by
Rex Weyler
In the fall of 2016, I travelled to Ecuador’s Amazon Basin, where I
met Indigenous communities and Campesino farmers whose land had been
polluted by toxic oil waste. They had won a landmark court judgement
against the Chevron Corporation, but the company refused to pay. I
visited the one, tiny clinic serving thousands of cancer patients, and
also met the victims’ American lawyer, who has spent the last 27 years
defending their rights. Steven Donziger, lawyer for the Ecuador plaintiffs for 25 years, at an oil site in Ecuador’s Amazon
You’ve probably never heard of Steven Donziger, but I believe history
will place Donziger – a man vilified by his corporate opponents –
alongside Gandhi, Susan B. Anthony, Martin Luther King, Vandana Shiva,
and other leaders of human rights and environmental resistance to
corporate malfeasance and arrogance.
At the time of writing, Donziger has been trapped in home detention
for six months. He has still not actually been convicted of any crime.
By all accounts, he appears to be a political prisoner of a private
corporation bolstered by a cooperative federal judge.
We live in an era of vast ecological decline and social disparity. Toxins poison all life on Earth, about half of Earth’s Pleistocene forests are gone, and thousands of species go extinct every year. Meanwhile, according to the UN, over nine million people starve to death annually, with over 800 million people suffering
from chronic malnourishment. In December, an eye-witness to violence
against Indigenous people in Brazil concluded, “There is no environmental justice without social justice.”
The link between ecological protection and human rights is evident in
Ecuador’s Amazon basin, where massive oil pollution has destroyed
forests and farms and left some of the world’s poorest people with birth
defects and a cancer epidemic. In 1993, Ecuador’s Frente de Defensa de la Amazonía (FDA), representing 30,000 victims of Chevron’s toxic oil
waste, asked Donziger to help them win compensation for what is likely
the largest oil-related human disaster in history.
Eight years ago, Donziger and the FDA legal team won the largest
court judgement in history for human rights and environmental
violations, a $9.5 billion verdict against the Chevron Corporation.
Following this verdict, Chevron sold their assets in Ecuador, fled the
country, threatened the plaintiffs with a “lifetime of litigation” if
they attempted to collect, and – according to internal Chevron memos – launched a retaliatory campaign to “demonize” Donziger.
From Chevron’s subsequent actions, it appears that they also intended to
impoverish him so that he could no longer work to collect the judgement
in other jurisdictions.
“Mr. Donziger came to our aid at a time when our communities had been
poisoned, and we were up against one of the largest corporations in the
world,” said Luis Yanza, cofounder and president of the FDA . “Thanks to Mr. Donziger’s generous work, three layers of
Ecuador courts found Chevron guilty of deliberately dumping billions of
gallons of toxic oil waste into the Amazon rainforest. Chevron has
refused to pay the court-ordered compensation, and has instead set out
to, in their own words, “demonize Mr. Donziger.”
Donziger’s lawyer, Andrew Frisch, has stated that “Chevron’s case …
rested on the paid testimony of a witness who was paid over $1 million.
He admitted to changing his story multiple times to sweeten his deal
with Chevron.” Frisch stated that Judge Kaplan’s rulings, “have been
contradicted in whole or in part by seventeen appellate judges in
Ecuador and ten in Canada, including in unanimous decisions of the
highest courts in both countries.
“Mr. Donziger is a person of integrity,” attorney Deepak Gupta
testified at Mr. Donziger’s New York bar hearing. “Mr. Donziger is
indisputably an advocate dedicated to helping Indigenous Peoples and
local communities of the Amazon play equally on the same fields of civil
litigation … dominated by the Chevrons of the world. I have never seen a
judge whose disdain for one side of the case was this palpable. A great
injustice was being done.” The author (left) with lawyer, Aaron Marr Page, at a Chevron waste pit in Ecuador
“I did not set out to be an environmental lawyer,” says Donziger. “I
simply agreed to seek a remedy for 30,000 victims for the destruction of
their lands and water; to seek care for the health impacts including
birth defects, leukemia, and other cancers; and to help them restore
their Amazon ecosystem and basic dignity. I expected Chevron to fight
back, and they had the opportunity to do so during the eight year trial
in Ecuador. I did not, however, expect the lengths they would go to to
attack me personally, attack my family, attack their victims, and defy a
legal judgement that they pay for their crimes, as proven in a court of
law.”
Those affected by Chevron’s pollution are modest, honourable,
self-reliant people. They had no money to hire lawyers. Donziger solved
that problem by getting donors and investors to buy small portions of
the judgment to pay case expenses. He recruited leading litigators in
Ecuador, the United States, and Canada. “This is the first time that
Indigenous Peoples and impoverished farmers had access to this level of
capital and legal talent, which is why Chevron is so terrified of the
model,” said Donziger. “Chevron not only wants to win the case, they
want to kill the very idea of the case.”
