Steven Donziger is perhaps the best-known member of the trial monitoring committee that has been in court throughout the Energy Transfer v Greenpeace case.Donziger is an environmental lawyer who won a multibillion-dollar judgment in Ecuador against Chevron over contamination in the Lago Agrio region, but ended up under house arrest for years, after the oil giant countersued him seeking $60bn in damages.Here, in a video released this week before the verdict, is how Donziger explains what is at stake in this legal effort to silence dissent he compares to the government’s arrest of Mahmoud Khalil:Here is some useful background on the lawsuit against Greenpeace, from an article published last month by our colleagues Nina Lakhani and Rachel Leingang.Energy Transfer Partners, a Dallas-based oil and gas company worth almost $70bn, had accused Greenpeace of defamation and orchestrating criminal behavior by protesters at the Dakota Access pipeline (Dapl).The anti-pipeline protests in 2016 and 2017 were organised by Standing Rock and other Sioux tribes and supported by more than 300 sovereign tribal nations, inspiring an international solidarity movement after Energy Transfer’s private security unleashed attack dogs and pepper spray against nonviolent protesters.Tens of thousands of people from across the country and world participated in the Dapl protests, and Greenpeace was among scores of non-profit groups that supported the Standing Rock tribe’s opposition to the pipeline.But Energy Transfer alleges in court filings that thousands of protestors were “incited” to come to North Dakota thanks to a “misinformation campaign” by Greenpeace.The lawsuit has been widely denounced as a classic strategic lawsuit against public participation (Slapp) – a form of civil litigation increasingly deployed by corporations, politicians and wealthy individuals to deliberately wear down and silence critics including journalists, activists and watchdog groups.For more, read the whole article, here:A team of 12 independent prominent civil rights attorneys and advocates who monitored the Greenpeace trial amid concerns about judicial bias and violations of due process released the following statement deploring the verdict:
It is our collective assessment that the jury verdict against Greenpeace in North Dakota reflects a deeply flawed trial with multiple due process violations that denied Greenpeace the ability to present anything close to a full defense. Attorneys on our team monitored every minute of the proceedings and found multiple violations of due process that denied Greenpeace its right to a fair trial. The problems included a jury that was patently biased in favor of Energy Transfer, with many members working in the fossil fuel industry; a judge who lacked the requisite experience and legal knowledge to rule properly on the complex First Amendment and other evidentiary issues at the center of the case; and incendiary and prejudicial statements by lawyers for Energy Transfer that tried to criminalize Greenpeace and by extension the entire climate movement by attacking constitutionally-protected advocacy.
Our fear that this was an illegitimate corporate-funded SLAPP harassment case was confirmed by our observations. We will be issuing a full report documenting these violations and larger flaws in the case in the coming weeks. While the trial court verdict is in, the case is far from over. Greenpeace has a right to appeal to the North Dakota Supreme Court and ultimately to the U.S. Supreme Court. Our committee will continue its work monitoring this critically important case that raises troubling concerns for all advocates in the country.
The monitors who released the statement include: Marty Garbus, a trial attorney who has represented Nelson Mandela, Daniel Ellsberg, Cesar Chavez, and Vaclav Havel; Natali Segovia, director of Water Protector Legal Collective; Steven Donziger, an environmental and human rights advocate (and Guardian US columnist); Jeanne Mirer, president of the International Association of Democratic Lawyers; Scott Wilson Badenoch, Jr., a fellow of the American Bar Foundation; Wade McMullen, a distinguished fellow of the Human Rights Institute at Georgetown University Law Center.As our colleagues Rachel Leingang and Nina Lakhani report, a jury in North Dakota has decided that the environmental group Greenpeace must pay hundreds of millions of dollars to the pipeline company Energy Transfer and is liable over defamation and other claims over protests in the state nearly a decade ago.Greenpeace, which had denied the claims, said in a statement after the verdict that lawsuits like this were aimed at “destroying the right to peaceful protest”; constitutional rights experts had expressed fears that case could have a wider chilling effect on free speech.Here is the complete statement on the verdict from Deepa Padmanabha, senior legal advisor, Greenpeace USA, sent to the Guardian:
What we saw over these three weeks was Energy Transfer’s blatant disregard for the voices of the Standing Rock Sioux Tribe. And while they also tried to distort the truth about Greenpeace’s role in the protests, we instead reaffirmed our unwavering commitment to non-violence in every action we take. After almost eight years, we were proud to share our story with the people of Mandan and beyond. To be clear, Greenpeace’s story is not the story of Standing Rock; that is not ours to tell, despite the allegations in the lawsuit. Our story is how an organization like Greenpeace USA can support critical fights to protect communities most impacted by the climate crisis, as well as continued attacks on Indigenous sovereignty. We should all be concerned about the future of the First Amendment, and lawsuits like this aimed at destroying our rights to peaceful protest and free speech. Greenpeace will continue to do its part to fight for the protection of these fundamental rights for everyone.
Kristin Casper, the general counsel for Greenpeace International said:
The fight against Big Oil isn’t over today, and we know that the truth and the law are on our side. Greenpeace International will continue to campaign for a green and peaceful future. Energy Transfer hasn’t heard the last of us in this fight. We’re just getting started with our anti-SLAPP lawsuit against Energy Transfer’s attacks on free speech and peaceful protest. We will see Energy Transfer in court this July in the Netherlands. We will not back down, we will not be silenced.
