Second Circuit Response, Part I

Second Circuit Decision in Chevron Corp. v Donziger et al.:

PART I: Rubber-Stamping Biased Findings Designed to Intimidate Foreign Courts and Protect an “Important” U.S. Company

[W]e are dealing here with a company of considerable importance to our economy that employs thousands all over the world, that supplies a group of commodities, gasoline, heating oil, other fuels and lubricants on which every one of us depends every single day. I don’t think there is anybody in this courtroom who wants to pull his car into a gas station to fill up and finds that there isn’t any gas there because these folks [the Ecuadorians, as part of their efforts to enforce their environmental judgment] have attached it in Singapore or wherever else.

—U.S. federal judge Lewis A. Kaplan, Feb. 18, 2011

The Second Circuit opinion in the Chevron Corp. v Donziger et al. case has been a disappointment for those who (try to) think that U.S. federal courts are “above the fray” of ideological politics and corporate interests. The opinion is a blatant “hatchet job” on Steven Donziger, the New York-based human rights lawyer who for the last 20 years has teamed up with Ecuadorian indigenous nationalities and Amazon farmers to press an historic environmental lawsuit against Chevron, and who Chevron considered so dangerous that in 2009 its top strategists crafted “long-term strategy” to avoid the environmental liability, a strategy that they succinctly summarized, in internal emails, in two words: “demonize Donziger.” Continue reading

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