Berlinger and his attorneys are fighting the request, on the grounds that he is protected by “journalists privilege,” or the right to refuse to divulge information obtained in a confidential relationship. 49 states and the District of Columbia offer some form of shield law protections, although they vary by state and are not absolute. There is no federal shield law. Attempting to use the shield laws when you are involved in a plaintiff’s class-action lawsuit is problematic. There is an applicable legal maxim that says that a shield is not a sword.

Chevron’s lawyers have argued that the disputed footage is “urgently needed evidence” for their defense. The judges have favored Chevron’s arguments up to this point, though there is some indication that they may limit the amount of footage Berlinger has to turn over, or appoint a special master to review the footage.

Worst of all, the disaster was intentional; Chevron admitted to doing the dumping in order to save $1-3 per barrel of oil. The dumping resulted in massive damage to Ecuador’s rainforest. Pollution remains in the area to this day. An independent expert estimated the cleanup alone would cost $27.3 billion.

Related Resources:

  • Legal Rights For Rivers, Forests & Air (FindLaw’s The Solicitor)
  • CERCLA Ruling in Niagara Mohawk Power Assn. v. Chevron U.S.A., Inc. (FindLaw’s U.S. Second Circuit)
  • Kling Realty Co. v. Chevron USA Inc., No. 08-30043 (FindLaw’s U.S. Fifth Circuit)

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