Read Rachel and Nina’s detailed report on the verdict, and its implications here:A North Dakota jury has found Greenpeace liable for hundreds of millions of dollars in damages to an energy company over protests against a pipeline being constructed in the state.The verdict stems from a lawsuit filed by Dallas-based Energy Transfer Partners, which sought $300m in damages from Greenpeace for defamation and orchestrating criminal behavior by protesters at the Dakota Access pipeline in 2016 and 2017. Greenpeace has warned paying such a large judgment could bankrupt their US operation.Here’s more on the verdict:Last week, the Trump administration asked the supreme court to quickly overturn lower court rulings that blocked its attempt to curtail birthright citizenship for the children of undocumented immigrants.The Associated Press reports that the request may also offer the conservative-dominated bench the opportunity to cut down on the practice of a single judge halting a policy nationwide. But, for whatever reason, the justices do not seem interested in ruling quickly on the issue.Here’s more, from the AP:
The Supreme Court seems to be in no hurry to address an issue that has irritated Republican and Democratic administrations alike: the ability of a single judge to block a nationwide policy.
Federal judges responding to a flurry of lawsuits have stopped or slowed one Trump administration action after another, from efforts to restrict birthright citizenship to freezes on domestic and international spending.
While several justices have expressed concern about the use of so-called nationwide, or universal, injunctions, the high court has sidestepped multiple requests to do something about them.
The latest plea comes in the form of an emergency appeal the Justice Department filed with the court last week, seeking to narrow orders issued by judges in Maryland, Massachusetts and Washington that prohibit the nationwide enforcement of an executive order signed by President Donald Trump to restrict birthright citizenship.
The justices usually order the other side in an emergency appeal to respond in a few days or a week. But in this case, they have set a deadline of April 4, without offering any explanation.
The Trump administration’s cancellation of an affordable repayment plan for student loans has prompted a lawsuit from the American Federal of Teachers, the Guardian’s Michael Sainato reports:A top teachers union has sued the US Department of Education after it stopped processing applications for affordable repayment plans of student loans last month and disabled the online application for the programs.The American Federation of Teachers, or AFT – one the country’s largest unions, representing 1.8 million workers – filed a lawsuit alleging the sweeping action violates federal law.The lawsuit, filed in federal court in Washington DC, seeks a court order to restore access to these programs.Another court order last month shut out borrowers of student loans from participating in four income-driven repayment (IDR) plans, which tie income to student loan payments, designed to keep payments affordable and avoid defaults on loans.“By effectively freezing the nation’s student loan system, the new administration seems intent on making life harder for working people, including for millions of borrowers who have taken on student debt so they can go to college,” said Randi Weingarten, president of the AFT. “The former president tried to fix the system for 45 million Americans, but the new president is breaking it again.”The Democratic Senate minority leader, Chuck Schumer, is standing by his vote to fund the government, even as the calls for him to step aside grow.“I believe so strongly I did the right thing for all the flack I’m getting,” Schumer said in an interview on Morning Joe.He said he understood Democrats’ desire to stand up to Trump, but warned that forcing a shutdown was not the way to do it. “Let’s stand up to him smart. Let’s not give him the keys to the kingdom.”One major activist group, Indivisible, has already called on Schumer to resign as leader and constituents are raising the issue at town halls. According to Axios, at least two House Democrats responded yes when asked at a town hall whether Senate Democrats need new leadership.Schumer this weekend cancelled several stops on a tour for his forthcoming book, citing security concerns after progressive groups announced plans to protest the New York Democrat’s decision to lend his vote to a Republican funding bill.Schumer has argued that he does not support the bill, but feared a government shutdown at the exact moment Donald Trump and Elon Musk are trying to downsize the federal workforce would have been a far worse outcome.“If we shut down the government and they started doing all these bad things, in a month, those folks would be saying, hey, save Medicaid, save our rural hospitals, save this, save that, and we’ll say we can’t, there’s a government shutdown. And then they would come to us and say, so why’d you let it happen?” Schumer argued on Morning Joe. “I prevented that from happening, and I think my caucus, no matter which way they voted, understands that.The House minority leader, Hakeem Jeffries, has declined to say publicly whether he continues to support Schumer. On Tuesday the former House speaker Nancy Pelosi offered a sharp critique of Schumer’s strategy: “I myself don’t give away anything for nothing. I think that’s what happened the other day,” she said, according to Politico. Unlike Jeffries, Pelosi said she still has confidence in Schumer’s leadership.Officials at the US Federal Reserve cut their US economic growth forecasts and raised their projections for price growth as they kept interest rates on hold.“Uncertainty around the economic outlook has increased,” the central bank said in a statement, as Donald Trump’s bid to overhaul the global economy with sweeping tariffs sparks concern over inflation and growth.Policymakers at the Fed expect inflation to increase by an average rate of 2.7% this year, according to projections released on Wednesday, up from a previous estimate of 2.5%.They expect US gross domestic product (GDP) – a broad measure of economic health – to rise by 1.7% this year, down from an estimate of 2.1% in December. Officials also revised down their projections for GDP growth in 2026 and 2027, to 1.8%.Uncertainty is “unusually elevated”, the Fed chair, Jerome Powell, cautioned, as the Trump administration attempts to engineer radical economic change. Some of the increase in the Fed’s inflation expectations was “clearly” due to tariffs, he said. More
