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Lago Agrio: Standing to Seek an Injunction under RICO

Surrender of Cornwallis
The World Turned Upside Down.
Credit: Detroit Institute of Art
Here is some news that partisans of the Lago Agrio plaintiffs have gleefully passed along to me. The Courthouse News Service is reporting that lawyers with Gibson Dunn, Chevron’s law firm, will be arguing, in an unrelated case in the Second Circuit that will be heard tomorrow, that private parties lack standing to seek injunctive relief under RICO. This, of course, is precisely the opposite of what Chevron is arguing in the Donziger case. But don’t chuckle gleefully just yet, Chevron critics: it turns out that lawyers from Emery Celli, a firm that previously represented the Ecuadoran plaintiffs in their effort to enjoin the BIT arbitration, is arguing the other side!
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