Apr 1, 2025 | Climate emergency

SLAPP in the face of climate progress

by Anne MacLennan

Global heating continues to worsen, even accelerate. Why is this when we know the causes, the unwanted consequences – and the solutions?

One obstacle to progress is the increasing use of Strategic Lawsuits against Public Participation or SLAPPs, where the rich and powerful can exert huge pressure through the legal system to silence activists, academics, journalists or whistleblowers. Financial pressure in particular, but reputation, career and wellbeing may also be destroyed in the process. Climate, environmental and social justice activists have become common targets whether individuals or organisations.

Recently Greenpeace was landed with a $660 million penalty and not for its own action, but for responding to the request of the Standing Rock tribe to support their opposition to the Dakota Access Pipeline. Other Sioux tribes, environmental organisations and many thousands of individuals from across the world joined these protests against the petrochemical company, Energy Transfer Partners, in 2016/7.  Greenpeace was accused of a misinformation campaign inciting thousands of protestors to join in.

Many are concerned that the future of activism is threatened, that fear of intolerable consequences will stop people speaking up in the public interest.  An environmental lawyer observing the court case shared his alarm in the video below, just before the verdict was announced. And he should know, having been sued by Chevron for $60bn after successfully representing thousands of farmers and indigenous people harmed by Chevron’s oil drilling in Ecuador. He ended up barred from practising law, spent 45 days in prison and nearly 3 years under house arrest, before the UN Human Rights Commissioner intervened.

Then there’s Greenland. An Australian / Chinese mining company, desperate to get at the rare earths and uranium in  Kvanefjeld, has sued the Greenland and Danish Governments for a sum well over Greenland’s GDP because a new Government reinstated a ban on mining to protect the local community and environment. As the legal tussle drags on, Energy Transition Minerals is now champing at the bit as they wait to hear if the latest Government will let them in (ahead of Trump?).

Maybe not in the same category, but spare a thought for people like Gaie Delap who get involved with climate activism out of frustration because they see the progression of climate impacts, but can’t see Governments or oil companies changing from business as usual.

Incidentally, the Scottish Government is currently consulting on SLAPP so you can have your say without fear of legal repercussion.

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