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"A debt is not owed to Chevron. A debt is owed to the Amazonian families still waiting for truth, justice, and full reparation."
A US advocacy group, American human rights lawyer Steven Donziger, and the group in Ecuador behind a historic legal battle against Chevron over its dumping of toxic waste in the Amazon rainforest are condemning the Ecuadorian government's plans to pay the oil giant hundreds of millions of dollars due to an arbitration ruling.
In response to the legal fight in Ecuador that led to a $9.5 billion judgment against Chevron—which bought Texaco—the fossil fuel company turned to the investor-state dispute settlement (ISDS) system, suing the South American country in the Hague-based Permanent Court of Arbitration. As part of the latter case, Ecuadorian Attorney General Diana Salazar Méndez's office announced Monday that the government would pay the US company only around $220 million, rather than the over $3 billion Chevron sought.
While Chevron said in a statement that it was "pleased with the resolution of this matter" and claimed the decision "strengthened the rule of law globally," and Salazar Méndez's office celebrated the dramatically lower figure, and the Union of Peoples Affected by Chevron-Texaco (UDAPT)—the group that began the case against oil company in 1993—pushed back against the government's framing of the reduction "as if it was a success and an economic achievement."
"The reality is it is a defeat for justice," UDAPT argued in a Tuesday statement. "For 32 years, UDAPT has documented pollution, environmental crime, and lives broken by Chevron, proving what should be obvious: Communities have not recovered, health has not been restored, clean water has not returned, and the territories that sustain life remain contaminated. A debt is not owed to Chevron. A debt is owed to the Amazonian families still waiting for truth, justice, and full reparation."
Amazon Watch deputy director Paul Paz y Miño similarly said Tuesday that "this illegitimate arbitration process is nothing more than Chevron abusing the law to escape accountability for one of the worst oil disasters in history."
"Ecuador's courts ruled correctly and based largely on Chevron's own evidence, that Chevron deliberately poisoned Indigenous and rural communities, leaving behind a mass cancer zone in the Amazon," the campaigner continued. "Adding insult to injury, the idea that Ecuador's people should now pay a US oil company that admitted to deliberate pollution is the epitome of environmental racism."
Ecuadorian President Daniel Noboa "must not honor this ISDS award, and the international community must stand behind the victims of Chevron's crimes and demand that the company clean up Ecuador once and for all," Paz y Miño added. "Amazon Watch stands with the affected Indigenous peoples and communities of the Ecuadorian Amazon. We urge President Noboa to reject this illegitimate award, disclose any negotiations with Chevron, and enforce Ecuadorian law by ensuring Chevron pays its debt to those it poisoned."
Donziger—who was detained in the United States for nearly 1,000 days after Chevron went after him in the American legal system for representing Big Oil's victims in Ecuador—was also sharply critical, saying Tuesday that "the decision by a so-called private corporate arbitration panel that claims to absolve Chevron of its massive pollution liability in Ecuador has no legitimacy and does not affect the historic $9.5 billion damages judgment won by Amazonian communities."
"That judgment still stands as the definitive public court ruling in the case," he said. "The private arbitral panel has no authority over the six public appellate courts, including the Supreme Courts of Ecuador and Canada, that issued unanimous decisions against Chevron and confirmed the extensive evidence that the company devastated local communities by deliberately dumping billions of gallons of cancer-causing oil waste into rivers and streams used by thousands of people for drinking, bathing, and fishing."
"I also strongly condemn President Daniel Noboa for his plans to betray his own people by agreeing to send $220 million from the public treasury to Chevron, a company that owes Ecuador billions under multiple court orders for poisoning vulnerable Indigenous peoples with toxic oil waste," Donziger added. "Noboa would effectively grant Chevron a taxpayer-funded bailout financed by the same citizens who remain victims of the company's pollution. This would be an outrageous dereliction of duty and a violation of his oath of office, warranting removal."
A lawsuit against Greenpeace in North Dakota threatens the existence of all nonprofits.
Imagine a world without effective nonprofit advocacy. When a corporation exploits a local community, no one speaks up or resists. Everyone is too afraid of the weaponized legal system, too vulnerable to liability. The ultra-wealthy take whatever they want and leave others to pick up the pieces. Opposition and resistance have been extinguished.
Those are the risks of a lawsuit against Greenpeace, now going to trial in North Dakota after a seven-year legal battle. Energy Transfer, the company behind the Dakota Access Pipeline, is seeking $300 million for tort damages, including defamation. Energy Transfer’s previous attempt to sue Greenpeace under federal anti-racketeering laws was blocked by the courts. But the state charges have been upheld, with a trial beginning on February 24, and free-speech advocates are raising alarms about the dangerous precedent that would follow a loss for Greenpeace, or even from the trial proceeding at all.
