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Posts Tagged ‘Greenpeace

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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There Will Be Spills

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o-PIPELINE-facebook

My opposition to the TransMountain Pipeline expansion is that it will be redundant sooner rather than later. But if course that is not taken into account by any regulatory process. The pipeline has been approved and the new BC government seems to rewinding its pre-election promise to stop it. It will not just feed the export terminal in Burnaby, it will also feed the oil refineries in Washington state. It is also very unlikely that much of dilbit will be exported to Asia: most of it will go to the US refineries that can cope with heavy crudes. This will inevitably lead to the extirpation of the resident orca population in the Salish Sea already suffering due to the lack of salmon that they depend on. The rest of this post is taken from a Greenpeace press release. Once again I doubt that the corporate media will do anything but soft shoe shuffle around this issue and perhaps bleat again about jobs (just as they did with LNG) even though the employment prospects for renewables are far better than fossil fuels.


New report reveals one spill a week in US from three tar sands pipeline companies

3 August 2017 (EDMONTON) — A map and policy brief released today by Greenpeace detail a legacy of spills — roughly one every week in the United States since 2010 — from three companies proposing to build four tar sands pipelines. The map plots the location and size of 373 spills from pipelines owned by Kinder Morgan, Enbridge, TransCanada and their subsidiaries, totaling 63,221 barrels of hazardous liquids in just seven years.

These “Dirty Three” of pipeline companies, two of which are Canadian, are at varying stages of building four controversial oil pipelines from Alberta’s tar sands across North America. Data in the map and brief covers spills in the United States, where TransCanada is attempting to re-ignite the Keystone XL pipeline and Enbridge is in the late stages of permitting for its Line 3 Expansion pipeline, which would travel over 1,000 miles, crossing North Dakota and Minnesota to its destination on Lake Superior in Wisconsin. Kinder Morgan hopes to begin construction on the Trans Mountain Expansion pipeline in British Columbia this fall, while TransCanada has restarted the approval process for its Energy East pipeline, which would pass through six provinces.

Key findings in the brief include:

  • Despite industry claims, pipeline spills have remained a steady problem, with significant spills of crude oil and petroleum products increasing over the last several years across many states along the three companies’ pipeline networks. The companies’ 373 spills since 2010 account for a total of 63,221 barrels of hazardous liquids, the largest being Enbridge’s 20,082 barrels of tar sands oil spilled into the Kalamazoo River.

  • Extrapolating from current rates of incidents, Kinder Morgan can expect 36 significant spills (see Note 2 below), Keystone XL can expect 59 significant spills in its lifetime and Line 3 Expansion can expect 51.

  • Along with being far more carbon-intensive than conventional crude, diluted bitumen has been shown to be much harder to clean up when spilled in water. Both Line 3 Expansion and Keystone XL make multiple water crossings and run near key watersheds and wetland habitats.

“This data exposes these tar sands pipeline companies’ worrying safety records. There’s good reason for concern among Indigenous Peoples and communities living along these companies’ pipeline routes on both sides of the border — it’s their lands and waters that would be directly contaminated by an oil spill. With these three companies and their subsidiaries creating one spill a week in the US, it’s not a question of ‘if’ there will be a spill, but ‘when and how big’ that spill will be,” said Mike Hudema, a climate and energy campaigner with Greenpeace Canada.

Financial support for these pipelines is being provided by banks including TD, RBC, CIBC and JPMorgan Chase. Credit union association Desjardins has also provided financial support, but recently announced a moratorium on oil pipeline financing and investments in response to concerns about the threats pipelines pose to the environment and Indigenous rights. Greenpeace Canada and Greenpeace USA are part of an international coalition of civil society and Indigenous organizations campaigning to urge financial institutions to pull their investments in tar sands pipelines given the high financial, reputational and environmental risks they pose.

(1) In Canada, pipeline spill reporting falls under a combination of federal and provincial jurisdictions, leaving Canadians without a central, up-to-date set of data due to discrepancies in the transparency, quality and user-friendliness across jurisdictions. One of the most comprehensive spill databases in Canada was actually compiled by Global Television, which showed that Alberta (the epicentre of tar sands production) averaged 2 spills a day for the 37 years covered by the dataset. [Note that the map linked to in this paragraph only covers Alberta.]

