Remember how a Brazilian prosecutor sided with Chevron after U.S. courts found that the environmental charges were fraudulent?
Not only was Steven Donziger was found guilty of fraud (in a 500-page decision plus 89-page appendix), Patton Boggs, the former #1 lobbying law firm in the country, had to issue Chevron an apology, a $15million payment, and most remarkably,
Perhaps more unusual is the lawfirm’s agreement to deliver partners James Tyrrell and Eric Westenberger to Gibson Dunn’s New York offices for depositions overseen by a court-appointed special master. The firm has also agreed to turn over documents, provided its former clients don’t prevail on challenges under the attorney-client privilege.
A federal appeals court ruled that, because of fraud committed by their American lawyer, the victims of this 23-year-old environmental disaster couldn’t collect in the U.S.—or possibly anywhere else.
Well, now the same Ecuadorian plaintiffs are getting a hearing in a Canadian court. Jazz Shaw writes about how The Chevron Shakedown threatens to turn Canada’s legal system into a disgrace (h/t TCS)
If Canada’s courts are seen as so friendly to environmentalist hijacking that they can manage this feat, the damage to Canada over the long run will be very real. This is a case which has been swatted down not only in the United States, but also in courts in Europe and South America as well. It was based on fraud to the point where its chief American conspirator, Steven Donziger, has been accused of racketeering. Imagine what lesson multi-national corporations will take from this if Greenpeace is allowed to tip the scales and obtain a massive judgement against Chevron in Canada given the history behind this odious lawsuit. Why would anyone want to risk doing business there on a large scale? Better to pull up stakes and focus your efforts on nations where you can expect some level of equitable treatment under the law.
Related: Prior posts on Chevron