“This case is not just about the fate of Mr. Donziger,” says Simon
Taylor, director of Global Witness in London. “A lasting injustice to
him would chill the important work of other environmental and corporate
accountability advocates engaged in similar legal battles against
powerful corporations. This is of particular concern, given our work on
the escalating threats and escalating killings and judicial harassment
of environmental defenders.”
Because of the Kaplan decision, and lobbying by Kaplan and
Gibson-Dunn lawyers, the bar grievance committee in New York suspended
Mr. Donziger’s law license without a hearing. However, bar referee and
former federal prosecutor John Horan called for a hearing and
recommended the return of Mr. Donziger’s law license. “The extent of his
pursuit by Chevron is so extravagant, and at this point so unnecessary
and punitive,” Horan wrote. “My recommendation is that his interim
suspension should be ended, and that he should be allowed to resume the
practice of law.” Donziger responded that, “Any neutral judicial officer
who looks objectively at the record almost always finds against Chevron
and Kaplan,” said Donziger. “The tide is turning and the hard evidence
about the extreme injustice in Kaplan’s court will be exposed.”
In
spite of getting his law license back, Steven Donziger remains in home
detention, wearing an ankle bracelet. It now appears that the only fraud
in this case is that committed by Chevron’s retaliatory attack against
Mr. Donziger and his clients, and by Chevron’s paid witnesses, who gave
fabricated evidence. His work for the Indigenous and farmer communities
of Ecuador’s Amazon is work for all of us. His compassion and
perseverance provide an enduring model of citizen commitment to ecology,
justice, and common decency. Sources and Links:
Declining species: (1) Biomass Study, Bar-on, Phillips, Milo:
Proceedings of the US National Academy of Sciences, May 21, 2018;
Article #17-11842; PNAS ; and (2) The Extinction Crisis,” Center for Biological Diversity.
Global hunger: (1) “Global hunger continues to rise,” UN, World Health Organization ; and (2) “Global Hunger Facts,” Mercy Corps.
Impacts of Chevron oil pollution in Ecuador: (1) Indigenous communities affected: ChevronToxico ; (2) health impacts on Indigenous groups: independent health studies cited by the court. (3) Summary of evidence against Chevron found by Ecuador’s courts: evidence; (4) Environmental Impacts of Chevron in Ecuador: ; (5) Video, Chevron in Ecuador: video on the case. (6) A Rainforest Chernobyl: ChevronToxico;
Ecuador Supreme Court unanimous judgement vs. Chevron.
Frente de Defensa de la Amazonía (“Amazon Defense Coalition”), representing the 30,000 victims of Chevron’s oil pollution. FDA .
Gibson-Dunn law firm censures: (1) “Chevron Law Firm Gibson Dunn Blasted by High Court of England For Falsifying Evidence: Chevron Pit , March 25, 2015.” (2) Gibson Dunn firm frequently criticized and sanctioned by courts for crossing the ethical line. (3) Montana Supreme Court $9.9 million fine against Gibson-Dunn: Montana Supreme Court document, 05-378, 2007, MT 62. (4) “Gibson Dunn’s Ecuador narrative crumbling; the firm’s unethical tactics”: The Chevron Pit.
Chevron’s Gibson Dunn lawyers threatened Ecuador’s judges with jail .
“Amnesty International Demands Criminal Investigation of Chevron Over
Witness Bribery and Fraud in Ecuador Pollution Litigation;” referral of
Chevron and Gibson Dunn lawyers to US Department of Justice by Amnesty
International et al., allegations that Chevron and U.S. Judge Kaplan
used false testimony to attack the Ecuador judgment and human rights
defender Donziger; makechevroncleanup.com , July 2019.
“Chevron’s Threat to Open Society,” a 2014 letter signed by over 40 US environmental and civil rights
organizations (including Greenpeace, Amazon Watch, Rainforest Action
Network, Sierra Club, and Friends of the Earth) stating that Chevron’s
tactics “targeted nonprofit environmental and Indigenous rights groups …
designed to cripple their effectiveness and chill their speech.”
Shareholders rebuke Chevron, June 2017, Amazon Defense Coalition
How the US courts got it wrong: rebuttal, Chevron RICO case. Steven Donziger
Deepak Gupta brief appealing the Kaplan RICO judgment, with an excellent fact section that covers the case history: Gupta Wessler, pdf , July 2014.
