The US Supreme Court left in place the conviction of attorney Steven Donziger – a long-time foe of Chevron Corp. – who sought to challenge the appointment of private attorneys to prosecute criminal contempt of court.
In the 1990s, Donziger represented thousands of farmers and indigenous people who, he said, suffered environmental and health problems caused by oil drilling in Ecuador. An Ecuadorian court awarded the plaintiffs $9.5 billion in damages. Chevron later withdrew its assets from Ecuador and fought Donziger in the US, arguing that he procured the Ecuadorian judgment through bribery and fraud.
In addition, he claimed that the lawyers had not been sufficiently supervised by the Department of Justice in order to satisfy the separation of powers. “The Appointments Clause,” Steve Vladeck, a lawyer for Donziger argued, requires “that the officers be subject to supervision and direction by a principal officer.” Vladeck also serves as a CNN legal analyst.
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