The Supreme Court refused Monday to consider the appeal of a disbarred lawyer jailed for contempt of court after he won a $9.5 billion judgment against Chevron in an environmental lawsuit in Ecuador.
The attorney, Steven Donziger, was sentenced to six months in jail for failing to comply with a judge’s order to surrender all of his electronic devices.
He had asked the Supreme Court to take the case, arguing that a federal district court judge overstepped his legal authority in appointing three lawyers as special prosecutors to handle Donziger’s contempt trial after the U.S. Attorney in Manhattan declined to prosecute him.
Two conservative justices, Neil Gorsuch and Brett Kavanaugh, dissented from the decision, saying they would have the Supreme Court accept the appeal by Donziger.
Gorsuch, in his blunt written dissent, suggested that the appointment of special prosecutors by the judge violated the Constitution’s separation of powers of branches of government, which gives the executive branch the power to file criminal cases, and the judiciary the power to interpret the laws.
“In this country, judges have no more power to initiate a prosecution of those who come before them than prosecutors have to sit in judgment of those they charge,” Gorsuch wrote.
“Our Constitution does not tolerate what happened here,” he added.
The other justices who voted to deny Donziger a hearing of his appeal did not explain their decision in writing, as is customary.
Ron Kuby, a lawyer for Donziger, told CNBC, “I was pleased to see that at least two justices of the United States Supreme Court found the Donziger prosecution was a constitutional abomination and should not be repeated.”
A Chevron spokesman did not immediately respond to a request for comment.
The case stems from a lawsuit alleging decades of pollution of the South American Amazon region’s rain forests and rivers by Texaco, a corporate predecessor to Chevron.
A group of Ecuadorians represented by Donziger filed a class-action suit against Chevron in Manhattan federal court in 1993.
“At the company’s insistence, the court transferred the litigation to Ecuador,” Gorsuch wrote in his five-page dissent.
“Later, Chevron came to regret that move,” Gorsuch noted.
The plaintiffs in the lawsuit were awarded $9.5 billion from Chevron by a judge in Ecuador.
Chevron then filed a legal action in Manhattan federal court and won an injunction against the enforcement of the judgment in any U.S. court.
The company also obtained a so-called constructive trust on all assets Donziger had received as a result of the judgment in Ecuador.
Manhattan federal Judge Lewis Kaplan in a nearly 500-page ruling in 2014 wrote that Donziger and Ecuadorian lawyers “corrupted” the lawsuit in Ecuador.
Kaplan said the lawyers had, among other things, submitted fraudulent evidence, coerced a judge to use a supposedly impartial expert whose report was ghost-written by a Colorado consulting firm Donziger paid, and then promised $500,000 “to the Ecuadorian judge to rule in their favor and sign their judgment.”
To enforce the hold that Kaplan had placed on assets Donziger received in connection with the Ecuador judgment, he ordered Donziger to surrender all of his electronic devices so they could be imaged.
After Donziger failed to fully comply with that order, Kaplan held him in criminal contempt of court and referred that case to the U.S. Attorney’s Office, which normally prosecutes such matters.
However, the Manhattan U.S. Attorney declined to take the case.
Kaplan then appointed three lawyers as special prosecutors. Donziger then was tried, convicted and sentenced to jail.
Donziger had objected to Kaplan’s actions, arguing that a judge had no right to override a federal prosecutor’s discretion in deciding not to prosecute a case.
But the U.S. Court of Appeals for the 2nd Circuit upheld his conviction.
In his dissent Monday, Gorsuch noted that the Supreme Court in the late 1980s “approved the use of court-appointed prosecutors as a ‘last resort’ in certain criminal contempt cases.”
“But that decision has met with considerable criticism,” Gorsuch added. “As Members of this Court have put it, the Constitution gives courts the power to ‘serve as a neutral adjudicator in a criminal case,’ not ‘the power to prosecute crimes.'”
In the Chevron case, Gorsuch wrote, “However much the district court may have thought Mr. Donziger warranted punishment, the prosecution in this case broke a basic constitutional promise essential to our liberty.”
Tesla has unveiled its lithium-iron-phosphate (LFP) battery cell factory in Nevada and claims that it is nearly ready to start production.
Like several other automakers using LFP cells, Tesla relies heavily on Chinese manufacturers for its battery cell supply.
Tesla’s cheapest electric vehicles all utilize LFP cells, and its entire range of energy storage products, Megapacks and Powerwalls, also employ the more affordable LFP cell chemistry from Chinese manufacturers.
This reliance on Chinese manufacturers is less than ideal and particularly complicated for US automakers and battery pack manufacturers like Tesla, amid an ongoing trade war between the US and virtually the entire world, including China.
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As of last year, a 25% tariff already applied to battery cells from China, but this increased to more than 80% under Trump before he paused some tariffs on China. It remains unclear where they will end up by the time negotiations are complete and the trade war is resolved, but many expect it to be higher.
