Damages

<p>Law & Order meets the climate crisis as we dig into the stories behind the hundreds of climate cases around the globe.</p>

The Real Free Speech Threat: Meet the Shadowy Global Network Vilifying Climate Protestors

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

10-01
47:38

S3 Ep4 | Constiutional Violation

Melinda Janki has filed seven separate cases aimed at blocking oil drilling in Guyana, but only one of them explicitly names climate change as a problem the project is guaranteed to exacerbate. It’s a constitutional case that invokes Guyana’s constitutional right to a healthy environment—an amendment Janki herself helped to write. Plaintiffs Dr. Troy Thomas and Quedad DeFreitas argue that the government’s choice to fast-track permits and oil production threatens their right to a healthy environment, and the rights of future generations too. The government of Guyana argues that, ironically, it needs oil money to adapt to climate change. Learn more about your ad choices. Visit megaphone.fm/adchoices

04-04
41:13

New Research Shows the Clean Air Act Always Intended to Regulate Greenhouse Gas Emissions

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

08-15
33:24

The Real Free Speech Threat: In El Salvador a Cold Case Murder Has Become a Weapon for Silencing Environmental Activists

In 2017, El Salvador became the first country in the world to pass an outright ban on mining. It was an effort to protect the country's water, and its people. Now, self-proclaimed "coolest dictator in the world" Nayib Bukele wants to bring mining back to boost the economy, which took a major hit thanks to his embrace of Bitcoin as the national currency in 2021. The activists who helped pass the ban are standing in his way. The solution? Accuse them of a decades-old unsolved murder. The activists go on trial this week. Reporter Sebastian Escalon brings us this story, narrated by Yessenia Funes. Learn more about your ad choices. Visit megaphone.fm/adchoices

07-18
38:26

Could You Really Charge Oil Companies with Murder? Plus: Supreme Court Climate Update

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

07-09
38:43

The Coordinated Attack on Shareholder Activism

The backlash against ESG is continuing, with a string of lawsuits aimed at shutting down shareholder activism. We don't often talk about shareholder activism in the vein of protecting protest, but it's absolutely part of the story. Andrew Behar, CEO of shareholder advocacy group As You Sow, joins us to explain what's going on, and why anyone who cares about basic rights needs to be tuning into the ESG fight. Learn more about your ad choices. Visit megaphone.fm/adchoices

06-25
56:07

The New Carbon Majors Report + Swiss Elders Win Landmark Climate Case

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

04-13
46:10

The Real Free Speech Threat: In Nigeria's Ogoniland, Protestors Still Fighting to Hold Oil Accompanies Accountable

Shell announced in late 2023 that it would be shutting down all of its onshore activities in Nigeria and concentrating its efforts offshore. It leaves behind poisoned water, multiple political and economic crises, and a country that is measurably worse off today than when its oil industry began. Meanwhile the government continues to target environmental activists. Learn more about your ad choices. Visit megaphone.fm/adchoices

03-22
47:14

The Real Free Speech Threat: Department of Homeland Security, the Manufactured "EcoTerrorist" Panic, and Cop City

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

01-31
44:08

The Real Free Speech Threat: Meet the UN's First Special Rapporteur on Environmental Defenders

In June 2022, Michel Forst became the first UN Special Rapporteur on Environmental Defenders. In that role he has spent the past year visiting various countries and speaking out about the increasingly onerous laws and aggressive tactics being used against climate protestors. Today he released a statement on the UK, saying he is "extremely worried" about "the increasingly severe crackdowns on environmental defenders in the United Kingdom, including in relation to the exercise of the right to peaceful protest." In this episode, our France reporter Anna Pujol-Mazzini talks to Forst about his new position, what it means, and what power he has to do something about the creeping crackdown on climate protest. Learn more about your ad choices. Visit megaphone.fm/adchoices

01-31
01:13:21

The Real Free Speech Threat: How UK Courts Became the New Climate Protest Battleground

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

01-28
37:09

The Real Free Speech Threat: What Happened At Bayou Bridge? The Other End of the Dakota Access Pipeline

While protests against the Dakota Access Pipeline at the Standing Rock Sioux Indian Reservation garnered international news coverage, at the southern end of the pipeline, cops moonlighting as pipeline security were suppressing free speech with impunity. In this episode, reporter Karen Savage tells us what happened at Bayou Bridge, and what lessons the story holds for the climate movement and for anyone who believes in the importance of democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices

01-27
44:45

The Real Free Speech Threat: Seven Years Later, an Environmental Impact Statement for the Dakota Access Pipeline

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

01-27
40:54

The Real Free Speech Threat: The Fossil Fuel Industry Meets Indigenous Protest with "Redwashing" and Repression in Canada

As we resume our season focused on the global criminalization of climate protest, reporter Martha Troian brings us to Canada, where the Wet'suwet'en people have been fighting for years against a gas pipeline they never authorized on their territory. Learn more about your ad choices. Visit megaphone.fm/adchoices

01-27
46:34

The Real Free Speech Threat: On the Tomato Soup "Controversy"

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

01-27
35:28

The Real Free Speech Threat: In Brazil, A Tale as Old as Colonization—Why Indigenous Land Defenders Are Particularly Targeted by Extractive Industries

From Ecuador to North Dakota, British Columbia to New Zealand, the backlash against Indigenous-led environmental protest is always particularly harsh, infused with colonialist entitlement to land, water, and other resources. Historian Nick Estes walks us through what that looks like in the U.S., and the great team behind the documentary The Territory brings us a recent example from Brazil. Check out the film here. Learn more about your ad choices. Visit megaphone.fm/adchoices

01-27
32:39

The Real Free Speech Threat: Joanna Smith on "Conspiring Against the United States" with...Fingerpaint

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

01-27
54:07

The Real Free Speech Threat: Loss Is On the Calendar in Nigeria

We're bringing you this crossover episode from our sister podcast, Inherited, because there's a way in which the constant vilification of protestors and criminalization of their actions has effectively distracted a lot of people from the reason they're out in the streets or in museums or at sporting events in the first place: the climate crisis is already having a devastating impact on communities around the world, and it's only going to get worse. In this episode, Nigerian Mo Isu returns to his hometown of Lagos, meets an activist there, and heads with him to Lokoja – the town where Nigeria’s largest rivers converge – to explore how flood survivors endure the region’s relentless storm cycle. Learn more about your ad choices. Visit megaphone.fm/adchoices

10-01
31:05

The Real Free Speech Threat: In Vietnam, Tax-Evasion Charges Help Lock Up Climate Activists

President Biden made his first trip to Vietnam as President this week, with the intention of "upgrading" diplomatic relations between the U.S. and Vietnam. Not on the agenda? The country's move to use trumped-up tax evasion charges to suppress civil society groups, including five climate activists that have been imprisoned using this tactic since 2021. Read The 88 Project's report on this practice: https://the88project.org/weaponizing-the-law-to-prosecute-the-vietnam-four/ Learn more about your ad choices. Visit megaphone.fm/adchoices

10-01
26:46

The Real Free Speech Threat: In Australia, a State-by-State Approach to Criminalizing Protest

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

10-01
34:08

Rachel Hultz

I'm not sure if you guys realized this, but the oil barrel/gavel looks remarkably like a bright red penis when in thumbnail size

04-24 Reply

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