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Resolute v GreenPeace: suit slapped down

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The following is simple cut and paste from a GreenPeace Press Release.

This blog is going quiet for about three weeks as cruise ship internet connections are both expensive and unreliable. Normal Service will be resumed early in November.

Greenpeace

Federal Court Dismisses Racketeering Case Against Greenpeace

SAN FRANCISCO, October 16, 2017 — Today, the United States District Court for the Northern District of California dismissed all claims in the controversial case that major logging company Resolute Forest Products [2] filed against Greenpeace Inc., Greenpeace Fund, and Greenpeace International, Stand.earth and individual defendants, including claims under the Racketeer Influenced and Corrupt Organizations (RICO) act.

The court’s decision sends a clear message to corporations that attacks on core democratic values like freedom of speech and legitimate advocacy on issues of public interest will not be tolerated. District Judge Jon S. Tigar wrote in his order dismissing the case that “the defendants’ speech constituted the expression of opinion, or different viewpoints that [are] a vital part of our democracy.” Noting that “Greenpeace’s publications at issue rely on scientific research or fact”, the judge added that “[t]he academy, and not the courthouse, is the appropriate place to resolve scientific disagreements of this kind.”

Resolute will be allowed to amend its filing as a formality, but Greenpeace is confident that any such attempt will meet a similar fate.

Greenpeace USA General Counsel Tom Wetterer said in response to the decision:

“We are pleased the court unequivocally threw out this attempt to abuse our legal system and silence legitimate criticism on matters of public concern. This is very positive news for all of us, for the values that we share, and for Canada’s boreal forest. Resolute’s claim that organizations and activists committed to the conservation of the forests were part of a criminal enterprise is absurd and a sad symptom of a wider assault on constitutional rights and democracy. The logging company’s allegations were a clear attempt to silence the voices that advocate for the environment. Recently, Energy Transfer Partners — the oil company behind the Dakota Access Pipeline — decided to follow a strikingly similar path [3] under the legal wing of none other than Trump’s go-to law firm. The similarities are apparent and this underhanded playbook targeting free speech should be a cause of real concern. We’re grateful that the court has shown today it is a losing playbook, but that doesn’t mean corporate bullies like ETP won’t stop trying to use it.

“Energy Transfer’s case repackages many of the spurious allegations and legal claims made against Greenpeace by the Kasowitz firm on behalf of Resolute. The decision on the Resolute suit should be a clear indication that Energy Transfer’s case has no future. Both are classic SLAPPs, or strategic lawsuits against public participation. These cases don’t seek justice. They intend to silence free speech through expensive, time-consuming litigation. This pattern of harassment by corporate bullies led by Trump’s go-to attorneys must be stopped in its tracks.”

Greenpeace USA Senior Forest Campaigner Daniel Brindis added:

“The judge’s decision to dismiss the case affirms that Resolute’s divisive and bullying tactics are a waste of time and resources. It is time for Resolute to finally work with environmental organizations including Greenpeace to address their destructive forestry operations and forge a collaborative and sustainable path forward. Instead of spending more valuable resources to amend this lawsuit, Greenpeace hopes Resolute will finally be ready to work together to find solutions. Thousands in Canada and around the world have called for the protection of the forest, it’s time for Resolute to listen to them too. The world needs a healthy boreal forest and together we can develop long term sustainable solutions that respect the rights of Indigenous Peoples, protect local communities and ensure the survival of species at risk like the Woodland Caribou. ”

ENDS

 

[1] Click here to download a copy of the order.

[2] On May 31, 2016 Resolute Forest Products filed a CAD$300 million lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO) in the United States District Court for Southern Georgia, against Greenpeace International, Greenpeace, Inc., Greenpeace Fund, Inc., STAND.earth (formerly ForestEthics), and five individual staff members of these independent organizations. The case was transferred to Northern California on May 16, 2017 when Resolute failed to demonstrate that the case should be heard in Georgia.

