In the 1970s and 1980s, Texaco extracted more than a billion barrels of oil from the Ecuadorean rainforest but spilled an estimated 400,000. In 1993, locals filed a class action against the company. That case is 鈥攊t鈥檚 a legal version of the Amazon, serpentine and vast, with the company still fighting an Ecuadoran judge鈥檚 record-setting $19 billion verdict鈥攁nd is the subject of Paul M. Barrett鈥檚 serious but uneven book (Crown, $26).
Barrett, a senior writer at and author of the bestselling book , focuses on the activist lawyer, , who turned the case into a no-holds-barred crusade against Chevron, which acquired Texaco in 2001. Donziger is an abrasive attorney (I wrote about him for 国产吃瓜黑料 in 2007), and Barrett exhaustively describes his errors: coaching experts and cajoling judges and carrying on like a guerrilla with a law degree. Last March, that Donziger had used coercion and bribery in Ecuador, which would keep him from profiting from the Ecuadorean case if and when it鈥檚 resolved. (Donziger is appealing the decision.)
As a protagonist, Donziger is Shakespearean in his tragic dimensions and a natural magnet for a writer鈥檚 pen. But the odd thing about Barrett鈥檚 book is that Donziger is its nearly exclusive target. Barrett describes him as behaving like a 鈥渕ob boss鈥 with an ego on 鈥渁n Olympian scale.鈥 That may be true, but some of Barrett鈥檚 critiques are petty. Donziger is chided for being married to a woman who works for a glossy-magazine publisher and for living in a two-bedroom Manhattan apartment with 鈥渉igh-end appliances鈥 while his clients in Ecuador live in shacks. But if that鈥檚 hypocrisy, every public-interest lawyer with an espresso machine or a successful spouse is a scoundrel.
Barrett does dip into Chevron鈥檚 chicanery鈥攖he firm to follow Donziger and tried to persuade a freelance journalist to collect information about his Ecuadoran clients on a phony reporting trip鈥攂ut the oil company gets far less scrutiny than its adversary. This seems lopsided, because the worst culprit in this case isn鈥檛 a quixotic lawyer who misplayed the bad hand dealt to him but the company that almost everyone agrees acted in a reprehensible way for decades. Barrett traveled to Ecuador, as I did, saw the pits of years-old oil that still dot the landscape, and heard the stories of that their survivors blame on oil. Even he concluded that the region is 鈥渘o place I鈥檇 want to live.鈥 But Barrett moves on too quickly from the environmental crime scene. Much can be said about Donziger, but despite his many flaws, he did not spill a drop of oil in the Amazon.