The automaker had secured older manufacturing equipment from one of its battery cell suppliers, CATL, and planned to deploy it in the US for small-scale production.
Tesla has now released new images of the factory in Nevada and claimed that it is “nearing completion”:
Here are a few images from inside the factory (via Tesla):
Previous reporting stated that Tesla aims to produce about 10 GWh of LFP battery cells per year at the new factory.
The cells are expected to be used in Tesla’s Megapack, produced in the US. Tesla currently has a capacity to produce 40 GWh of Megapacks annually at its factory in California. The company is also working on a new Megapack factory in Texas.
It’s nice to see this in the US. LFP was a US/Canada invention, with Arumugam Manthiram and John B. Goodenough doing much of the early work, and researchers in Quebec making several contributions to help with commercialization.
But China saw the potential early and invested heavily in volume manufacturing of LFP cells and it now dominates the market.
Tesla is now producing most of its vehicles with LFP cells and all its stationary energy storage products.
It makes sense to invest in your own production. However, Tesla is unlikely to catch up to BYD and CATL, which dominate LFP cell production.
The move will help Tesla avoid tariffs on a small percentage of its Megapacks produced in the US. Ford’s effort is more ambitious.
It’s worth noting that both Ford’s and Tesla’s LFP plants were planned before Trump’s tariffs, which have had limited success in bringing manufacturing back to the US.
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Senate republicans passed their version of the republican tax bill previously passed by the House. The bill retains most of the bad parts of the House bill, and still kills a slew of tax credits to help working families become more energy efficient, improve US air quality, and boost US manufacturing – instead channeling that money to wealthy elites, increasing the deficit by trillions of dollars along the way.
The Senate bill retains much of the language killing off energy efficiency credits and credits responsible for green manufacturing growth in the US.
The credits were largely established under President Biden as part of the Inflation Reduction Act, which raised hundreds of billions of dollars through tax enforcement on wealthy individuals and corporations and channeled that into energy efficiency credits for American families.
We’ve covered how families could save thousands of dollars on upgrades to lower their energy costs through these credits.
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But these credits aren’t just money-saving for Americans, they also work to boost American manufacturing, due to various provisions in the bill, particularly around the $7,500 EV tax credit which was limited to cars that undergo final assembly in North America.
So of course, republicans want to repeal this good thing. The republican tax plan currently working through Congress repeals most of the credits established in the IRA which were responsible for this boom in investment.
Republicans in the House narrowly passed their version of the bill in May, which then went to the Senate and was modified. The Senate mostly kept the job-killing language of the House bill, eliminating consumer and business tax credits that helped to spur investment in US manufacturing – specifically the 30D and 25E credits for new & used clean vehicles, the commercial clean vehicle credit, the EV charger credit, and funding to reduce pollution from heavy duty vehicles. Many of these credits have domestic sourcing provisions which encouraged companies to establish US manufacturing facilities.
It’s estimated that the elimination of these credits will kill 2 million jobs by nipping a nascent US EV manufacturing boom in the bud before it really gets started. Many of those jobs will be lost in states whose Senators voted for the bill, like Tennessee and South Carolina which will lose 140k and 135k jobs respectively. All four Senators from those states – Marsha Blackburn, Bill Hagerty, Lindsey Graham, and Tim Scott – voted to put their constituents out on the street.
All told, every Democrat voted against the job-killing, deficit-increasing measure, and three republicans had even a small amount of good sense and joined to oppose the bill – Susan Collins of Maine, Rand Paul of Kentucky, and Thom Tillis of North Carolina. But it managed to pass with a 50-50 vote with tiebreaker from J.D. Vance, the runningmate of the convicted felon currently squatting in the White House (despite being Constitutionally barred from holding office in the US).
Originally, there were additional measures in the bill that seemed to have been included just out of spite. For example, republicans wanted to sell off USPS’ awesome new EVs for scrap, losing billions of dollars in the process and killing the American jobs building them. And republicans wanted to add a punitive tax on EVs while subsidizing gas vehicles even more, increasing the budget shortfall for highways.
Thankfully, neither the USPS or registration tax measures seem to have made it into the final Senate bill, but the main measures killing American jobs have remained.
The Senate bill is, in some ways, worse than the House bill. For example, it eliminates the consumer EV credit 3 months earlier, thus increasing inflation faster for one of the most costly items that a consumer owns – their car. And that won’t just affect EVs – by making EVs $7,500 more expensive, competing gas vehicles will feel less downward pressure on price from the competition of cleaner, cheaper-to-own EVs, and manufacturers could well increase prices.
Domestic EV sales in China have ballooned in recent years. China got a slower start than some countries, having low EV penetration until around 2020, but has gone exponential in recent years. In 2023, ICE car values began to plummet and these cars became unsellable in China, acting as a canary in the coal mine for what will happen to the global auto industry if other automaking countries don’t take EVs seriously.
