BRIEF OF AMICI CURIAE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, ACCOUNTABILITY COUNSEL, CENTER FOR CONSTITUTIONAL RIGHTS, INTERNATIONAL ACCOUNTABILITY PROJECT, INCLUSIVE DEVELOPMENT INTERNATIONAL, NAMATI, WILLIAM EASTERLY, ERICA R. GOULD, AND JENNIFER M. GREEN IN SUPPORT OF PLAINTIFFS-APPELLANTS AND REVERSAL

The brief contends that the IFC's commercial activities are fundamentally linked to its environmental and social (E&S) due diligence, and that granting the IFC immunity from lawsuits regarding project harms creates an 'accountability gap'. The authors argue that the risk of litigation would not 'chill' financing but would instead incentivize the IFC to improve its E&S compliance and grievance mechanisms. They provide data suggesting that only a small fraction of IFC projects result in formal complaints, countering the 'floodgates' argument used to justify immunity.

• Environmental and social (E&S) considerations are an integral part of the IFC's commercial business model, as the institution markets its financing products as 'socially responsible investments' and uses E&S due diligence to reduce project risks.
• The IFC's use of E&S branding, including its AAA Environmental, Social, and Governance rating from MSCI, Inc., indicates that the institution accepts these risks as part of its commercial operations.
• While the IFC has an internal accountability mechanism called the Office of the Compliance Advisor Ombudsman (CAO), it is often ineffective because it lacks the power to compel the IFC to act or provide enforceable remedies.
• The concern that removing IFC's immunity would lead to a 'floodgate' of lawsuits is not supported by empirical data; between FY2001 and FY2015, complaints to the CAO represented less than 3% of total IFC-financed projects.
• The threat of legal liability is viewed as a positive incentive that would drive the IFC to strengthen its due diligence and proactively resolve grievances out of court.

APA

Easterly, W., Gould, E. R., & Green, J. M. (2021). BRIEF OF AMICI CURIAE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, ACCOUNTABILITY COUNSEL, CENTER FOR CONSTITUTIONAL RIGHTS, INTERNATIONAL ACCOUNTABILITY PROJECT, INCLUSIVE DEVELOPMENT INTERNATIONAL, NAMATI, WILLIAM EASTERLY, ERICA R. GOULD, AND JENNIFER M. GREEN IN SUPPORT OF PLAINTIFFS-APPELLANTS AND REVERSAL. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2022/04/20-7092-2021-01-26-Amicus-Brief-As-Filed-1.pdf

Chicago

Easterly, William, Erica R. Gould, and Jennifer M. Green. BRIEF OF AMICI CURIAE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, ACCOUNTABILITY COUNSEL, CENTER FOR CONSTITUTIONAL RIGHTS, INTERNATIONAL ACCOUNTABILITY PROJECT, INCLUSIVE DEVELOPMENT INTERNATIONAL, NAMATI, WILLIAM EASTERLY, ERICA R. GOULD, AND JENNIFER M. GREEN IN SUPPORT OF PLAINTIFFS-APPELLANTS AND REVERSAL. Center for International Environmental Law, 2021. https://www.ciel.org/wp-content/uploads/2022/04/20-7092-2021-01-26-Amicus-Brief-As-Filed-1.pdf.

Wikipedia

{{cite report |last1=Easterly |first1=William |last2=Gould |first2=Erica R. |last3=Green |first3=Jennifer M. |title=BRIEF OF AMICI CURIAE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, ACCOUNTABILITY COUNSEL, CENTER FOR CONSTITUTIONAL RIGHTS, INTERNATIONAL ACCOUNTABILITY PROJECT, INCLUSIVE DEVELOPMENT INTERNATIONAL, NAMATI, WILLIAM EASTERLY, ERICA R. GOULD, AND JENNIFER M. GREEN IN SUPPORT OF PLAINTIFFS-APPELLANTS AND REVERSAL |publisher=Center for International Environmental Law |date=26 January 2021 |url=https://www.ciel.org/wp-content/uploads/2022/04/20-7092-2021-01-26-Amicus-Brief-As-Filed-1.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{easterly2021brief, author = {Easterly, William and Gould, Erica R. and Green, Jennifer M.}, title = {{BRIEF OF AMICI CURIAE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, ACCOUNTABILITY COUNSEL, CENTER FOR CONSTITUTIONAL RIGHTS, INTERNATIONAL ACCOUNTABILITY PROJECT, INCLUSIVE DEVELOPMENT INTERNATIONAL, NAMATI, WILLIAM EASTERLY, ERICA R. GOULD, AND JENNIFER M. GREEN IN SUPPORT OF PLAINTIFFS-APPELLANTS AND REVERSAL}}, institution = {Center for International Environmental Law}, year = {2021}, month = jan, url = {https://www.ciel.org/wp-content/uploads/2022/04/20-7092-2021-01-26-Amicus-Brief-As-Filed-1.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }