Quantcast

U.S. Judge Sides With Chevron in Case Against Ecuadorians, Allows Oil Giant to Evade Justice

Energy

Amazon Watch stands with Ecuadorian communities in rejecting a misguided judgment delaying justice for some 30,000 indigenous people and farmers who continue to suffer from the company's toxic legacy in the Amazon rainforest. The decision—handed down yesterday by New York District Court Judge Lewis Kaplan—also underscores the threat that well-financed corporations pose ​to​ justice and the rule of law with their ability to spend hundreds of millions of dollars on efforts to attack victims and their allies.

Crude oil in an open toxic oil waste pit abandoned by Chevron in the Ecuadorean Amazon Rainforest near Lago Agrio. Photo credit: Rainforest Action Network

Since Chevron filed the bogus RICO action, Ecuadorians and their allies have been relentlessly attacked by the company's army of lawyers and PR agents. These actions were unrelated to real events in Ecuador, setting a dangerous precedent for corporate attacks on constitutional rights.

"This decision also effectively outlaws core activity protected by the First Amendment such as bringing lawsuits, holding protests, issuing press releases and engaging public officials," said Deepak Gupta, attorney for the appellate team in response to the verdict. "This is particularly appalling given that this case is about holding a corporation accountable for refusing to clean up decades of toxic pollution in the Amazon."

Gupta, formerly of Public Citizen, has argued on behalf of plaintiffs in several recent Supreme Court cases, including the high-profile arbitration challenge AT&T Mobility v. Concepcion.

For well over a decade, Amazon Watch has stood with those affected by Chevron's deliberate dumping of 18 billion gallons of toxic wastewater into the Amazon rainforest. Despite admitting to the crime, Chevron has refused to take responsibility for its actions, its "clean-up" efforts proven to be a sham by its own evidence. The company's role as sole operator and designer of the extraction system in Ecuador makes it solely liable for its actions, which is why the communities in Ecuador sued Chevron themselves. Despite these facts Chevron has continued to vilify the communities who continue to suffer and die from pollution.

Chevron's RICO suit and its attack on the victims has been condemned by some of the largest environmental and social justice organizations in the U.S., including the Sierra Club, and more than 100,000 U.S. citizens have written to the U.S. Senate asking for an investigation of Chevron's tactics to suppress free speech.

Chevron's toxic legacy in Ecuador's Amazon Rainforest. Photo credit: Rainforest Action Network

Yesterday's verdict is an example of Chevron buying and bullying its way to a verdict with 60 law firms and thousands of legal professionals hell-bent on exhausting the Ecuadorians and their allies. Such a verdict will ultimately prove useless in Chevron's efforts to evade justice.

Chevron fought for years to have the case moved from a U.S. court to Ecuador and Judge Kaplan—who first recommended that Chevron file the case—holds no authority over Ecuadorian courts. Nor can he issue a ruling preventing the Ecuadorian plaintiffs from collecting on an enforceable verdict outside of the U.S. Furthermore, Kaplan's current order is effectively indistinguishable from an injunction issued by Kaplan in the case two years ago, which was struck down on appeal.

Visit EcoWatch’s ENERGY page for more related news on this topic.

EcoWatch Daily Newsletter

Pick one of these nine activism styles, and you can start making change. YES! Illustrations by Delphine Lee

By Cathy Brown

Most of us have heard about UN researchers warning that we need to make dramatic changes in the next 12 years to limit our risk of extreme heat, drought, floods and poverty caused by climate change. Report after report about a bleak climate future can leave people in despair.

Read More Show Less
Jamie Grill Photography / Getty Images

Losing weight, improving heart health and decreasing your chances for metabolic diseases like diabetes may be as simple as cutting back on a handful of Oreos or saying no to a side of fries, according to a new study published in the journal The Lancet Diabetes & Endocrinology.

Read More Show Less
Sponsored
Golde Wallingford submitted this photo of "Pure Joy" to EcoWatch's first photo contest. Golde Wallingford

EcoWatch is pleased to announce our third photo contest!

Read More Show Less
A boy gives an impromptu speech about him not wanting to die in the next 10 years during the protest on July 15. The Scottish wing of the Extinction Rebellion environmental group of Scotland locked down Glasgow's Trongate for 12 hours in protest of climate change. Stewart Kirby / SOPA Images / LightRocket / Getty Images

It's important to remember that one person can make a difference. From teenagers to world-renowned scientists, individuals are inspiring positive shifts around the world. Maybe you won't become a hard-core activist, but this list of people below can inspire simple ways to kickstart better habits. Here are seven people advocating for a better planet.

Read More Show Less
A group of wind turbines in a field in Banffshire, Northeast Scotland. Universal Images Group / Getty Images

Scotland produced enough power from wind turbines in the first half of 2019, that it could power Scotland twice over. Put another way, it's enough energy to power all of Scotland and most of Northern England, according to the BBC — an impressive step for the United Kingdom, which pledged to be carbon neutral in 30 years.

Read More Show Less
Sponsored
Beekeeper Jeff Anderson works with members of his family in this photo from 2014. He once employed all of his adult children but can no longer afford to do so. CHRIS JORDAN-BLOCH / EARTHJUSTICE

By Jessica A. Knoblauch

It's been a particularly terrible summer for bees. Recently, the U.S. Environmental Protection Agency (EPA) announced it is allowing the bee-killing pesticide sulfoxaflor back on the market. And just a few weeks prior, the USDA announced it is suspending data collection for its annual honeybee survey, which tracks honeybee populations across the U.S., providing critical information to farmers and scientists.

Read More Show Less

tommaso79 / iStock / Getty Images Plus

By Rachel Licker

As a new mom, I've had to think about heat safety in many new ways since pregnant women and young children are among the most vulnerable to extreme heat.

Read More Show Less
Pexels

By Kris Gunnars, BSc

It's easy to get confused about which foods are healthy and which aren't.

Read More Show Less