Courts

By Amazon Defense Coalition A new financial analysis has found that Chevron’s $18 billion Ecuador environmental liability poses a threat of “irreparable damage” to the oil major’s global operations if the plaintiffs make good on their promise to launch legal actions to enforce the judgment in countries where Chevron has billions of dollars in assets. The report, by social investment analyst Simon Billenness, notes that the long-running case ( Aguinda v. ChevronTexaco) “is reaching its most risky phase” for Chevron after an appeals court in Ecuador upheld the judgment in January and rendered it immediately enforceable. The report notes that Chevron’s defenses have been “severely compromised” because of a separate ruling by a New York federal appellate court that vacated a preliminary injunction purporting to bar worldwide enforcement of the judgment. ...

By the Associated Press A judge on Wednesday struck down a portion of a law giving the government wide powers to regulate the detention, interrogation and prosecution of suspected terrorists, saying it left journalists, scholars and political activists facing the prospect of indefinite detention for exercising First Amendment rights. U.S. District Judge Katherine Forrest in Manhattan said in a written ruling that a single page of the law has a “chilling impact on First Amendment rights.” She cited testimony by journalists that they feared their association with certain individuals overseas could result in their arrest because a provision of the law subjects to indefinite detention anyone who “substantially” or “directly” provides “support” to forces such as al-Qaida or the Taliban. She said the wording was too vague and encouraged Congress to change it. ...

By Malaysia Sun George W. Bush and several other members of his administration have been found guilty of war crimes by the Kuala Lumpur Foundation to Criminalise War. In a unanimous vote on Saturday the symbolic Malaysian war crimes tribunal, part of an initiative by former Malaysian premier Mahathir Mohamad, found the former US President guilty of war crimes and crimes against humanity. Seven of his former political associates, including former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld, were also found guilty of war crimes and torture. ...

By Dawn Paley / Vancouver Media Co-op On Friday, the Chilean Supreme Court ratified a lower court ruling that rendered Goldcorp’s environmental assessment for the El Morro mine null, due to irregularities including the company’s failure to properly consult with the Diaguita Huascoaltinos Indigenous and Agricultural Community, whose lands would be destroyed if the mine is built. Following the lower court ruling, Goldcorp stated that they would not stop working until they received an order declaring the Resolution of Environmental Quality, a kind of environmental permit, to be without effect. “This is the order, and there is no appeal,” said Sergio Campusano Villches, President of the Diaguita Huascualtino community. ...

By Maurice Garland / The Loop 21 Nowadays the words “Stand Your Ground” have almost become synonymous with “no fair” and “unjust,” due mostly to the non-arrest of George Zimmerman the night he shot Trayvon Martin and that law that protected him up until just last week. But the cases of John McNeil and now Marissa Alexander have highlighted the inconsistencies in the law’s application. According to a blogsite pleading her case, in 2010, Alexander found herself in a violent confrontation with her husband. Her husband already had a history of abuse towards her and other women in the past, causing Alexander to place an injunction for protection against violence on him. ...

By Amazon Defense Coalition A lead Chevron lawyer has made the preposterous claim that the 30,000 Ecuadorian victims of the oil giant’s contamination are “irrelevant” to the court case that led to an $18 billion judgment against the company. Doak Bishop, a Chevron lawyer from the American firm King & Spalding, said the following before a panel of international investment arbitrators on February 15th: “The plaintiffs are really irrelevant. They always were irrelevant. There were never any real parties in interest in this case. The plaintiff’s lawyers have no clients… There will be no prejudice to [the rainforest communities] or any individual by holding up enforcement of the judgment.” ...

By Jason Burke / The Guardian The leaders of thousands of forest-dwelling tribesmen who have fought for years to preserve their ancestral lands from exploitation by an international mining corporation have promised to continue their struggle whatever the decision in a key hearing before India’s supreme court on Monday. Dubbed the “real-life Avatar” after the Hollywood blockbuster, the battle of the Dongria Kondh people to stop the London-based conglomerate Vedanta Resources from mining bauxite from a hillside they consider sacred has attracted international support. Celebrities backing the campaign include James Cameron, the director of Avatar, Arundhati Roy, the Booker prize-winning author, as well as the British actors Joanna Lumley and Michael Palin. ...

By Amnesty International The acquittal by Brazil’s Supreme Court of a man accused of raping three 12-year-old girls on the basis that they were allegedly “sex-workers” is an outrageous affront to the most basic human rights and it has no place in Brazil today, said Amnesty International. The decision confirmed earlier rulings by state-level courts in Sao Paulo, where the original report was filed. The defence claimed the three girls were “sex workers” and therefore had consented. ...

By Jeremy Hance / Mongabay A federal judge has suspended the construction of a 1,820 megawatt dam on the Teles Pires River in the Amazon. The judge found that indigenous communities were not properly consulted about the dam, which would flood a sacred site, known as the Seven Waterfalls, as well as imperil the livelihoods of indigenous fishermen. “The compensation [the government is] offering will never substitute places that are sacred to us, such as Sete Queda [Seven Waterfalls], that hold the cemeteries of our ancestors and that should be preserved. Sete Quedas is also the spawning grounds of fish that are an important source of food. They talk about fish ladders, but where have these ever worked?” Taravy Kayabi, a leader of the indigenous Kayabi people, said in a press release, adding that, “The government needs to look for alternative ways to generate energy that don’t harm indigenous peoples and their territories.” ...

From Mother Jones The debate over the Keystone XL pipeline has moved from the White House to a farm in Texas. Third-generation farmer Julia Trigg Crawford is engaged in a court battle over whether TransCanada, the company that wants to build the massive pipeline from Canada to Texas, has a right to declare eminent domain on a portion of her family’s farm. Earlier this week, TransCanada announced that it intends to move forward with the portion of the Keystone XL pipeline that extends from Oklahoma down to Texas. This 485-mile-long portion of the pipeline doesn’t cross international borders, which means it won’t need approval from the State Department or President Obama. But it does cross right through Red’Arc Farm, which Crawford and her family own. ...