Lago Agrio: Second Circuit Denies En Banc Review
Posted on November 2, 2016
I do think there is a good cert. petition here for Donziger and the LAPs to bring. There is a true circuit split on whether private plaintiffs such as Chevron have standing to bring RICO claims seeking only equitable relief. I would expect any cert. petition to focus on that question, and I think (though I could be wrong) that we probably have seen the last of “I strongly dispute the findings of fact even though I have not appealed from them,” the argument I found so puzzling up till now. However, I think the Supreme Court is highly unlikely to want to take the case since the facts as found by Judge Kaplan were so egregious. But fingers crossed! I would love to see the Supreme Court weigh in.