In this case, Delfina Torres’ committee  (represented 60,000 people from the neighbourhoods: La Tolita, Codesa and Fosters), suits Petroecuador, Petrocomercial & Petroindustrial for causing 4 oil spills in Esmeraldas’ province. The first spill occurred in 1997, 1200 gallons were spilled across 2 km of Esmeralda beach. On October 1997 pool of oil waste originated the second oil spill and burnt the Esmeraldas refinery. In 1998, the third spill occurred because of a ruptured in the oil pipeline. It caused that 16,000 barrels of oil spread across the Teone and Esmeraldas rivers. Subsequently, there was a fire that burned houses and vegetation. The fire killed 14 people and injured 52 people.

Delfina Torres’ committee suits for damages in front of the Third Court of Civil province of Esmeraldas against Petroecuador, Petrocomercial & Petroindustrial. The Court rejects the legal claim for failing to the act and explains that the damage occurred was a natural disaster or force majeure. The Court, considered that the defendant is not responsible for the damages occurred and it has not been negligent either.

Delfina Torres’ committee appealed the decision in front of the Ecuadorian Supreme Court, which reversed the Third Court decision. Indeed, the judges condemn companies Petroecuador, Petrocomercial, Petroindustria, to pay  the amount of 11million dollars by implementating basic infrastructure in the neighborhood Delfina Torres. This construction will be implemented after planning, in coordination with the Ministries of Education, Public Works and Social Welfare. Additionally, the judges order the adoption of security measures in the State of Esmeraldas refinery and oil infrastructure in the province, in order to prevent damage on the environment and population.