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Wednesday, April 23, 2025

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Marco Rubio unveils massive State Dept. overhaul with reductions of staff and bureaus; Visas revoked, status changed for international students in TX; Alaska lawmakers work to improve in-school mental health care; Montana DEQ denies Big Hole River decision, cites law opposed by EPA; Indiana moves to regulate legal THC sales and branding.

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White House defends Secretary Hegseth amid media scrutiny, federal judges block efforts to dismantle U.S. international broadcasters, and major restructuring hits the State Department and rural programs.

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Schools in timber country face an uncertain future without Congress' reauthorization of a rural program, DOGE cuts threaten plant species needed for U.S. food security, and farmers will soon see federal dollars for energy projects unlocked.

Jury finds Greenpeace liable in Dakota Access Pipeline case

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Thursday, March 20, 2025   

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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