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A Quarter-Billion Dollars for Defamation: Inside Greenpeace’s Huge Loss

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A Quarter-Billion Dollars for Defamation: Inside Greenpeace’s Huge Loss

When the environmental group Greenpeace lost a nearly $670 million verdict this month over its role in oil pipeline protests, a quarter-billion dollars of the damages were awarded not for the actual demonstrations, but for defaming the pipeline’s owner.

The costly verdict has raised alarm among activist organizations as well as some First Amendment experts, who said the lawsuit and damage awards could deter free speech far beyond the environmental movement.

The verdict “will send a chill down the spine of any nonprofit who wants to get involved in any political protest,” said David D. Cole, a professor at Georgetown Law and former national legal director of the American Civil Liberties Union. “If you’re the Sierra Club, or the N.A.A.C.P., or the N.R.A., or an anti-abortion group, you’re going to be very worried.”

The lawsuit, filed by Energy Transfer in 2019, accused Greenpeace of masterminding an “unlawful and violent scheme” to harm the company’s finances, employees and infrastructure and to block the construction of the Dakota Access Pipeline. Greenpeace countered that it had promoted peaceful protest and had played only a minor role in the demonstrations, which were led by the Standing Rock Sioux Tribe over concerns about its ancestral land and water supply.

A key part of Energy Transfer’s case relied on defamation claims. For example, the jury found that Greenpeace defamed the company by saying it had “damaged at least 380 sacred and cultural sites” during pipeline work, the first of nine statements found defamatory.

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Greenpeace called Energy Transfer’s lawsuit an attempt to muzzle the company’s critics. “This case should alarm everyone, no matter their political inclinations,” said Sushma Raman, interim executive director of Greenpeace USA. “We should all be concerned about the future of the First Amendment.”

Greenpeace has said it will appeal to the Supreme Court in North Dakota, the state where the trial was held. Free-speech issues are widely expected to figure prominently in that filing.

But Greenpeace was not the only party invoking the First Amendment.

Upon leaving the courtroom, the lead lawyer for Energy Transfer, Trey Cox of Gibson, Dunn & Crutcher, called the verdict “a powerful affirmation” of the First Amendment. “Peaceful protest is an inherent American right,” he said. “However, violent and destructive protest is unlawful and unacceptable.”

Vicki Granado, a spokeswoman for Energy Transfer, described the verdict as “a win for all law-abiding Americans who understand the difference between the right to free speech and breaking the law.”

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The clashing comments shine a light on a central tension in the debate: Where do you draw the line between peaceful protest and unlawful activity?

“If people are engaged in non-expressive conduct, like vandalism, like impeding roadways such that cars and passers-by can’t use those roadways, the First Amendment is not going to protect that,” said JT Morris, a senior supervising attorney at the Foundation for Individual Rights and Expression, a nonprofit that defends free speech across the ideological spectrum. “But peaceful protest, criticism of companies on matters of public concern, those are all protected.”

The verdict landed in the midst of a larger debate over the limits of free speech. President Trump has accused news outlets of defaming him, and he has been found liable for defamation himself. His administration has targeted law firms he perceives as enemies, as well as international students deemed too critical of Israel or of U.S. foreign policy. Conservatives have accused social media platforms of suppressing free speech and have vowed to stop what they call online censorship.

“There’s nothing in this particular political climate that’s shocking anymore,” said Jack Weinberg, who in the 1960s was a prominent free-speech activist and later worked for Greenpeace. (He’s also known for the phrase “Don’t trust anyone over 30,” although that’s not exactly how he said it.) “But it’s wrong,” he said of the verdict, “and it will have profound consequences.”

There has long been a high bar for defamation lawsuits in the United States.

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The First Amendment protects free speech and the right to protest, and a landmark 1964 Supreme Court decision, New York Times v. Sullivan, strengthened those protections. To prevail in a defamation suit, a public figure must prove that the statement was false and was made with “actual malice,” meaning knowledge that the statement was false, or reckless disregard for its veracity.

Carl W. Tobias, a professor at the University of Richmond School of Law, said that ruling intentionally raised the bar to win a defamation suit. “It’s extreme,” he said. “It’s meant to be.”

Eugene Volokh, a senior fellow at the Hoover Institute at Stanford University, pointed to the history of that famous case. It concerned a 1960 ad in The Times that described police actions against civil rights demonstrators in Alabama as “an unprecedented wave of terror.”

A police official sued the paper and won. But the Supreme Court overturned the verdict. The court ruled that protecting such speech was necessary, even if it contained errors, in order to ensure robust public debate.

In a Greenpeace appeal, Mr. Volokh said, the evidence demonstrating whether Greenpeace’s statements were true or false would be crucial in evaluating the verdict, as would the question of whether Greenpeace’s statements were constitutionally protected expressions of opinion.