It’s estimated that this year, China will sell more EVs than the US sells cars overall.
But China is not just the number one EV maker, it’s also the number one car maker. As of last year, China is the top auto exporter in the world, eclipsing Japan which had been the primary holder of that title for decades.
Japan came to international prominence in automotive manufacturing in the 1970s, led primarily by the adoption of technologies that better confronted the environmental challenges of the day, while Western automakers continued to try to sell unpopular, inefficient gas guzzlers. Western governments failed to recognize the threat of growing overseas competition, and responded fecklessly with tariffs that didn’t work. Sound familiar?
And so, the Senate bill, which would strangle the attempt to catch US EV manufacturing up to China’s long-planned dominance of the field, will only serve to reduce potential international competition to the rise of China. China is taking EVs seriously, and the US could have, if it weren’t for the spiteful actions of the republicans.
They’re trying to kill off these manufacturing investments likely to snub one of President Biden’s biggest wins, and as a giveaway to the fossil fuel industry that bribes them disproportionately. But all this will do is harm US manufacturing and make Americans sicker and poorer – and help the US’ geopolitical rivals step into the vacuum left by America’s abdication of the auto industry.
The bill now moves back to the House, where that body will have its chance to vote on the changes made in the Senate bill. The last vote passed by the narrowest possible majority, so it’s possible that the changes will kill the bill in the House, but given the recent history of republicans as wanting to make literally everything worse out of spite, it might take a miracle.
If you happen to want good things to happen to America, instead of bad things, you could perhaps call your Congressperson and ask them to vote against this job-killing, deficit-increasing, inflation-causing bill.
Another thing republicans want to kill is the rooftop solar credit. That means you could have only until the end of this year to install rooftop solar on your home, before republicans raise the cost of doing so by an average of ~$10,000. So if you want to go solar, get started now, because these things take time and the system needs to be active before you file for the credit.
To make sure you find a trusted, reliable solar installer near you that offers competitive pricing, check out EnergySage, a free service that makes it easy for you to go solar. It has hundreds of pre-vetted solar installers competing for your business, ensuring you get high-quality solutions and save 20-30% compared to going it alone. Plus, it’s free to use, and you won’t get sales calls until you select an installer and share your phone number with them.
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Barrick Mining Corp. and Komatsu have formalized a $440 million deal that will see the Japanese construction giant begin delivering electric and electrified mining equipment assets to the company’s Reko Diq copper-gold project in Pakistan.
“The Reko Diq project represents a long-term investment in our future and that of mining in Pakistan, and our partnership with Komatsu is an important part of that vision,” explains Mark Bristow, Barrick president and CEO. “Komatsu equipment has proven its performance and reliability at our operations worldwide, and we are confident in its ability to support our goals at Reko Diq. We look forward to building on this strong relationship as we develop one of the world’s newest greenfield assets.”
Big spending, bigger savings
P&H 4100XPC AC electric rope shovel and haul truck, via Komatsu.
That 50% number? It’s not just a projection – It’s backed by real-world data. Komatsu says customers using the PC4000-11E in pilot programs have already realized 47% savings in total cost of ownership.
The fully automatic cable drum is designed for easier operation of the electrically driven excavator in backhoe configuration. The automatic winding of the cable makes maneuvering in the pit significantly easier and saves time. Simplified electric machine control enables fast troubleshooting and maintenance of the electrical system and contributes significantly to increasing the overall availability of the machine and helping our customers work toward achieving the highest safety standards.
“We see ourselves as partners to our customers, supporting and collaborating with them on their journey toward a more sustainable and efficient mining operation,” explains Peter Buhles, Vice President Sales and Service, Komatsu Germany GmbH – Mining Division. “We are looking forward to meeting everyone in person at our booth and showcasing our latest technical solutions for hydraulic mining excavators.”
Barrick Mining’s order includes an undisclosed mix of assets that includes a number of ultra-class haul trucks, mining excavators, rope shovels, and wheel loaders. Barrick will begin receiving the first examples of its new Komatsu mining machinery at its Pakistani operations in early 2026.
Meanwhile, big electric locomotives like the Fortescue Infinity Train can, in certain use cases with high amounts of regenerative braking, operate without any significant cost to recharge. At that point, the reduced maintenance and downtime of BEVs compared to diesel vehicles becomes icing on the TCO cake.
If you’re considering going solar, it’s always a good idea to get quotes from a few installers. To make sure you find a trusted, reliable solar installer near you that offers competitive pricing, check out EnergySage, a free service that makes it easy for you to go solar. It has hundreds of pre-vetted solar installers competing for your business, ensuring you get high-quality solutions and save 20-30% compared to going it alone. Plus, it’s free to use, and you won’t get sales calls until you select an installer and share your phone number with them.
Your personalized solar quotes are easy to compare online and you’ll get access to unbiased Energy Advisors to help you every step of the way. Get started here.
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