(2) PHMSA data for crude oil pipelines shows 0.001 significant incidents per year per mile, so assuming the U.S. rate for Kinder Morgan’s Trans Mountain Expansion pipeline, we would expect to see 0.001 sig spills/yr/mi x 715mi x 50yr = 36 significant spills in a 50 year lifetime.

Written by Stephen Rees

August 3, 2017 at 10:22 am

Greenpeace launches worldwide campaign for free speech

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I am putting this here just to see how many mainstream media outlets actually give this coverage.  I will add links to their stories here as I find them.

Three so far

Winnipeg Free Press

Yahoo

Outside Magazine

PR Newswire doesn’t count

Globe and Mail (paywall)

Vancouver Sun

OK yes the mainstream media did follow up: the list will not be updated

I have kept the links visible at the foot of this press release so that you can read the full report. I would have liked to have included some of the illustrative materials but that requires registration and also formal permission from Greenpeace.

The following image is on flickr, posted by Boris Mann with a Creative Commons license. It illustrates a clearcut on Vancouver Island near Lake Cowichan taken on October 9, 2006. Its use here is simply to draw attention to unsustainable practices and does not imply that it has anything to do with Resolute Forest Products.

Clearcut

Montreal, 16 May, 2017 — Greenpeace has launched a new worldwide campaign for free speech today to stand up to Canadian logging giant Resolute Forest Products’ massive legal attacks on its critics, which threaten the existence of this global environmental movement. These meritless lawsuits are just the tip of the iceberg and part of a global trend of SLAPP (strategic lawsuits against public participation) litigation which aims to throttle civic advocacy.

Instead of focusing on fully adopting sustainable forestry, investing in healthy forests, and creating jobs, Resolute is trying to intimidate critics like Greenpeace with two massive multimillion dollar lawsuits that threaten free speech.Today, Greenpeace US is launching a new report, “Clearcutting Free Speech: How Resolute Forest Products is going to extremes to silence critics of its controversial logging practices”[1], presenting the implications of logging company Resolute Forest Products massive legal attack on its critics, which aims to redefine activism as criminal activity.

“Greenpeace has gained international recognition as an independent environmental watchdog because we raise our voices without fear. That is public interest advocacy, not a criminal activity. The voices of our supporters will not be shut down now because a logging company like Resolute wants to get away with logging in intact forests,” said Greenpeace International Executive Director Bunny McDiarmid.

If Resolute’s lawsuits succeed, the cases could set a dangerous precedent of shutting down advocacy groups and corporate watchdogs and embolden companies around the world to use similar tactics against their own critics.

In May 2016, Resolute filed a CAD$300 million lawsuit for racketeering and other claims in the United States against several Greenpeace entities, Stand.earth and individual activists. Prior to that, Resolute filed a CAD$7 million lawsuit for defamation and other claims against Greenpeace Canada and two of its staff in 2013, that is still ongoing. The company has also used intimidating legal and public relations tactics against other organisations including the Rainforest Alliance, an independent environmental auditor.

Greenpeace is calling on support from free speech advocates around the world, including    major international publishers such as Penguin Random House, HarperCollins, Simon & Schuster and Hachette — who purchase paper from Resolute. Greenpeace is inviting them to join the call to protect freedom of speech and the collective rights to organise on issues of public concern, like forest conservation.

Greenpeace Canada Forest campaigner, Shane Moffatt, a defendant in the Canadian lawsuit, said:

“We want a healthy forest where Indigenous Peoples rights are respected, jobs are secured for communities and fragile ecosystems are protected. The only way to get there is with open dialogue and free speech so all parties can work together to make these solutions a reality.”

Greenpeace US Senior Forest Campaigner, Amy Moas, a defendant in the US lawsuit, said:

“If Resolute wins these lawsuits, not only could it mean a world without Greenpeace and the 45 year record of a movement to protect the environment, but a world where free speech becomes more restricted for advocacy groups, individuals, artists, journalists and publishers.

“Resolute aims to label environmental advocacy work as criminal activity in the United States and to set a precedent to silence rightful dissent across the board. Resolute Forest Products is not counting on the millions of people that make the environmental movement so strong. Together, our voices are vital for protecting our rights, our communities and the planet,” concluded Moas.

