By Kelly Mitchell
In response to the powerful protests led by Indigenous communities and climate activists, the firm has filed a lawsuit claiming billions of dollars in damages on behalf of Energy Transfer. Here's what you need to know.
What is this lawsuit about?
In response to the powerful alliance of Indigenous communities and climate activists who protested Energy Transfer Partner's Dakota Access pipeline at Standing Rock, the Kasowitz firm has filed a Strategic Lawsuit Against Public Participation (SLAPP). The goal of this suit is to silence opposition by misrepresenting what happened on the ground at Standing Rock—making outrageous and racist claims that big green organizations like Greenpeace orchestrated the Indigenous-led movement at Standing Rock.
This lawsuit is about silencing opposition in Donald Trump's America. While Greenpeace is named as a defendant in the lawsuit, its impacts aren't limited to us. This suit could have far-reaching consequences for journalists, advocacy organizations and anyone who values free speech. The Kasowitz firm is trying to challenge all of our abilities to speak out against corporate power and destruction.
This is the second year in a row that the Kasowitz firm has filed a meritless lawsuit against Greenpeace and other public interest advocates on behalf of a corporation. In 2016, the plaintiff was Resolute Forest Products, Canada's largest logging company. That lawsuit made similarly baseless legal claims in an attempt to mislabel legal advocacy as criminal conduct through the use of U.S. racketeering laws (RICO), and presented constitutionally-protected free speech as defamatory. A hearing to dismiss the Resolute lawsuit is scheduled for Oct. 10, 2017 in the U.S. District Court in San Francisco.
These suits are part of a pattern of legal bullying, as desperate corporations and political hacks try to silence activists, journalists and anyone speaking out against injustice. Energy Transfer must know that the end of the fossil fuel era is upon us, and these attacks are a last gasp effort to retain relevance and an illusion of power. What they haven't seemed to realize is that none of us will quit until these pipelines are stopped for good.
Remind me, what happened at Standing Rock?
In the spring of 2016, hundreds of Indigenous activists and leaders began gathering along the proposed route of the Dakota Access pipeline to call attention to threats to sovereignty and water supply. In the months that followed, it became the largest gathering of tribes in 100 years and sparked a worldwide movement to resist the pipeline's construction and fight for Indigenous sovereignty.
Members of the Standing Rock Sioux tribe, alongside allies from across the country, filed legal injunctions with the Army Corps of Engineers to stop construction and conduct a full Environmental Impact Statement (EIS). Several financial institutions including Nordea and ING withdrew their support for the project, citing human rights and environmental violations after conducting their own investigations. In December, after a thorough review, the Obama administration denied the easement to cross under Lake Oahe, calling for a full EIS to look at alternative routes.
Despite the Obama administration's decision, in January, Trump made it one of his top priorities to greenlight construction of the pipeline without the EIS completed. Water protectors were removed from the camp, and in the weeks to follow documents revealed that Energy Transfer had hired mercenaries from private security firm TigerSwan to infiltrate the camp and deploy counter-terrorism tactics on water protectors.
Since construction, the pipeline has leaked three times, jeopardizing land and water. Activists across the country have found inspiration from Standing Rock and are actively resisting other tar sands and gas pipelines, including Kinder Morgan TransMountain and KXL.
What's the next step for this lawsuit?
Greenpeace will not back down in the face of this egregious misuse of the law. Firms like Kasowitz deploy these lawsuits in the hopes of silencing constitutionally-protected advocacy work and burdening organizations with additional costs. Greenpeace is on the line today, but these abusive tactics threaten anyone speaking out for social and environmental justice.
We will continue this fight in and outside the courtroom. Not only will we win this case, we will continue our important work challenging new oil and gas infrastructure, building powerful alliances, and fighting for free speech and public participation in our democracy.
On Oct. 10, the Resolute case will go before a federal judge in California. This will be a major test of Kasowitz's dubious legal strategy and an opportunity to show corporate polluters like Energy Transfer that this movement is more resilient than they anticipated.
Kelly Mitchell is the energy campaign director for Greenpeace USA.
By Ilana Cohen
Four years ago, Jacob Abel cast his first presidential vote for Donald Trump. As a young conservative from Concord, North Carolina, the choice felt natural.
But this November, he plans to cast a "protest vote" for a write-in candidate or abstain from casting a ballot for president. A determining factor in his 180-degree turn? Climate change.
