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Appeal from dismissal pending.
In 2007, EarthRights International brought suit on behalf of twenty-five indigenous Achuar plaintiffs from the Peruvian Amazon against Los Angeles-based Occidental Petroleum Corp. (Oxy), alleging egregious harm caused by Oxy over a thirty-year period in the Corrientes River basin during which Oxy contaminated the rivers and lands of the indigenous Achuar communities, causing death, widespread poisoning and destruction of their way of life. ERI and its co-counsel also represent the California-based NGO Amazon Watch, which is also suing Oxy for unfair business practices in covering up the contamination. The Oxy lawsuit was dismissed by the federal District Court in Los Angeles in 2008; the judge ruled that under the doctrine of "forum non conveniens," the case should be litigated in Peru instead of the United States.
The plaintiffs appealed to the Ninth Circuit Court of Appeals, arguing that the case should stay in the United States, and that the district court should have granted some discovery before dismissing the case. Oxy also cross-appealed, arguing that Amazon Watch has no standing to sue, and should be dismissed from the case. The case was argued before a three-judge panel of the Ninth Circuit on March 3, 2010, and we are now awaiting the court's decision.