Despite the ongoing lawsuits, Greenpeace continues to have an open door for Resolute, to work together for lasting solutions in the boreal forest for all stakeholders involved.

 

-30-

Notes to editors:

[1] Click here to access the full “Clearcutting Free Speech: How Resolute Forest Products is going to extremes to silence critics of its controversial logging practices” report or copy the following URL in your browser: http://www.greenpeace.org/usa/clearcutting-free-speech

[2] Click here to obtain images, videos and other materials related to this release or copy the following URL in your browser: http://media.greenpeace.org/collection/27MZIFJJU3322

[3] SLAPP suits are a growing trend which corporations and anyone with enough resources to create legal claims without merit use as a way to silence any type of criticism, labelling advocacy organizations and their workers as ‘criminal enterprises’ and intimidating them through multi-million dollar lawsuits. Most damagingly, such SLAPP suits suck up time and energy that should be spent campaigning for important causes, such as protecting the environment. Only corporations with deep pockets benefit from launching such lawsuits, society and public interest suffers. Anti-SLAPP legislation exists in many provinces and states. Although Resolute is based in Québec, its lawsuit was filed in Ontario, which, unlike Québec, did not have anti-SLAPP legislation at the time of filing.

Written by Stephen Rees

May 16, 2017 at 9:29 am

Greenpeace ad takes aim at Harper’s tar sands greenwash

This post is courtesy of Peter Louwe of Greenpeace who was kind enough to send me a Press Release. I do not watch much tv these days, and when I do I pick non-commercial channels when I can. Which is a shame when you miss things like this. I hope they do go viral on social media and perhaps this will help.

The Harper government’s performance on the environment in general and the tar sands in particular is hard to satirize. Its a bit like Tom Lehrer said, when they gave Henry Kissinger the Nobel Peace Prize, it is now really hard to do satire.

Actually this is the first of three and Greenpeace wants to raise funds to put all of them on the air. You can help, of course. As usual, these things come with a plea for cash – or signatures on a petition.

Greenpeace lampoons government ads that “greenwash” tar sands

6 June 2013 – Greenpeace Canada launched a satirical television ad campaign today aimed at debunking the Harper government’s campaign to “greenwash” the tar sands.

The 30-second ad stars comedic actor Peter Keleghan, known for his work on “18 to Life” and “The Red Green Show,” as Environment Minister Peter Kent. In the ad, he complains that “being the kind of environment minister who makes big oil companies clean up their mess isn’t easy – but buying ads is!”

At issue are the federal government’s “Responsible Resource Development” ads, which depict the tar sands industry as environmentally friendly. First aired in 2012, Ottawa will spend $16 million in tax dollars this year to keep the ads running on television.

Greenpeace will promote the ad on social media before it airs the week of July 8th on CBC’s George Stroumboulopoulos Tonight. The organization is appealing to viewers to sign a petition aimed at Prime Minister Harper as well as contribute a donation to run the ad more widely.

“This project gave me the opportunity to help Greenpeace make an important statement on how the federal government is spending our money to promote the oil industry,” said Keleghan. “It richly deserves being lampooned.”

In addition to the television spot, Greenpeace made two longer skits featuring Sheila McCarthy and Richard Blackburn, who respectively play a sly assistant and exuberant Harper.

All three videos (available at http://www.stopgreenwash.ca) were directed by Michael Kennedy, whose work includes the hit sitcom “Little Mosque on the Prairie.” Kennedy said he jumped at the chance to direct the videos: “Serious issues deserve serious attention, but sometimes humour works best when you’re trying to reach people.”

“There is no throne so high that it can’t be shaken by laughter from beneath,” echoed Greenpeace Climate and Energy Coordinator Keith Stewart. “Let’s laugh those government ads off the air!”

Keleghan, who has shown his comedic talents in episodes of Seinfeld and Cheers as well as in starring roles in The Newsroom and Billable Hours, previously appeared as Minister Kent in Greenpeace’s “Polluter Harmony” video two years ago.

Written by Stephen Rees

June 6, 2013 at 8:30 am