[ Reprinted from CSRwire ]
Canada Supreme Court To Decide Friday Whether Chevron Assets Can Be Targeted by Ecuadorian Villagers
OTTAWA, Sep. 02 /CSRwire/ – In a decision that could have important implications for human rights victims worldwide, Canada’s Supreme Court on Friday will announce whether Ecuadorian villagers can proceed in Canadian courts to try to seize Chevron’s assets to force the oil giant to comply with a $9.5 billion Ecuadorian environmental judgment.
If the court decides in favor of the villagers, the decision could pose a substantial risk to Chevron’s large asset base in Canada. The oil giant owns offshore oil fields, a tar sands investment, and a refinery in the country that collectively are worth an estimated $15 billion and produce an estimated $2 billion to $3 billion annually in profits.
The decision also could pave the way for human rights victims to more easily obtain compensation from private companies that try to hide their assets in overseas subsidiaries as a way to evade paying civil judgments in environmental cases, according to experts and others following the two-decade litigation. Continue reading
In the wake of a controversial U.S. court ruling that a $9.5 billion Ecuador judgment against Chevron is fraudulent, the oil giant has been touting loudly its innocence of any environmental crimes in the South American country.
Chevron’s lawyers even successfully pressured some CBS News corporate suits to yank a damning 60 Minutes piece from the network’s website about the deliberate contamination of the Ecuador rainforest from 1964 to 1992 by Texaco, which Chevron later bought.
(See the dead link here. You can see the segment on my company’s web site. So sue me, CBS.)
Instead of succumbing to Chevron’s pressure tactics, CBS’ lawyers should grow a backbone and demand to see contamination “playbook” documents that Chevron has been forced to produce in an international arbitration proceeding.
They are explosive and prove 60 Minutes got it right, and the U.S. judge got it wrong.
New York, NY – Saying the decision in Chevron’s RICO case is without legal precedent, New York Attorney Steven Donziger and two Ecuadorian villagers today filed papers with Judge Lewis A. Kaplan seeking to stay his decision granting an injunction and other remedies to Chevron after it was hit with a $9.5 billion judgment in Ecuador for deliberately dumping toxic waste into the rainforest.
The papers, filed by Donziger’s lead appellate attorney Deepak Gupta, argue that Judge Kaplan’s decision is highly likely to be thrown out on appeal and will cause “irreparable harm” if not stayed pending the appeals process, which can sometimes take two years or more.
The papers, which can be read here, argue that Judge Kaplan’s RICO decision “seeks to preemptively undermine the judicial decree of a foreign sovereign nation and, in so doing, to let Chevron Corporation off the hook for decades of deliberate pollution in the Amazon rainforest.” The brief adds: “Along the way, it sidesteps jurisdictional hurdles, runs afoul of fundamental norms of international comity, and contravenes multiple decisions of the Second Circuit arising out of this same long-running controversy.” Continue reading