“More than a quarter-century ago, Steven Donziger, a young American human rights lawyer, joined the legal effort to force Texaco to clean up the Ecuadoran headwaters of the Amazon rain forest. Between 1972 and 1992, the company dumped toxic waste and spilled billions of gallons of oil-exposed water across 1,700 square miles, an area larger than Rhode Island. In response, a coalition of rural Ecuadorans in the Lago Agrio region sued the US oil giant, and Donziger signed on to help and soon became the lead attorney on the case.”
“In 2013, after a legal campaign that stretched across two continents, the 30,000 indigenous people and small farmers whom Donziger represented in a class-action lawsuit won a $9.5 billion judgment in Ecuadoran courts against Chevron, which acquired Texaco in 2001. It was one of the largest financial judgments ever against an oil company. It looked like a historic warning to polluters across the Global South. Paul Paz y Miño, the associate director of the environmental group Amazon Watch, described it as “the most important corporate accountability case in history.”“
“Fast-forward to today, and Donziger is under house arrest in New York City, forced to wear an ankle monitor. The lawyer, now 59, is fighting contempt charges. Meanwhile, his clients in Ecuador have received nothing from Chevron. Without that funding, they have no way to cleanse the poisoned soil or treat what they say is an elevated number of cancer cases.”
“The mainstream press has largely ignored the legal attacks against Donziger, but Chevron’s counteroffensive could endanger human rights and environmental work around the world.”
“Chevron’s legal onslaught succeeded largely because of a single federal judge in New York named Lewis A. Kaplan.”
“From the beginning of the […] trial, Kaplan made his pro-business outlook clear. He lauded Chevron as “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.””
“Chevron’s legal offensive is an example of a Strategic Lawsuit Against Public Participation, or SLAPP, suit. Over the past few decades, corporations have brought an increasing number of SLAPP suits against environmental and human rights groups.”
Read more: How a Human Rights Lawyer Went From Hero to House Arrest
2021-week30