Damages

Greenpeace, which was only tangentially involved in the Standing Rock protests, has been slapped with a $666 million bill for damages...despite the fact that the Dakota Access Pipeline was built, and has been making Energy Transfer millions of dollars for years. How did we get here? Cody Hall, an Indigenous water protector who was a key figure during the Standing Rock protests and was initially also targeted in Energy Transfer's suit, walks us through how things went down back in 2016 and 2017, and where this suit began. Learn more about your ad choices. Visit megaphone.fm/adchoices

A new report from the Union of Concerned Scientists compiles in one place all the documentary evidence on the role of fossil fuel companies in obstructing climate policy. We walk through the latest, and get an update on climate cases in the U.S. Learn more about your ad choices. Visit megaphone.fm/adchoices

In 2007, the Supreme Court ruled in Massachusetts vs. EPA that when the U.S. Congress passed the Clean Air Act in 1970, climate science was “in its infancy,” implying that government officials could never have intended for the legislation to cover the regulation of greenhouse gas emissions. In 2022, SCOTUS doubled down on that idea, ruling in West Virginia v EPA that since the Clean Air Act didn't explicitly talk about climate change, the EPA cannot regulate greenhouse gas emissions. Now, new historical evidence unearthed by a team of Harvard University researchers led by Naomi Oreskes calls the court's understanding of the history of climate science into question, which could have major implications for the government's ability to regulate climate-changing emissions. Learn more about your ad choices. Visit megaphone.fm/adchoices

Public Citizen has been working with various prosecutors to explore the idea of using criminal law to hold oil companies accountable for climate change. In the wake of recent Supreme Court rulings, it seems smarter than ever to explore the remedies offered by criminal law, but is it really viable? The group's senior climate policy counsel, Aaron Regunburg, joins us to discuss. Learn more about your ad choices. Visit megaphone.fm/adchoices

Lots of news lately on stories we've been following, so in today's episode: an update! The landmark Carbon Majors report has been updated with some surprising new data, and the European Court of Human Rights has sent down an historic ruling that will shape how EU legislators look at energy and climate. Learn more about your ad choices. Visit megaphone.fm/adchoices

The U.S. government's definition of what constitutes an "ecoterrorist" has long driven backlash against environmental activists and in recent years that definition has only broadened. Investigative reporter and Drilled senior editor Alleen Brown dug into this recently and found that the Department of Homeland Security had been warning officials in Atlanta about the threat posed by "Defend the Atlanta Forest" for months before police raided the forest, ultimately killing one protestor, and charging dozens more with domestic terrorism and racketeering. It was such an overreaction that even mainstream media covered it. Learn more about your ad choices. Visit megaphone.fm/adchoices

About a decade after UK courts made history with the first "climate necessity" ruling in history, the UK government has passed new laws that not only restrict what protesters can do, but also how protesters are allowed to defend themselves in court. Some judges don't apply the new laws so strictly, but others have held people in contempt for just trying to explain themselves. In some courtrooms, the climate necessity defense has been effectively outlawed. How did that happen? And how did it happen so quickly? That's our story today. Learn more about your ad choices. Visit megaphone.fm/adchoices

In December 2023, the U.S. Army Corps of Engineers closed the comment period on its draft Environmental Impact Statement for the Dakota Access Pipeline, a 1,172-mile pipeline that’s been pumping 500,000 barrels of oil per day since May 2017. The pipeline runs from the Bakken oil fields in North Dakota to southern Illinois, crossing the Missouri and Mississippi Rivers. Over the past six years, every court in the country has ruled that the Army Corps of Engineers did not study the pipeline’s environmental impact closely enough before approving the pipeline’s route. The Standing Rock Sioux tribe has maintained all along that the project poses a serious threat to its drinking water. From April 2016 to February 2017 thousands of water protectors from all over the country (and beyond) joined them in protests and direct actions. The resistance at Standing Rock is often cited by the fossil fuel industry, police and politicians as the reason states need new anti-protest laws, while the backlash to that resistance is often cited by water protectors as the reason for PTSD, asthma, and in some cases lost eyes and limbs. Now, the Army Corps of Engineers says that removing the pipeline would be too damaging to the Missouri River and its surrounding ecosystems. The removal actions it describes in its EIS are the same actions taken to install the pipeline in the first place. The Army Corps suggests that removing the pipeline would be more environmentally harmful than allowing the oil to continue pumping under one of Standing Rock's primary drinking water sources. Nonetheless, this report—seven years late—represents one of the few pathways left to stop the pipeline. The Standing Rock Sioux tribe is advocating to seal the pipeline off, while some water protectors are advocating for the pipeline to be removed entirely. Learn more about your ad choices. Visit megaphone.fm/adchoices

Globally, climate activism has shifted over the past few years. It’s more constant now and includes more direct action than ever before. Some of that action has critics, including climate scientists and climate advocates, clutching their pearls and worrying that protest will turn the public away from the urgent need to act on the climate crisis. But social science researchers who study structural change and protest say there’s no historical evidence to back that up; that in fact the only time social movements have ever affected change is when they’ve been wildly disruptive, and a whole lot of the people who love to quote MLK are missing a significant part of his approach to social change. In this week's ep we hear from social scientists on how radical or not climate protests really are, and what factors make direct action work or fail. Learn more about your ad choices. Visit megaphone.fm/adchoices

In April 2023, Joanna Oltman Smith walked into the National Gallery in Washington, D.C. with fellow activist Tim Martin, and smeared water-soluble kids' finger paint on the glass display case containing a Degas statue called "Little Dancer." The two read off a statement about the importance of protecting actual, living children as well as we do sculptures of them. Smith and Martin figured they would be charged with vandalism, but each is now facing two felony charges, including one of "conspiring against the United States government." As we covered last month, one thing that makes it easy to criminalize protest is the steady hum of content that paints climate activists as fringe weirdos or out-of-touch elitists. We think it's important to meet these people and bring their stories and voices to you directly. Learn more about your ad choices. Visit megaphone.fm/adchoices

A new report from the Institute for Energy Economics and Financial Analysis (IEEFA) looks at the details of Guyana's planned "Gas to Energy" project and finds mostly benefits for ExxonMobil and more debt for Guyana. Read the full report here: https://ieefa.org/articles/guyana-gas-energy-project-unnecessary-and-financially-unsustainable Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s no coincidence that the backlash against climate protest looks the same from country to country. Not only is industry sharing tactics across borders, but also the Atlas Network—a global network of nearly 600 libertarian think tanks—has been swapping strategies and rhetoric for decades. This episode features reporting from Amy Westervelt, Lyndal Rowlands, and Julianna Merullo from Drilled, and Geoff Dembicki from DeSmog. You can see a print version of the story at The New Republic or an even longer print version on our site here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Since the 2019 passage of the "Dangerous Attachment Devices" bill in response to anti-coal protests in Queensland, Australia's states have moved quickly to follow suit. Learn more about your ad choices. Visit megaphone.fm/adchoices