This is Resolute’s second lawsuit against Greenpeace. In 2013, the company filed a CAD$7 million defamation case against Greenpeace Canada and two staff members in Ontario, which is still pending. Click here for more information about the existing legal cases between Resolute Forest Products and defendants, or copy this to your browser: http://www.greenpeace.org/resolutelawsuits/

[3] On August 22, 2017 Energy Transfer Partners filed a multi-million dollar lawsuit under under the Racketeer Influenced and Corrupt Organizations Act (RICO). Click here for more information about the existing legal cases between Resolute Forest Products and defendants, or copy this to your browser: http://www.greenpeace.org/usa/global-warming/greenpeace-v-energy-transfer-partners-facts/

Written by Stephen Rees

October 16, 2017 at 1:25 pm

Posted in blogging, Environment, good news

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Merv Adey and Blogging

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There is a tribute to blogger Merv Adey on the Georgia Straight web page. Merv blogged at BCVeritas and was very active on twitter where he contributed a lot to the hashtag #bcpoli. He also followed me there, which I found a great compliment.

But when I read Charlie Smith’s piece I was most taken with his final paragraphs.

Merv chose another path in life. But I have no doubt that had he been given the breaks that I received, he would have reached a much larger audience than he ever did on his blog. Not that this ever bothered him.

I only tell this story as a reminder to mainstream media journalists out there to respect bloggers like Merv, Laila Yuile, and Norm Farrell, even when they’re scorching your work.

Just because someone has a comfy position in the press gallery or hosts a talk show or edits a newspaper or has a column doesn’t necessarily mean they’re more talented, have deeper insights, or they’re a better writer or superior researcher than a blogger like Merv.

It might only mean that they got lucky when they were young because someone offered them a job when these types of jobs were far more available.

Merv often demonstrated a great deal of humility in his writing. Let that stand as an example to the rest of us.

Written by Stephen Rees

August 22, 2017 at 10:01 am

Posted in blogging

Mea Culpa

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I have been doing something I shouldn’t have, feel bad about it and will now stop.

I recently read Jordan Bateman’s book about how he – almost singlehandedly – defeated the transit referendum. You cannot get it from the library or indeed most bookshops except as a print on demand. Amazon has it as an ebook for Kindle, but I am not recommending it. His technique was to stick to two simple statements and two figures. And, the key point, is that it did not matter that they were not true.

We have, of course, now become used to the idea of a post factual political landscape since both Brexit and Trump followed a similar strategy. And even though it might be effective it doesn’t make it right. The ends do not justify the means.

I have wanted to defeat the Kinder Morgan Transmountain Pipeline expansion proposal. Mostly because the expansion of the Alberta tar sands defeats Canada’s commitment  to the Paris Agreement to combat climate change. But I have noted that most people here do not  pay much attention to that. Mostly it is – as you would expect – concerns about spills. Or the noise disturbing the orcas.  Local environmental impacts score more immediately with people than distant more widespread issues. So I have been writing – and saying – “Dilbit Sinks”. Good pithy slogan. But unfortunately, if you read any of the material cited in the previous blog posts, not exactly the whole story. In fact we have had a dilbit spill from the existing KM line into the Burnaby terminal and it did get into the Burrard Inlet, and the recovery rate was very good. Which is much better news than the ongoing problems from another dilbit spill into the Kalamazoo River – which is not at all like the Salish Sea. The problem is that, as usual, the behaviour of dilbit when spilled is largely a matter of conjecture based on modelling and laboratory type simulations. So the data is both incomplete and inconsistent – a wonderfully complex and nuanced message no-one is actually going to be bothered to read about until they have to. We do know that the recent oil spills that got so much attention here – the Marathassa  and the Nathan E Stewart – are not actually a very good guide to what might happen here with dilbit since they involved Bunker C and diesel respectively. And both those products behave differently in seawater to dilbit. But they did have an impact on the Government of Canada, and the commitments to improving spill response.

Since no-one is going to spill dilbit into the sea in bad weather deliberately, just to see what happens, we will not know until disaster actually strikes. Now, if we actually had a government in Ottawa really committed to data driven policy making the precautionary principle would apply, and the pipeline would not have been approved. And it is still not too late to defeat it. Indeed we must continue the fight against it. But important though that fight is, I cannot in all conscience employ the tactics of Donald Trump, Jordan Bateman or Nigel Farage. Indeed I reserve the right to lambaste them for their lack of integrity – and cannot do that if I am guilty of the same sin of commission.