Fractures Among Young Climate Conservatives<p>While young conservatives have united around the urgency of climate change, they remain divided over how to bring their concerns to the ballot box. Some embrace right-wing <a href="https://www.washingtonpost.com/politics/biden-attacks-republican-convention/2020/08/24/434e5b46-e66d-11ea-970a-64c73a1c2392_story.html" target="_blank">attacks</a> painting Biden as a "tool of the left" and find his climate agenda "radical." Others can't find a way to justify voting for Trump, even if it means breaking with their party.</p><p>Patrick Mann from Orange County, California, voted for Trump in 2016. But today, he's leading Aggies for Joe at Texas A&M University and is co-founder of Texas Students for Biden. </p><p>Mann grew up watching wildfires ravage his home state, nearly forcing his family to evacuate in 2017. The GOP is failing to "meet the moment" for climate action, Mann said. He's hoping Biden will deliver on a promise to "<a href="https://www.desmoinesregister.com/story/opinion/columnists/caucus/2020/01/06/joe-biden-democrat-president-iowa-caucus-restore-soul-our-nation/2806422001/" target="_blank">restore the soul of our nation</a>." </p><p>Taylor Walker from Pensacola, Florida, is also determined to make her voice heard on climate, including by casting her first-ever vote for president—but not for Biden.</p>
A False Equivalency<p>Young climate conservatives may fear climate denial and delayed climate action, but more than that, they fear the growing political momentum around the Green New Deal, the massive spending it entails and <a href="https://joebiden.com/climate-plan/" target="_blank">Biden's citing of it</a> as a "crucial framing for meeting the climate challenges we face."</p><p>Many don't want to split with their party to support a Democrat whose <a href="https://www.npr.org/2019/09/03/757220130/joe-biden-on-bipartisanship-gun-control-and-regrets-over-inaction-after-a-traged" target="_blank">allegedly bipartisan intentions</a> they doubt. If stymieing what they consider a radical green agenda means re-electing a climate change denying president, so be it. </p><p>"I'm scared of climate change, but I'm also scared of the Green New Deal and what it means for America," said Ben Mutolo, a republicEN spokesperson and junior at SUNY College of Environmental Science and Forestry. </p><p>Mutolo felt encouraged by former Ohio Governor John Kasich's <a href="https://www.rollcall.com/2020/08/17/kasich-speech-to-democratic-convention-follows-years-of-building-conservative-credentials/" target="_blank" rel="noopener noreferrer">appearance</a> at the Democratic National Convention, but he still struggles to see himself voting for Biden. Though the candidate paints himself as a <a href="https://www.latimes.com/politics/story/2020-08-12/harris-biden-different-generation-similar-political-instinct" target="_blank" rel="noopener noreferrer">centrist,</a> Mutolo believes he's "cozying up to the ultra-progressive left." </p><p>Mutolo, who wants to see market-based climate solutions like a carbon tax, feels torn between a candidate whose climate plan relies on taking an "<a href="https://joebiden.com/environmental-justice-plan/#" target="_blank" rel="noopener noreferrer">All-of-Government approach</a>," and one with no efforts to reign in global warming at all. <span></span></p><p>Leiserowitz said he appreciated how a conservative might feel Biden's climate plan "doesn't jive with their limited government, free-market approach."</p><p>But he sees a strong distinction between voting for a presidential candidate with a <a href="https://www.nytimes.com/2020/07/14/us/politics/biden-climate-plan.html" target="_blank">$2 trillion climate plan</a> that includes large renewable energy investments, which have <a href="https://climatecommunication.yale.edu/publications/politics-global-warming-april-2020/" target="_blank" rel="noopener noreferrer">bipartisan support</a>, and a candidate trying "to take the country in the opposite direction, towards more fossil fuels."</p>
- 7 Republicans Joined Senate Democrats in Vote to Fight Climate ... ›
- Climate Change Acknowledged by Increasing Number of ... ›
EcoWatch Daily Newsletter
The World Health Organization (WHO) announced Monday that 64 high-income nations have joined an effort to distribute a COVID-19 vaccine fairly, prioritizing the most vulnerable citizens, as Science reported. The program is called the COVID-19 Vaccines Global Access Facility, or Covax, and it is a joint effort led by the WHO, the Coalition for Epidemic Preparedness Innovations (CEPI) and Gavi, the Vaccine Alliance.
- Trump Denies CDC Director's 2021 Timeline for Coronavirus Vaccine ›
- CDC Tells States to Prepare for a Vaccine Before November Election ›
- Fauci Warns Pre-Pandemic Normalcy Not Likely Until Late 2021 ... ›
By Gloria Oladipo
In the face of dangerous heat waves this summer, Americans have taken shelter in air conditioned cooling centers. Normally, that would be a wise choice, but during a pandemic, indoor shelters present new risks. The same air conditioning systems that keep us cool recirculate air around us, potentially spreading the coronavirus.
Toxins in water produced by cyanobacteria was likely responsible for more than 300 elephant deaths in Botswana this year, the country's wildlife department announced on Monday.
How Did Cyanobacteria Poison the Elephants?<p>Cyanobacteria are microscopic organisms common in water and sometimes found in soil. Some cyanobacteria produce neurotoxins.</p><p>The cyanobacteria "was growing in pans" or watering holes, the principal veterinary officer of the Department of Wildlife and National Parks, Mmadi Reuben, told reporters.</p><p>Reuben said the deaths had "stopped towards the end of June 2020, coinciding with the drying of pans."</p><p>"However we have many questions still to be answered such as why the elephants only and why that area only? We have a number of hypotheses we are investigating," added Reuben.</p><p>Similar elephant deaths have also been recorded in neighboring Zimbabwe.</p>
Climate Change to Blame?<p>Not all cyanobacteria are toxic but scientists say varieties dangerous to humans and animals are occurring more frequently as climate change drives up global temperatures.</p><p>Southern Africa's temperatures are rising at twice the global average, according to the Intergovernmental Panel on Climate Change.</p>
Elephant Paradise?<p>Africa's overall elephant population is declining due to poaching. But Botswana, home to almost a third of the continent's elephants, has seen numbers grow to around 130,000.</p><p>Botswana's government said it was continuing studies into the occurrence of the deadly bacteria. In the winter, elephants hydrate themselves mainly by eating roots and bark, especially of the baobab tree.</p>
- Hundreds of Botswana's Elephants Are Dying From Mysterious Cause ›
- How Botswana's Sudden Elephant Deaths Impact the Species ... ›
- In 'Conservation Disaster,' Hundreds of Botswana's Elephants Are ... ›
By Alexandra Villarreal
As West coast wildfires color the skies dystopian red and orange and an aggressive hurricane season batters the U.S. Gulf coast, college students are demanding their schools take bold action to address the climate crisis.
- NYC Public Schools to Excuse Climate Strikers - EcoWatch ›
- Portuguese Youth Activists Sue 33 Countries Over Climate Crisis ... ›
- Students Rally for Fossil Fuel Divestment at Ohio State University ... ›