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Other issues that loom: What was permitted to be entered into evidence in the first place, and whether the instructions to the jury were sufficient. Then, he said, if the statements are found to be clearly false, is there enough evidence to show that Greenpeace engaged in “reckless falsehood, acts of so-called actual malice?”

Any award for defamation chills free speech, Mr. Volokh added, whether against Greenpeace or against the Infowars host Alex Jones, who was found liable for more than $1 billion over his false statements about the murder of children at the Sandy Hook school shooting.

In the Greenpeace case, the nine statements found by the jury to be defamatory referred to Energy Transfer and its subsidiary Dakota Access. One statement said that Dakota Access personnel had “deliberately desecrated burial grounds.” Another said that protesters had been met with “extreme violence, such as the use of water cannons, pepper spray, concussion grenades, Tasers, LRADs (Long Range Acoustic Devices) and dogs, from local and national law enforcement, and Energy Transfer partners and their private security.”

Other statements were more general: “For months, the Standing Rock Sioux have been resisting the construction of a pipeline through their tribal land and waters that would carry oil from North Dakota’s fracking fields to Illinois.”

The protests unfolded over months, from mid-2016 to early 2017, attracting tens of thousands of people from around the world, and were widely documented by news crews and on social media.

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Janet Alkire, chairwoman of the Standing Rock Sioux Tribe, argued that Greenpeace’s statements were true and not defamatory. “Energy Transfer’s false and self-serving narrative that Greenpeace manipulated Standing Rock into protesting DAPL is patronizing and disrespectful to our people,” she said in a statement, using an abbreviation for the Dakota Access Pipeline.

She said that “scenes of guard dogs menacing tribal members” were publicly available “on the news and on the internet.”

Videos of the incidents in question weren’t shown at the trial. Everett Jack Jr. of the firm Davis, Wright Tremaine, the main lawyer for Greenpeace, declined to discuss why.

The 1,172-mile pipeline, priced at $3.7 billion when announced, has been operating since 2017. It carries crude oil from North Dakota to Illinois.

During the trial, some arguments hinged on whether the pipeline crossed Standing Rock’s land, or how to define tribal land. The pipeline is just outside the borders of the reservation but crosses what the tribe calls unceded land that it had never agreed to give up.

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There was also debate about whether tribal burial grounds were harmed during construction. Experts working for the tribe found that was the case, but experts brought in by Energy Transfer did not.

Even if a statement was false, Mr. Cole said, a defendant cannot be held liable if they had a basis for believing it. He also predicted that the penalty would likely be reduced on appeal if not overturned.

Martin Garbus, a veteran First Amendment lawyer, led a delegation of lawyers to North Dakota to observe the trial, who have said that the jury was biased against the defendants and that the trial should have been moved to another county. He expressed concern that an appeal to the U.S. Supreme Court could be used to overturn Times v. Sullivan. He noted that Justice Clarence Thomas has called for the Supreme Court to reconsider that case.

But Mr. Cole, Mr. Tobias and other experts said they did not expect the court to reconsider Times v. Sullivan.

Greenpeace has said previously that the size of the damages could force the organization to shut down its U.S. operations.

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The lawsuit named three Greenpeace entities, but it centered on the actions of Greenpeace Inc., based in Washington, which organizes campaigns and protests in the United States and was found liable for more than $400 million.

A second organization, Greenpeace Fund, a fund-raising arm, was found liable for about $130 million. A third group, Greenpeace International, based in Amsterdam, was found liable for the same amount. That group said its only involvement was signing a letter, along with several hundred other signatories, calling on banks to halt loans for the pipeline.

Earlier this year, Greenpeace International filed a countersuit in the Netherlands against Energy Transfer. That lawsuit was brought under a European Union directive designed to fight what are known as SLAPP suits, or strategic lawsuits against public participation — legal actions designed to stifle critics. (State law in North Dakota, where Energy Transfer brought its case against Greenpeace, doesn’t have anti-SLAPP provisions.)

The next hearing in the Netherlands case is in July.

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Contributor: Factory farming of fish is brewing pathogens

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Contributor: Factory farming of fish is brewing pathogens

The federal government recently released new dietary guidelines aimed at “ending the war on protein” and steering Americans toward “real foods” — those with few ingredients and no additives. Seafood plays a starring role. But the fish that health advocates envision appearing on our plates probably won’t be caught in the crystal blue waters we’d like to imagine.

Over the past few decades, the seafood industry has completely revolutionized how it feeds the world. As many wild fish populations have plummeted, hunted to oblivion by commercial fleets, fish farming has become all the rage, and captive-breeding facilities have continually expanded to satiate humanity’s ravenous appetite. Today, the aquaculture sector is a $300-billion juggernaut, accounting for nearly 60% of aquatic animal products used for direct human consumption.

