Earth Rights wins at Supreme Court

Immunity from all legal accountability does not further the development goals of international organizations. It simply leads them to be careless.” – Marco Simons, EarthRights General Counsel.

Earth Rights wins at Supreme Court

 

We won! Today, the U.S. Supreme Court decided in EarthRights’ case, Jam v. International Finance Corporation (IFC), that international organizations like the World Bank Group can be sued in U.S. courts.

This is a huge moment in our efforts to ensure that no one is above the law.

Eleven years ago, the IFC – the private sector lending arm of the World Bank Group – financed a coal-fired power plant in Gujarat, India. The Tata Mundra project devastated the air quality, drinking water, and livelihoods of members of local fishing and farming communities surrounding the project.

So we took the IFC to court.      

The fisherfolk and farmers allege that improper design and construction – under IFC supervision – led to the harms they are suffering from. However, the IFC claimed that under US law, they are immune from suit; that they can’t be held accountable for their actions, no matter how reckless or devastating those actions are. For years, the IFC has operated as if it was “above the law,” at times pursuing ill-advised projects that inflicted serious human rights and environmental abuses on local communities, and then leaving the communities to fend for themselves.

Immunity from all legal accountability does not further the development goals of international organizations. It simply leads them to be careless.” – Marco Simons, EarthRights General Counsel.

Now the Supreme Court agrees with us. In a 7-1 decision, the Court held that the IFC will no longer be able to operate however they wish, without any recourse for the victims in our courts.

The fight for justice is not over yet. Now that the Court has found that the IFC is not absolutely immune, the Jam case returns to the lower courts, where citizens of Gujarat will continue to seek justice.

Please consider making a gift to EarthRights to ensure that this case continues to have the legal resources needed to hold the IFC accountable for their actions. Generous donors like you are a big reason communities, like those in Gujarat, can have their day in court.

This victory also clears the way for another important case to keep moving forward: Juana Doe et al v. IFC. Doe v. IFC involves IFC projects that have been linked to murders, torture, and other violence by paramilitary groups and death squads in Honduras. EarthRights represents the plaintiffs, whose identities are kept anonymous to protect them from retaliation.

It’s been a long journey since EarthRights first filed Jam v. IFC in 2015 and we could not have done it without your support. All of our legal representation is done with two goals in mind: justice for our clients and holding corporations accountable for their actions. But there is still so much work to be done.

Please consider supporting EarthRights so we can continue to represent clients, like those from India and Honduras, and ensure that corporations are never above the law.

In Solidarity,

Katie Redford

Co-founder and Director


The power of law and the power of people in defense of human rights and the environment.

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