too little. Criminally driven for reason of profits and power to ride roughshod over humanbeings.
The money attacks corporations can mount against weak or corrupted governments set the stage for more corruption,environmental mayhem and very deep perversion of local populations traditional living patterns and social structures.
Unless and until international corporations are reeled in and bound to international laws and courts.
Unless equal classed courts and control agencies that can and will govern,restrict and punish this terrible conduct of corporate exploitation and legal gaming of weak victims and corrupted governments.
Unless this level field of play is created and maintained there will not be any real ceasing of the conduct and attendant consequences this film is highlighting.