Proponents of aquaculture argue that it helps feed a growing human population, reduces pressure on wild fish populations, lowers costs for consumers and creates new jobs on land. Much of that may be correct. But there is a hidden crisis brewing beneath the surface: Many aquaculture facilities are breeding grounds for pathogens. They’re also a blind spot for public health authorities.

On dry land, factory farming of cows, pigs and chickens is widely reviled, and for good reason: The unsanitary and inhumane conditions inside these facilities contribute to outbreaks of disease, including some that can leap from animals to humans. In many countries, aquaculture facilities aren’t all that different. Most are situated in marine and coastal areas, where fish can be exposed to a sinister brew of human sewage, industrial waste and agricultural runoff. Fish are kept in close quarters — imagine hundreds of adult salmon stuffed into a backyard swimming pool — and inbreeding compromises immune strength. Thus, when one fish invariably falls ill, pathogens spread far and wide throughout the brood — and potentially to people.

Right now, there are only a handful of known pathogens — mostly bacteria, rather than viruses — that can jump from aquatic species to humans. Every year, these pathogens contribute to the 260,000 illnesses in the United States from contaminated fish; fortunately, these fish-borne illnesses aren’t particularly transmissible between people. It’s far more likely that the next pandemic will come from a bat or chicken than a rainbow trout. But that doesn’t put me at ease. The ocean is a vast, poorly understood and largely unmonitored reservoir of microbial species, most of which remain unknown to science. In the last 15 years, infectious diseases — including ones that we’ve known about for decades such as Ebola and Zika — have routinely caught humanity by surprise. We shouldn’t write off the risks of marine microbes too quickly.

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My most immediate concern, the one that really makes me sweat, is the emergence of drug-resistant bacteria among farmed fish. Aquaculturists are well aware that their fish often live in a festering cesspool, and so many growers will mix antibiotics — including ones that the World Health Organization considers medically important for people — into fish feed, or dump them straight into water, to avoid the consequences of crowded conditions and prevent rampant illness. It would be more appropriate to use antibiotics in animals only when they are sick.

Because of this overuse for prevention purposes, more antibiotics are used in seafood raised by aquaculture than are used in humans or for other farmed animals per kilogram. Many of these molecules will end up settling in the water or nearby sediment, where they can linger for weeks. In turn, the 1 million individual bacteria found in every drop of seawater will be put to the evolutionary test, and the most antibiotic-resistant will endure.

Numerous researchers have found that drug-resistant strains of bacteria are alarmingly common in the water surrounding aquaculture facilities. In one study, evidence of antibiotic resistance was found in over 80% of species of bacteria isolated from shrimp sold in multiple countries by multiple brands.

Many drug-resistant strains in aquatic animals won’t be capable of infecting humans, but their genes still pose a threat through a process known as horizontal transfer. Bacteria are genetic hoarders. They collect DNA from their environment and store it away in their own genome. Sometimes, they’ll participate in swap meets, trading genes with other bacteria to expand their collections. Beginning in 1991, for example, a wave of cholera infected nearly a million people across Latin America, exacerbated by a strain that may have picked up drug-resistant adaptations while circulating through shrimp farms in Ecuador.

Today, drug-resistant bacteria kill over a million people every year, more than HIV/AIDS. I’ve seen this with my own eyes as a practicing tuberculosis doctor. I am deeply fearful of a future in which the global supply of fish — a major protein source for billions of people — also becomes a source of untreatable salmonella, campylobacter and vibrio. We need safer seafood, and the solutions are already at our fingertips.

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Governments need to lead by cracking down on indiscriminate antibiotic use. It is estimated that 70% of all antibiotics used globally are given to farm animals, and usage could increase by nearly 30% over the next 15 years. Regulation to promote prudent use of antibiotics in animals, however, has proven effective in Europe, and sales of veterinary antibiotics decreased by more than 50% across 25 European countries from 2011 to 2022. In the United States, the use of medically important antibiotics in food animals — including aquatic ones — is already tightly regulated. Most seafood eaten in the U.S., however, is imported and therefore beyond the reach of these rules. Indeed, antibiotic-resistance genes have already been identified in seafood imported into the United States. Addressing this threat should be an area of shared interest between traditional public health voices and the “Make America Healthy Again” movement, which has expressed serious concerns about the health effects of toxins.

Public health institutions also need to build stronger surveillance infrastructure — for both disease and antibiotic use — in potential hotspots. Surveillance is the backbone of public health, because good decision-making is impossible without good data. Unfortunately, many countries — including resource-rich countries — don’t robustly track outbreaks of antibiotic-resistant pathogens in farmed animals, nor do they share data on antibiotic use in farmed animals. By developing early warning systems for detecting antibiotic resistance in aquatic environments, rapid response efforts involving ecologists, veterinarians and epidemiologists can be mobilized as threats arise to avert public health disasters.