I recently spoke with Scott W. Badenoch, Jr., a visiting attorney at the Environmental Law Institute. He’s part of a team of distinguished international legal scholars, including Steven Donziger and Jeanne Mirer, who have launched a Trial Monitoring Committee to ensure the case against Greenpeace proceeds fairly and transparently.
While the Trial Monitors and some activists will be on the ground in North Dakota, we need to make noise online and in the media, ensuring that as many people as possible know what’s at stake.
As Badenoch described it, the court is trying to maintain “as much of a black box as you could possibly create in the U.S. court system.” Judge James Gion recently denied a motion to allow live streaming of the trial proceedings.
Instead, Badenoch said the case should be dismissed immediately. The allegations attempt to hold Greenpeace responsible for the actions of activists and volunteers unaffiliated with the group. Legal advocates and climate organizers have called it an unconstitutional SLAPP suit, intended to burden Greenpeace with costly legal fees, shut them down, and restrict the free speech of nonprofits more broadly. “There is absolutely no justification for this trial happening in this court, at this time, with this judge,” Badenoch said. “Just none.”
In a press release from the Trial Monitoring Committee, Steven Donziger pointed to recent trends, writing that “this appears to be part of a broader strategy by the fossil fuel industry to weaponize the courts against activists and weaken organizations like Greenpeace in retaliation for their advocacy.”
While the trial itself presents dangers, the recent actions of Energy Transfer have also brought accusations of jury-tampering. In October, residents of rural Morton County, North Dakota, where the trial will be set, received what appeared to be a legitimate newspaper. However, it contained almost exclusively critical attacks on Greenpeace and the pipeline protests, while praising Energy Transfer. The “newspaper” was actually a political mailer from a company called Metric Media, with links to electioneering and fossil fuel companies, as reported in the North Dakota News Cooperative. Even more concerning, financial records link the CEO of Energy Transfer, Texas billionaire Kelcy Warren, to the creation of the fake newspaper. It looks a like blatant attempt to taint the jury pool. Despite this, Judge Gion refused to allow Greenpeace to investigate the origins of the biased mailer.
The crucial role of the Trial Monitoring Committee is to bring attention to these abuses of due process. “We are going to monitor this case one way or the other,” Badenoch told me. “But the more that [Judge Gion] withholds transparency and access from us, the more obvious it is that something is going on that they don’t want people to see.”
Meanwhile, the stakes of the case extend far beyond Greenpeace. If Energy Transfer is successful, Badenoch said, the precedent would be cataclysmic for nonprofit advocacy. An organization could be held liable for any actions by any activists, however tenuously affiliated. “Literally every social justice, climate justice, civil rights, human rights organization across the country—and maybe the planet—is at risk of legal murder in a courtroom, where an organization is put to death by a SLAPP suit.”
As members of the public, that means we all have a responsibility to advocate for transparency, fairness, and ideally dismissal of Energy Transfer’s lawsuit. While the Trial Monitors and some activists will be on the ground in North Dakota, we need to make noise online and in the media, ensuring that as many people as possible know what’s at stake. Badenoch was emphatic about this: “The number one thing is to bring attention to the case. Don’t let Greenpeace die with a whimper.”
In a time of chaos and distraction, it’s all too easy to let cases like this one go unnoticed. But the risks are simply too dire to ignore. “It’s absolutely terrifying for advocacy in this country and beyond. The risks are really hard to overstate,” Badenoch told me. “If Greenpeace is allowed to die in this field in North Dakota, then every single nonprofit is next in line.”
"The victory of freeing Leonard Peltier is a symbol of our collective strength—and our resistance will never stop," vowed one Indigenous organizer.
Just minutes before leaving office, Joe Biden on Monday commuted the life prison sentence of Leonard Peltier, the elderly American Indian Movement activist who supporters say was framed for the murder of two federal agents during a 1975 reservation shootout.
"It's finally over, I'm going home," Peltier, who is 80 years old, said in a statement released by the Indigenous-led activist group NDN Collective. "I want to show the world I'm a good person with a good heart. I want to help the people, just like my grandmother taught me."
While not the full pardon for which he and his defenders have long fought, the outgoing Democratic president's commutation will allow Peltier—who has been imprisoned for nearly a half-century—to "spend his remaining days in home confinement," according to Biden's statement, which was no longer posted on the White House website after Republican President Donald Trump took office Monday afternoon.