UPDATE Max Fawcett in the National Observer

But jamming up a single pipeline does nothing to achieve CO2 reduction. The concerns that I think are fair are the ones around, you know, certainly the whale population in the … the Strait of Juan de Fuca and the spill concern.

I think the spill concern is being overstated. The risks are pretty insignificant. But if it happens, it’s a disaster, no question.

And now DeSmogBlog weighs in: Review of 9,000 Studies Finds We Know Squat About Bitumen Spills in Ocean Environments

Written by Stephen Rees

December 8, 2016 at 12:39 pm

Posted in blogging, Environment

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New Blog Domain

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There was an opportunity recently to secure the newly released top level .blog address. Yes, this did cost money, but more than any other motive, I wanted to secure my name as I am only one of several bloggers with the same name. The older, longer URL still works, of course, but I will be printing a new set of business cards with the shorter, more easy to use one.

The process was pretty easy but there were some odd moments. As soon as I got the email from WordPress that told me I could reserve the name I did so. And then seemed to get reminders for exactly the same name several times over the next few weeks. And even when I was told that no-one else had bid on the name and it was now mine, I did not get the email telling me how – and when – to set it up. I started that process this week and found I also have to pay an annual fee to use it. Having done that I got a set of instructions telling me to reset DNS settings on the server. Which is, of course, WordPress. Oddly enough even though there was a list of instructions for all the other hosting services, there wasn’t any link to WordPress. So an email had to be sent to the “happiness engineers”. But I still have to refresh connections with Facebook and Google+.

What I have also noticed this week is the complications that seem to have set in with VanCity, which has installed new software – which required them to go off line for a few days – and still doesn’t seem to be working very well. I thought computers were supposed to make things easier!

Written by Stephen Rees

December 2, 2016 at 9:59 am

Posted in blogging

2014 in review

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The WordPress.com stats helper monkeys prepared a 2014 annual report for this blog.

Here’s an excerpt:

The concert hall at the Sydney Opera House holds 2,700 people. This blog was viewed about 50,000 times in 2014. If it were a concert at Sydney Opera House, it would take about 19 sold-out performances for that many people to see it.

Click here to see the complete report.

Written by Stephen Rees

December 29, 2014 at 8:44 pm

Posted in blogging

Blogs as a tool for political change

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“I think a lot of times, elected officials are afraid of bloggers. A blogger combines an elected official’s two most scariest things which is a journalist and an engaged citizen.”

If only that were true!

I somehow doubt that Streetsblog was actually responsible for getting Times Square closed to traffic. But possibly it helped give Janette Sadik-Kahn some support for what was actually quite a controversial decision. It also helped that its method of implementation was readily reversible if it had not worked.

HAT TIP

“The Other Side of the Tracks” is a daily email summary of transit and related news:  links to news stories and blog posts about transit and TOD from around the country are collected daily by Jeff Wood, Reconnecting America‘s New Media Director and Chief Cartographer.

“The day may come when Men will fall, and Jeff Wood cannot read every transit article…. but that day is not this day” – Some Transit Lovin Dude

You can subscribe to it here

Written by Stephen Rees

January 14, 2014 at 8:48 am

2013 in review

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The WordPress.com stats helper monkeys prepared a 2013 annual report for this blog.

Here’s an excerpt:

Madison Square Garden can seat 20,000 people for a concert. This blog was viewed about 67,000 times in 2013. If it were a concert at Madison Square Garden, it would take about 3 sold-out performances for that many people to see it.

Click here to see the complete report.

Thank you to my readers and those who take the time to comment. While I expect to continue to blog here and on my other blog (which is not about transport or planning and gets many fewer visitors) I do not try to write frequently. I will only post here when I think I have something worth saying, and I am trying to reduce the amount of repetition as I have no wish to bore anyone. There will probably be more on twitter or Facebook.

Please accept my best wishes for 2014. For myself I am keenly looking forward to a month in Italy in the spring.

Written by Stephen Rees

December 31, 2013 at 8:44 am

Posted in blog update, blogging

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