Greenpeace is well known around the world as an activist environmental organization over the last more than fifty years. Internationally, it’s based in the Netherlands, but has huge branches in many countries. To say the organization is high-profile is almost an understatement. Its ships have tried to stop nuclear testing, been fired on by the
French, been in one mess after another with Japan and other whaling countries, and more. It’s resilience and activism has won it huge support from individual donors along with a very effective door-to-door canvass, which has allowed Greenpeace to maintain its independence, fueled by zany, media grabbing tactics.
Many may also remember the fight almost ten years ago over the Dakota Pipeline through lands impacting the Standing Rock Sioux Reservation in North Dakota. The campaign was a rallying cry for native tribes, environmental groups, and other organizations in trying to stop or reroute the line. Greenpeace was a bit player in that affair, but perhaps as one of the better known with relatively deeper pockets, was an easier target for the ire of the huge pipeline company, Energy Transfer, which sued them for $300 million on damages and delays. This was a classic SLAPP or Strategic Lawsuit Against Public Participation suit and has been moving through the state courts, which has now come to a decision, and it’s not good news. The jury has now awarded $660 million to the company to be paid by Greenpeace, which of course has nowhere near that kind of money. The organization is of course going to appeal on free speech grounds, as well as underlining its relatively minor role in the whole affair, so it’s not over, until it’s over.
At the same time, this is an existential crisis for the organization, at least the United States affiliate, but it is also yet another warning signal for freedom fighters on various issues in this country and abroad. SLAPP suits, if allowed to prevail, are threats to all organizations seeking to hold governments, corporations, politicians, and others to account, most of which could never hope to have the existing resources that Greenpeace USA had to defend itself. The notion that perhaps, when under such an attack, a group could be saved by pro bono efforts by some big-league law firm on free speech and assembly grounds are also fading. Trump has attacked a lot of them by threatening their contracts, and one of them, Paul, Weiss, just got his foot off of their neck by agreeing to give the administration tens of millions of free legal help for their craziness.
Given what’s going on in Trump II, this is not one of these things that is someone else’s problem, where other groups can look the other way and tut-tut about what they shoulda, coulda, woulda done better or differently. They will be coming after us all, and, if they win this fight against Greenpeace, many groups can kiss their work and futures goodbye, because the clock is ticking, unless everyone comes together.
