Greenpeace has been ordered to pay several hundred million dollars stemming from the Dakota Access Pipeline protests and some are saying the verdict leaves a chilling effect on free-speech matters.
Nearly a decade ago, protests in North Dakota captured worldwide attention as the oil pipeline project advanced, with Indigenous rights serving as a focal point. The events still reverberate today, including a civil trial where an affiliated energy company sued Greenpeace, accusing it of defamation and orchestrating illegal acts within the protests. The global nonprofit argued it had a limited presence.
James Wheaton, founder and senior counsel for the First Amendment Project, a public interest law firm, worries about the verdict's precedent.
"The problem is going to be that anybody who helps to organize a peaceful, lawful protest could face ruinous litigation," Wheaton pointed out.
He suggested activists might worry about being dragged into court versus expressing their First Amendment rights. Greenpeace said it will appeal and has warned a large civil penalty could force it to cease operating in the U.S.
The company behind the case, Energy Transfer, said the outcome is a win for Americans who "understand the difference between the right to free speech and breaking the law."
A broader aspect of the case is what's known as a SLAPP lawsuit, with experts noting these are sometimes brought by corporations against people or nonprofits speaking out on various issues. Even if the plaintiff does not win, the defendant is saddled with mounting legal costs.
Wheaton helped start the movement to usher in anti-SLAPP laws around the country. He explained how they work.
"The court can freeze the case in its tracks at the very beginning and test whether it has enough merit to be allowed to go forward or should be dismissed immediately," Wheaton outlined.
Dozens of states have such laws on the books, but North Dakota is not among them. Critics of anti-SLAPP laws said they make it too easy for a court to quickly dismiss a case. But Wheaton feels they do not prevent plaintiffs from having their day in court, and he would like to see more states adopt them.
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A local event that brings students face-to-face with outdoor habitats is serving to ignite a lifelong passion in some that go on to pursue "green jobs." The Wisconsin Envirothon is an environmental science competition for middle and high school students hosted by the Wisconsin Land and Water Conservation Association. The one-day event immerses participants in hands-on activities in wildlife, aquatic ecology, forestry, soils/land-use and a current environmental issue.
Gregor Willms, a past participant, said the event helped to change his mind about a topic he never would have imagined embracing.
"The first time I competed in the soils part, I absolutely despised soils and I didn't know anything about it, and I was so frustrated. So it is a little bit ironic that I would go on to graduate with a soil-science degree and now have a really deep appreciation for soil science," he explained.
Willms is a land-use and sanitation specialist for Dodge County, and added that Envirothon was a catalyst for him pursuing a career in environmental science and he's now a volunteer for the event.
Environmental specialists from across the state volunteer their time to advise and judge the competition. The winning high school team goes on to compete at the National Conservation Foundation Envirothon, the largest high school educational environmental program in North America. Kim Warkentin is the youth education director for the association and says the event helps students to understand the importance of taking care of their natural resources.
"They are the future. And so providing this opportunity for them to really gain a true understanding of our ecosystem across the state gives them a real opportunity to learn it and live it and experience it," she concluded.
Katie Schlicht, a science teacher at Cedarburg High School and an advisor for the competition, said her team competed in the state event for the first time last year and won. In many ways, she was learning alongside her students.
"I know one of my students last year graduated and she's in a college program now and is really saying, 'You know, this is stuff that I learned at Envirothon.' So, I feel like having this program has been crucial to having that leg up when they get to a secondary college or secondary program," she explained.
Twenty-four teams will compete in this year's state competition which takes place on April 11th at Lions Camp in Rosholt.
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A new report highlighted efforts to restore Pennsylvania's wildlife habitats and called for stronger conservation to protect native species.
With Pennsylvania ranking among the top five states for animal-vehicle collisions, more than more than 1 million animals are killed on roads annually.
Stephanie Wein, clean water and conservation advocate at the PennEnvironment Research and Policy Center, said the report provided recommendations to enhance wildlife corridor projects and protect the state's diverse species, from bobcats and black bears to migrating songbirds. She added an infrastructure project along a Pennsylvania Interstate is keeping both wildlife and drivers safe.
"One example is in State College, Pennsylvania," Wein pointed out. "I-99 has a bunch of underpasses that allow black bear and deer and bobcat, geese and blue heron to get under that highway that was crossing through some of the biggest stretches of Pennsylvania wilderness."
Wein noted there is bipartisan support for wildlife corridors in Pennsylvania. House Resolution 87 passed with strong backing from both parties. At a Wednesday news conference, lawmakers will share goals of protecting wildlife, preserving nature and improving driver safety.
Wein emphasized wildlife corridor projects can be as simple as adding fencing along roads. She underscored a case study in the report about fencing on U.S. Route 522 near Mount Union, where the road was built over vital nesting grounds, helps female map turtles along the Juniata River to stay off the roadway.
"In that first season, over 50 nesting females of this threatened species were killed on that road," Wein reported. "Local conservationists working with PennDOT, they actually got a fence installed that stops them right at the road's edge."
The report recommended Pennsylvania agencies try to keep securing federal funds to address habitat fragmentation. The Infrastructure Investment and Jobs Act of 2021 created a $350 million Wildlife Crossings Program for safer roads. PennDOT secured a 2023 planning grant and should continue seeking funding to protect wildlife and drivers.
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Lawmakers in the West Virginia Senate have passed a bill to remove mandated inspections for chemical storage tanks in the oil, coal and gas industries.
The measure is now pending before the House Energy and Public Works Committee.
Morgan King, climate and energy program manager for the West Virginia Citizen Action Group, said lawmakers have repeatedly tried to gut protections over the past decade but this time, they appear close to succeeding. She added up to 1,000 tanks scattered across the state would be removed from inspections.
"That just puts us at risk for future water crises if another leak occurs and it's not caught," King contended.
West Virginia passed strict regulations aimed at preventing water tank leaks after a 2014 chemical spill. The spill dumped around 10,000 gallons of chemicals into the Elk River, which supplies drinking water to around 300,000 people in the Charleston area.
According to the West Virginia Environmental Council, 38% of all confirmed tank leaks reported to the West Virginia Department of Environmental protection are located in zones of critical concern. King believes the move signals lawmakers are willing to put the bottom line of industries and their profits above the health and safety of Mountain State residents.
"We're seeing that they're putting the interests of the executives over that of public interest," King outlined. "Around our health, around economic growth, around our ability to have clean air to breathe and clean water to drink."
In the weeks following the 2014 chemical spill, the West Virginia Poison Center received thousands of phone calls from people reporting rashes, nausea, vomiting, diarrhea and other symptoms, according to a state report, which also found an increase in emergency room visits.
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