🚨BREAKING🚨 Leonard Peltier Granted Executive Clemency After 50 years of unjust incarceration and the tireless efforts of intergenerational grassroots organizing and advocacy, our elder and relative Leonard Peltier has been granted executive clemency.
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— NDN Collective ( @ndncollective.bsky.social) January 20, 2025 at 9:02 AM
"Tribal Nations, Nobel Peace laureates, former law enforcement officials (including the former U.S. attorney whose office oversaw Mr. Peltier's prosecution and appeal), dozens of lawmakers, and human rights organizations strongly support granting Mr. Peltier clemency, citing his advanced age, illnesses, his close ties to and leadership in the Native American community, and the substantial length of time he has already spent in prison," Biden explained.
Biden Interior Secretary Deb Haaland, the first Indigenous cabinet secretary in U.S. history, said in a statement: "I am beyond words about the commutation of Leonard Peltier. His release from prison signifies a measure of justice that has long evaded so many Native Americans for so many decades. I am grateful that Leonard can now go home to his family. I applaud President Biden for this action and understanding what this means to Indian Country."
Congressman Raúl Grijalva (D-Ariz.), who last month led 34 U.S. lawmakers in a letter urging clemency for Peltier, said in a statement that "for too long, Mr. Peltier has been denied both justice and the pursuit of a full, healthy life at the hands of the U.S. government, but today, he is finally able to go home."
"President Biden's decision is not just the right, merciful, and decent one—it is a testament to Mr. Peltier's resilience and the unwavering support of the countless global leaders, Indigenous voices, civil rights and legal experts, and so many others who have advocated so tirelessly for his release," Grijalva added. "While there is still much work to be done to fix the system that allowed this wrong and so many others against Indian Country, especially as we face the coming years, let us today celebrate Mr. Peltier's return home."
NDN Collective founder and CEO Nick Tilsen said Monday that "Leonard Peltier's freedom today is the result of 50 years of intergenerational resistance, organizing, and advocacy."
"Leonard Peltier's liberation is our liberation—we will honor him by bringing him back to his homelands to live out the rest of his days surrounded by loved ones, healing, and reconnecting with his land and culture," Tilsen continued.
"Let Leonard's freedom be a reminder that the entire so-called United States is built on the stolen lands of Indigenous people—and that Indigenous people have successfully resisted every attempt to oppress, silence, and colonize us," Tilsen added. "The victory of freeing Leonard Peltier is a symbol of our collective strength—and our resistance will never stop."
Amnesty International USA executive director Paul O'Brien said that "President Biden was right to commute the life sentence of Indigenous elder and activist Leonard Peltier given the serious human rights concerns about the fairness of his trial."
While Peltier admits to having participated in the June 26, 1975 gunfight at the Oglala Sioux Reservation at Pine Ridge, South Dakota, he denies killing Federal Bureau of Investigation agents Jack Coler and Ronald Williams.
As HuffPost senior political reporter Jennifer Bendery recapped Monday:
There was never evidence that Peltier committed a crime, and the U.S. government never did figure out who shot those agents. But federal officials needed someone to take the fall. The FBI had just lost two agents, and Peltier's co-defendants were all acquitted based on self-defense. So, Peltier became their guy.
His trial was rife with misconduct. The FBI threatened and coerced witnesses into lying. Federal prosecutors hid evidence that exonerated Peltier. A juror acknowledged on the second day of the trial that she had "prejudice against Indians," but she was kept on anyway.
The government's case fell apart after these revelations, so it simply revised its charges against Peltier to "aiding and abetting" whoever did kill the agents—based entirely on the fact that he was one of dozens of people present when the shootout took place. Peltier was convicted and sentenced to two consecutive life terms.
American Indian Movement (AIM) activist Joe Stuntz Killsright was also killed at Pine Ridge when a U.S. Bureau of Indian Affairs agent sniper shot him in the head after Coler and Williams were killed. Stuntz' death has never been investigated.
Some Indigenous activists welcomed Peltier's commutation while also remembering Annie Mae Pictou Aquash, an Mi'kmaq activist who was kidnapped and murdered at Pine Ridge in December 1975 by her fellow AIM members. Some of Aquash's defenders believe her killing to be an assassination ordered by AIM leaders who feared she was an FBI informant.
Before leaving office, Biden issued a flurry of eleventh-hour preemptive pardons meant to protect numerous relatives and government officials whom Trump and his allies have threatened with politically motivated legal action.
However, the outgoing president dashed the hopes of figures including Steven Donziger, Charles Littlejohn, and descendants of Ethel Rosenberg, who were
seeking last-minute pardons or commutations.