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An aerial view shows oil that seeped from a well operated by Chevron at Frade, in Campos Basin in Rio de Janeiro state. REUTERS Handout

Brazil lawsuit vs. Chevron may shift to Rio, remove prosecutor

1/19/2012 COMMENTS (0)

RIO DE JANEIRO, Jan 19 (Reuters) - A judge in Campos, a city in Brazil's main oil region, ordered a 20 billion real ($11.2 billion) oil spill lawsuit against Chevron moved to a court in Rio de Janeiro, a ruling that could sideline the outspoken prosecutor who launched the case.

The office of Campos-based federal prosecutor Eduardo Santos de Oliveira, who filed the civil suit in Campos Federal district court following Chevron's estimated 2,400 barrel offshore oil spill in November, told Reuters on Wednesday that he plans to appeal the Jan. 9 decision.

Oliveira wants to keep the suit in Campos, a venue 144 miles (232 km) north of state capital Rio de Janeiro which has served as the jurisdiction for some past oil spill litigation in Brazil. A judge ruled the case should shift to Rio's Federal Regional Tribunal, which would hand the case to a separate team of federal prosecutors.

A spokesman for San Ramon,California-based Chevron confirmed that a recent ruling could move the lawsuit to Rio de Janeiro. Chevron declined further comment.

Campos isn't the appropriate venue for the suit because alleged damages caused by an oil spill at Chevron's Frade field in November are "regional" in nature, the judge ruled.

The judge's ruling did not address the merits of the lawsuit, which is expected to proceed. Oliveira's appeal may take 10 days, his office said. The prosecutor has also sought to ban Chevron and Transocean from Brazil.

On Dec. 14, Oliveira brought the federal civil action against both Chevron and Transocean, its drilling contractor at Frade, seeking billions in damages for the November spill, which Chevron has taken responsibility for.

It is not clear whether prosecutors in Rio de Janeiro would pursue the lawsuit with the same zeal as Oliveira.

Some legal experts and Brazilian lawmakers have said the massive damages sought in the case are unreasonable.

Oil from the Frade leak, which occurred 230 miles offshore after a pressure kick during drilling that later resulted in oil seeps from the seafloor, never reached the Brazilian coast. The spill volume, which Oliveira puts at 3,000 barrels and Chevron has estimated at 2,400 barrels, is only a tiny fraction of the estimated 4.9 million barrels that spewed from BP's Macondo field in the U.S. Gulf of Mexico during 2010.

Oil production at the 79,000 barrel-per-day Frade field has continued since the leak. However, Brazilian oil regulators ordered Chevron to shut one production well at Frade and have temporarily banned Chevron from drilling any new wells.

Chevron operates the Frade field. Its partners in the heavy oil project are state-run Petrobras and Japan's Inpex Corp., which are not subject to the lawsuit.

(Reporting By Joshua Schneyer and Jeb Blount)

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