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"The New Corporate Playbook" for fighting environmentalists, by Katie Redford (EarthRights) - with corporate lawyer's response

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Company response
22 August 2016

Chevron response

Author: Chevron

...[T]he government of Ecuador [is]...using the indigenous people of the Amazon to mislead the public and extort money from Chevron Corporation...Texaco Petroleum (TexPet)...was a minority partner in an oil-production consortium in Ecuador...[I]n 1992, pursuant to an agreement with Ecuador, TexPet agreed to conduct a remediation of selected production sites while Petroecuador remained responsible to perform any remaining cleanup. The government of Ecuador oversaw and certified the successful completion of TexPet’s remediation and fully released TexPet from further environmental liability. Petroecuador, however, failed to conduct the cleanup it promised and has continued to operate and expand oil operations in the former concession over the past 20 years. In an amicus brief a group of international human rights and anti-corruption experts...stated, “Advocates for human rights do not advance human rights by violating them, and the corrupt pattern of fraud, extortion, and bribery described by the District Court, if accurate, denies the fundamental human rights to due process of law and a fair trial.”In 2014, a U.S. federal court found the Ecuadorian judgment against Chevron to be the product of “egregious fraud”. The nearly 500-page ruling, found that Steven Donziger, the lead American lawyer behind the Ecuadorian lawsuit against the company, violated the federal Racketeer Influenced and Corrupt Organizations Act...

Download the full document here

12 July 2016

Chevron's Ted Boutrous Thoroughly Embarrassed Himself Last Week

Author: Paul Paz y Miño, Amazon Watch on Huffington Post

The lawyer for Gibson Dunn, a firm known for its corporate attack dog efforts, has taken lying and slander to a new level. To Boutrous, giant fossil fuel corporations are the victims of legal attacks by environmental and human rights groups and the actual human rights violations or environmental destruction is either insignificant, or nonexistent in Ted’s view.  To top it off, Boutrous – defender of Chevron –...is lecturing that “the ends don’t justify the means.”  It’s not a coincidence that Chevron will find itself in court...trying to justify...the dumping 18 billion gallons of toxic waste into the Ecuadorian Amazon over the course of decades.

...He has the audacity to blame the people Chevron deliberately poisoned by intentionally dumping billions of gallons of toxic waste in the Ecuadorian Amazon. Despite the fact that it is the largest oil-related disaster in history, which remains yet today in the form of almost 1,000 toxic waste pits...

Read the full post here

7 July 2016

The Ends Do Not Justify The Means

Author: Theodore J. Boutrous, Jr., Gibson, Dunn & Crutcher LLP

…There is a growing trend of…cases being filed against corporations, claiming to be in defense of the environment or human rights, which are ultimately exposed as fraudulent and fabricated. Often, corporations settle these types of cases to avoid reputational damage or costly litigation…

Increasingly, however, corporations are challenging these baseless actions, and the organizations behind the frivolous lawsuits are not happy about it.

Last week, Katie Redford, the co-founder and director of EarthRights International, published a column to this site lamenting the fact that corporations are standing up for themselves. She even goes so far as to blame my law firm for leading this charge, citing cases we have handled for Dole and Chevron as examples of what she labels “retaliatory litigation” in an effort to silence environmentalists.

By highlighting these two cases, Ms. Redford demonstrates exactly why it is not only important, but vital, that American corporations fight fraudulent lawsuits if they have facts on their side…

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30 June 2016

"The New Corporate Playbook" for how business fights environmentalists - Katie Redford of EarthRights

Author: Katie Redford, EarthRights International (USA)

"The New Corporate Playbook, Or What To Do When Environmentalists Stand In Your Way", 29 June 2016

The list of those killed for protecting the earth and its people is far too long... When egregious murders like these occur,...we react with outrage and we demand accountability... But what happens when those very governments, courts, and legal systems that we turn to are turned against us by the very same powerful elites that we aim to hold accountable? In the U.S. ... [companies] are counter-attacking, mounting a sophisticated and well-funded campaign to target, sue, surveil, and harass the activists, lawyers, and NGOs that expose their harms... Here is what we see:

Retaliatory litigation...

Attacks on funding sources, partners and clients...

Corporate espionage and surveillance...

Using Congress and the media to do their dirty work...

[refers to Chevron, ExxonMobil, Gibson Dunn & Crutcher, Dole, Patton Boggs, Resolute Forest Products]

Read the full post here