Posts Tagged ‘SLAPP’
Resolute v GreenPeace: suit slapped down
The following is simple cut and paste from a GreenPeace Press Release.
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/
Greenpeace launches worldwide campaign for free speech
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
PR Newswire doesn’t count
Globe and Mail (paywall)
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.
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.
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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.
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