Meanwhile, the aquaculture industry should continue to innovate. Genetic technologies and new vaccines can help prevent rampant infections, while also improving growth efficiency that could allow for more humane conditions.

For consumers, the best way to stay healthy is simple: Seek out antibiotic-free seafood at the supermarket, and cook your fish (sorry, sushi lovers).

There’s no doubt that aquaculture is critical for feeding a hungry planet. But it must be done responsibly.

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Neil M. Vora is a practicing physician and the executive director of the Preventing Pandemics at the Source Coalition.

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A SoCal beetle that poses as an ant may have answered a key question about evolution

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A SoCal beetle that poses as an ant may have answered a key question about evolution

The showrunner of the Angeles National Forest isn’t a 500-pound black bear or a stealthy mountain lion.

It’s a small ant.

The velvety tree ant forms a millions-strong “social insect carpet that spans the mountains,” said Joseph Parker, a biology professor and director of the Center for Evolutionary Science at Caltech. Its massive colonies influence how fast plants grow and the size of other species’ populations. That much, scientists have known.

Now Parker, whose lab has spent 8 years studying the red-and-black ants, believes they’ve uncovered something that helps answer a key question about evolution.

In a paper published in the journal “Cell,” they break down the remarkable ability of one species of rove beetle to live among the typically combative ants.

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The beetle, Sceptobius lativentris, even smaller than the ant, turns off its own pheromones to go stealth. Then the beetle seeks out an ant — climbing on top of it, clasping its antennae in its jaws and scooping up its pheromones with brush-like legs. It smears the ants’ pheromones, or cuticular hydrocarbons, on itself as a sort of mask.

Ants recognize their nest-mates by these chemicals. So when one comes up to a beetle wearing its own chemical suit, so to speak, it accepts it. Ants even feed the beetles mouth-to-mouth, and the beetles munch on their adopted colony’s eggs and larvae.

However, there’s a hitch. The cuticular hydrocarbons have another function: they form a waxy barrier that prevents the beetle from drying out. Once the beetle turns its own pheromones off, it can’t turn them back on. That means if it’s separated from the ants it parasitizes, it’s a goner. It needs them to keep from desiccating.

“So the kind of behavior and cell biology that’s required to integrate the beetle into the nest is the very thing that stops it ever leaving the colony,” Parker said, describing it as a “Catch-22.”

The finding has implications outside the insect kingdom. It provides a basis for “entrenchment,” Parker said. In other words, once an intimate symbiotic relationship forms — in which at least one organism depends on another for survival — it’s locked in. There’s no going back.

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Scientists knew that Sceptobius beetles lived among velvety tree ants, but they weren’t sure exactly how they were able to pull it off.

(Parker Lab, Caltech)

Parker, speaking from his office, which is decorated in white decals of rove beetles — which his lab exclusively focuses on — said it pays to explore “obscure branches of the tree of life.”

Sceptobius has been living in the forest for millions of years, and humans have been inhabiting this part of the world for thousands of years, and it just took a 20-minute car ride into the forest to find this incredible evolutionary story that tells you so much about life on Earth,” he said. “And there must be many, many more stories just in the forest up the road.”

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John McCutcheon, a biology professor at Arizona State University, studies the symbiotic relationships between insects and the invisible bacteria that live inside their cells. So to him, the main characters in the recent paper are quite large.

McCutcheon, who was not involved with the study, called it “cool and interesting.”

“It suggests a model, which I think is certainly happening in other systems,” he said. “But I think the power of it is that it involves players, or organisms, you can see,” which makes it less abstract and easier to grasp.

Now, he said, people who study even smaller things can test the proposed model.

Noah Whiteman, a professor of molecular and cell biology at UC Berkeley, hailed the paper for demystifying a symbiotic relationship that has captivated scientists. People knew Sceptobius was able to masquerade as an ant, but they didn’t know how it pulled it off.

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“They take this system that’s been kind of a natural history curiosity for a long time, and they push it forward to try to understand how it evolved using the most up-to-date molecular tools,” he said, calling the project “beautiful and elegant.”

As for the broader claim — that highly dependent relationships become dead ends, evolutionarily speaking, “I would say that it’s still an open question.”

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Video: Why Mountain Lions in California Are Threatened

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Video: Why Mountain Lions in California Are Threatened

new video loaded: Why Mountain Lions in California Are Threatened

Six subpopulations of mountain lions in California face mounting threats, including habitat fragmentation from highways, urban sprawl, and wildfires, as well as widespread rodenticide poisoning. Loren Elliott, a photojournalist for The New York Times, shows how he documents these elusive animals.

By Loren Elliott, Gabriel Blanco and Rebecca Suner

February 9, 2026

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