Lago Agrio: Second Circuit Denies En Banc Review

As expected, the Second Circuit has denied Steven Donziger’s petition for a rehearing en banc in the Chevron RICO case. The court also denied the LAPs’ petition, which I did not separately cover.

What next?

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.

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