Chevron’s bribery and fabrication of evidence in U.S. courts to evade Ecuador judgment
Alberto Guerra’s false testimony: (1) Chevron falsification of Guerra’s testimony: background and legal motion; (2) Chevron’s Star Witness Admits to Lying in the Amazon Pollution Case,” Eva Hershaw, Vice News, Oct 26 2015. (3) Forensic results on Ecuador judge’s computer: “Expert rebuttal Report of Christopher Racich, Issuu Documents, December, 16, 2013. (4) Adam Klasfeld, “Ecuadorean Judge Backflips on Explosive Testimony for Chevron,” Courthouse News Service, 2015. (5) Guerra admitted lying to Chevron about alleged bribes: US/Ecuador arbitration transcripts, pages: 630-31, and 744
Judge Lewis Kaplan bias and legal errors: (1) Mandamus Petition to recuse Judge Kaplan, Patton
; (2) Mandamus Petition to recuse Kaplan, 2013: ChevroninEcuador.org.
“Collateral Estoppel,” by Harvard Law Professor Charles Nesson, The Harvard Law Record , December 6, 2019: How the New York courts and bar have
attempted to silence Steven Donziger and hide the facts of Chevron’s
Ecuador pollution.
Letters from lawyers Andrew J. Frisch, Rita M. Glavin, Brian P.
Maloney, and Sareen K. Armani, in support of Steven Donziger, to Judge
Preska (appointed by Kaplan) in criminal contempt case seeking relief
from Donziger home detention, Andrew J. Frisch PLLC .
“Roger Waters Tells Chevron’s New CEO to Finally Clean up Ecuador,” video, Amazon Watch .
“Chevron’s SLAPP suit against Ecuadorians: corporate intimidation,” Rex Weyler, Greenpeace, 11 May 2018. The civil RICO case, rulings of Judge Kaplan, and tactics of Chevron, Randy Mastro, and the Gibson-Dunn law firm.
Violence against environmental and human rights activists, Brazilian Cerrado region of industrial soya farms, Greenpeace Report, December 13, 2019.
“Chevron’s Corrupt Legal Practices Called Out by Leading Human Rights and Environmental NGOs,” Paul Paz y Mino, Amazon Watch
Everyday, the air that most of us breathe is increasing our risk of
strokes, heart disease, lung cancer, asthma, and so much more. This is
because of air pollution that comes largely from burning fossil fuels,
which also drives the climate emergency.
Alongside the release of a new study which highlighted the global cost of air pollution from
burning fossil fuels and an estimated 4.5 million deaths each year
worldwide due to the same fossil fuels, people have been taking to the
streets across the world to demand #CleanAirNow. Together, we are
powerful.
See for yourself! Below are some images from the incredible #CleanAirNow moments that have taken place so far in 2020. Thailand: 23 January& 28 January
20 activists in Moscow planned a grand five-day action protesting to raise awareness for the need for clean air.
20
activists in Moscow have been protesting for five days demanding clean
air. Now aircrafts landing and taking off 3rd runway of Sheremetyevo
airport are flying above their roofs. People are suffering from noise
and kerosine smell.20
activists in Moscow have been protesting for five days demanding clean
air. Now aircrafts landing and taking off 3rd runway of Sheremetyevo
airport are flying above their roofs. People are suffering from noise
and kerosine smell.South Africa: 16 February& 22 February
Greenpeace
India conducted the flash mob in New Delhi at Dilli Haat on 16th Feb to
create public awareness on Air pollution, its sources, health impacts
and solutions.
Greenpeace
India conducted the flash mob in New Delhi at Dilli Haat on 16th Feb to
create public awareness on Air pollution, its sources, health impacts
and solutions.
Turkey: 16 February & 23 February
Air
pollution leads to 8 million early deaths every year in the world. On
16 February, activists held a bicycle action to spread their demand: “We
want fresh air”.
Air
pollution leads to 8 million early deaths every year in the world. On
16 February, activists held a bicycle action to spread their demand: “We
want fresh air”.
Activities
were held in front of a multi-purpose stadium in Yaoundé, Cameroon and a
landmark in Douala, Cameroon to amplify the message that air pollution
is a public health crisis and demand the authorities to act on this
crisis with urgency.
Activities
were held in front of a multi-purpose stadium in Yaoundé, Cameroon and a
landmark in Douala, Cameroon to amplify the message that air pollution
is a public health crisis and demand the authorities to act on this
crisis with urgency.
17 volunteers took to the streets in Kenya to demand their basic right to breathe clean air.
We’re calling on those responsible for the air pollution crisis to
act. To stop the sale of new petrol and diesel cars and to phase out
coal power stations.
Together, we’re going to end the air pollution crisis once and for all. Sign the petition
– Air pollution is a public health emergency with too many
of us breathing toxic air. We can fix this by coming together, demanding
action and holding polluters accountable. Kate Ford is a part of Communications at Greenpeace International.