Courts

By Amazon Watch In a major setback for Chevron, the Ecuadorian National Court issued its long-awaited decision in favor of a $9 billion pollution judgment against Chevron upholding and affirming lower court rulings. The court’s decision is final. In its 222-page opinion, the supreme court affirmed earlier decisions by a Lago Agrio court and the appellate court for $9 billion but rejected the additional $9 billion in punitive damages previously imposed for not apologizing, given that provision is not explicitly permitted in Ecuadorian law. The supreme court also lamented the plaintiffs waiting 20 years for justice and attributed this largely to delaying tactics by Chevron. This ruling constitutes a landmark case for corporate responsibility. ...

By Jeremy Hance / Mongabay A judge in Guyana’s high court has ruled that indigenous groups do not have the right to expel legal miners from their land. The judge, Diana Insanally, found that if the miners in question held a government-approved license than the local community had no right to dispute the mining. The ruling has sparked protests by indigenous groups and is expected to be appealed. “We are deeply disappointed and worried with this ruling and what it means to our village and to Amerindian communities in general. On the ground it has serious environmental and social impacts for us. The miners have, for example, brought with them problems related to drugs and prostitution,” reads a press release from the indigenous community Isseneru. ...

By Jeff Gray / The Globe and Mail Chevron Corp. has lost a bid to have the U.S. Supreme Court consider its call for a worldwide ban on attempts to collect on a controversial $19-billion (U.S.) environmental judgment levelled against the company in Ecuador. The decision comes with lawyers in Canada poised to battle in a Toronto courtroom next month over an attempt by the Ecuadorean plaintiffs to seize Chevron’s considerable Canadian assets to cover at least part of the massive judgment – a judgment the oil giant dismisses as fraudulent. ...

By Zack Beauchamp / Think Progress In a 4-3 ruling Tuesday afternoon, the Connecticut State Supreme Court overturned the sexual assault conviction of a man who had sex with a woman who “has severe cerebral palsy, has the intellectual functional equivalent of a 3-year-old and cannot verbally communicate.” The Court held that, because Connecticut statutes define physical incapacity for the purpose of sexual assault as “unconscious or for any other reason. . . physically unable to communicate unwillingness to an act,” the defendant could not be convicted if there was any chance that the victim could have communicated her lack of consent. Since the victim in this case was capable of “biting, kicking, scratching, screeching, groaning or gesturing,” the Court ruled that that victim could have communicated lack of consent despite her serious mental deficiencies: ...

By Melanie Jae Martin / Waging Nonviolence Last week, a new front opened in the struggle against tar sands mining in the U.S. If you didn’t know that tar sands mining is in the works on this side of the border in the first place, you’re not alone. Most people don’t realize that tar sands extraction, which has caused tremendous pollution and environmental degradation in Canada, has crossed the border to U.S. soil, where it has taken root in Utah. ...

By Agence France-Presse Brazil’s Supreme Court has approved the resumption of work on the huge Belo Monte dam in the Amazon, which was halted earlier this month after protests from indigenous groups. The preliminary ruling on Monday overturns an earlier ruling that ordered construction of the dam across the Xingu River, a tributary of the Amazon, to be stopped until indigenous peoples can testify before Congress. However, the decision by Supreme Court President Carlos Ayres Britto could be revised when the court examines the case further, its website said. ...

By Fabiola Ortiz / Inter Press Service The Sete Quedas or “seven waterfalls” on the Teles Pires River, which runs through the Amazon rainforest states of Mato Grosso and Pará in central Brazil, are a spiritual oasis venerated by several indigenous groups. But the 20-metre-high rocky falls are to be covered by a reservoir created by a hydroelectric dam that is to flood an area of 95 square km. “It’s a sacred area, our creator and mother. And the ‘pajé’ (shaman) says it is where the fish lay their eggs,” João Kayabi, 52, told IPS by phone from the area. He is the chief of Kururuzinho village, home to 106 members of the Kayabi community, who speak a Tupí-Guaraní language. ...

By Alison K. Grass / AlterNet Eminent domain, the government’s right to condemn (or take) private land for “public use,” has at times been a highly contentious topic because it can displace people from their homes to make way for construction of different projects, like highways or roads, civic buildings and other types of public infrastructure. However, what some may not realize is that several states have granted eminent domain authority to certain private entities, including oil and gas companies. These companies are using it as a tool to seize private land, which increases profits and benefits their wallets. ...

By Zachary Hurwitz / International Rivers Federal Judge Souza Prudente of the Federal Tribunal of Brazil’s Amazon region suspended all work today on the Belo Monte Dam, invalidating the project’s environmental and installation licenses. While the project has been suspended previously on numerous occasions, and those suspensions overturned on political grounds, this latest decision could have some legs. The decision breaks down in the following way: The federal judge ruled that no consultations were held with indigenous people prior to Congress issuing Decree 788 in 2005, which effectively approved the Belo Monte Dam. Article 231 of the Brazilian Constitution requires consultations to be held directly by the Congress prior to approval. In this case, approval was given three years before publication of the environmental impact assessment, after which consultations began. As a result, the project’s environmental license (granted in 2010) and installation license (granted in 2011) are now considered invalid, meaning that no further work can continue on the dam. Brazil’s National Congress must hold a series of public hearings, or consultations, with the indigenous tribes that will be affected by Belo Monte. Only after such consultations occur and are considered satisfactory, must the Congress legislate a new approval for the dam. The government and project consortium Norte Energia, S.A. can appeal to Brazil’s Supreme Court, Brazil’s Superior Court of Justice, the President of the Federal Tribunal, and Brazil’s Attorney General, in the next 30 days. Since this is a constitutional matter, the appeal is likely to go to the Supreme Court. In a press conference given today late in Brasil, Souza Prudente stated that “only in a dictatorial regime does a government approve a project before holding consultations.” ...

By Ahni / Intercontinental Cry A Federal judge has thrown out the Quechan Nation’s request for an injunction against the controversial Ocotillo Express Wind Project in western Imperial County, California. The Quechan filed for the injunction on May 14, just three days after the Bureau of Land Management, an agency of the U.S. Department of the Interior, gave “fast-track” approval for the project. The Quechan complaint stated that the Department of Interior, in approving the project, “violated… federal laws, regulations, and policies including the Federal Land Policy and Management Act (FLPMA); National Historic Preservation Act (NHPA); National Environmental Policy Act (NEPA); Administrative Procedures Act (APA); and the CDCA [The California Desert Conservation Area] Plan.” ...