Skip to main content

The Globe and Mail

Brazil drops criminal oil spill charges against Chevron, Transocean: sources

An aerial view shows oil that seeped from a well operated by Chevron Corp. at Frade, on the water in Campos Basin, Rio de Janeiro state, Nov. 18, 2011.


A Brazilian judge dropped criminal charges against Chevron Corp., Transocean Ltd.and 17 of their employees related to a November 2011 offshore oil spill, the companies said on Wednesday.

The criminal case, and a civil suit seeking as much as 40-billion reais ($20.4-billion U.S.) in damages, have cast a chill over Brazil's oil industry. The criminal suit carried penalties of up to 31 years. The civil case still open is Brazil's largest-ever environmental lawsuit.

Brazilian oil output fell in 2012, and shutting Chevron operations in the South American country contributed to the decline. Investor interest was already waning in the face of regulatory changes and a bitter dispute over royalties that have blocked the sale of new exploration licences for four years.

Story continues below advertisement

"Chevron has been tied up for more than a year over a spill that caused no real damage," said Adriano Pires, head of the Brazil Infrastructure Institute, a Rio de Janeiro energy think-tank. "It's impossible to understand how a country that wants to attract investment would have taken so long to dismiss the case against Chevron."

Failure to dismiss this case, or resolve the civil suit, will make it hard to attract investment for three oil and gas rights auctions planned for later this year, he added.

The press offices of Chevron and Transocean confirmed a Reuters report of the dismissal of criminal charges based on three sources with direct knowledge of the case.

"We welcome this news that the Court recognized, with respect to the Frade event of November 2011, that Transocean's crews did exactly what they were trained to do, acting responsibly, appropriately and quickly while always maintaining safety as their top priority," Guy Cantwell, a Transocean spokesman in Houston, said in an e-mailed statement.

The criminal charges were filed last March by Eduardo Santos de Oliveira, the same Brazilian prosecutor who filed the civil lawsuit.

The 3,600-barrel spill in the Frade Field northeast of Rio de Janeiro was quickly stopped, cleaned up and caused no discernible environmental damage, Brazil's oil regulator, the ANP, said in a report last year.

The spill was less than 1/1000th of the size of BP PLC's Deepwater Horizon disaster in 2010. The Frade spill never came close to shore. No workers were injured in the Frade spill. In the Deepwater Horizon disaster 11 died.

Story continues below advertisement

Chevron said in a statement that it "is pleased by the court's decision. Chevron Brasil remains committed to its policy of full transparency and close co-operation with the Brazilian authorities."

Prosecutors can still appeal the ruling dismissing the charges, made by Judge Marcelo Luzio of the 10th Criminal Unit of the Rio de Janeiro Federal Court, one of the sources said.

The sources asked not to be named because their employers do not allow them to speak about the case.

The Frade field is 52-per-cent owned by California-based Chevron, 30 per cent by Brazil's state-led Petroleo Brasileiro SA and 18 per cent by Frade Japao, a group owned by Japanese trading companies Inpex Corp. and Sojitz Corp.

Petrobras, as the Brazilian company is known, Sojitz and Inpex were never charged in relation to the spill.

Report an error

The Globe invites you to share your views. Please stay on topic and be respectful to everyone. For more information on our commenting policies and how our community-based moderation works, please read our Community Guidelines and our Terms and Conditions.

We’ve made some technical updates to our commenting software. If you are experiencing any issues posting comments, simply log out and log back in.

Discussion loading… ✨