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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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California confirms first measles case for 2026 in San Mateo County as vaccination debates continue

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California confirms first measles case for 2026 in San Mateo County as vaccination debates continue

Barely more than a week into the new year, the California Department of Public Health confirmed its first measles case of 2026.

The diagnosis came from San Mateo County, where an unvaccinated adult likely contracted the virus from recent international travel, according to Preston Merchant, a San Mateo County Health spokesperson.

Measles is one of the most infectious viruses in the world, and can remain in the air for two hours after an infected person leaves, according to the CDPH. Although the U.S. announced it had eliminated measles in 2000, meaning there had been no reported infections of the disease in 12 months, measles have since returned.

Last year, the U.S. reported about 2,000 cases, the highest reported count since 1992, according to CDC data.

“Right now, our best strategy to avoid spread is contact tracing, so reaching out to everybody that came in contact with this person,” Merchant said. “So far, they have no reported symptoms. We’re assuming that this is the first [California] measles case of the year.”

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San Mateo County also reported an unvaccinated child’s death from influenza this week.

Across the country, measles outbreaks are spreading. Today, the South Carolina State Department of Public Health confirmed the state’s outbreak had reached 310 cases. The number has been steadily rising since an initial infection in July spread across the state and is now reported to be connected with infections in North Carolina and Washington.

Similarly to San Mateo’s case, the first reported infection in South Carolina came from an unvaccinated person who was exposed to measles while traveling internationally.

At the border of Utah and Arizona, a separate measles outbreak has reached 390 cases, stemming from schools and pediatric centers, according to the Utah Department of Health and Human Services.

Canada, another long-standing “measles-free” nation, lost ground in its battle with measles in November. The Public Health Agency of Canada announced that the nation is battling a “large, multi-jurisdictional” measles outbreak that began in October 2024.

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If American measles cases follow last year’s pattern, the United States is facing losing its measles elimination status next.

For a country to lose measles-free status, reported outbreaks must be of the same locally spread strain, as was the case in Canada. As many cases in the United States were initially connected to international travel, the U.S. has been able to hold on to the status. However, as outbreaks with American-origin cases continue, this pattern could lead the Pan American Health Organization to change the country’s status.

In the first year of the Trump administration, officials led by Health Secretary Robert F. Kennedy Jr. have promoted lowering vaccine mandates and reducing funding for health research.

In December, Trump’s presidential memorandum led to this week’s reduced recommended childhood vaccines; in June, Kennedy fired an entire CDC vaccine advisory committee, replacing members with multiple vaccine skeptics.

Experts are concerned that recent debates over vaccine mandates in the White House will shake the public’s confidence in the effectiveness of vaccines.

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“Viruses and bacteria that were under control are being set free on our most vulnerable,” Dr. James Alwine, a virologist and member of the nonprofit advocacy group Defend Public Health, said to The Times.

According to the CDPH, the measles vaccine provides 97% protection against measles in two doses.

Common symptoms of measles include cough, runny nose, pink eye and rash. The virus is spread through breathing, coughing or talking, according to the CDPH.

Measles often leads to hospitalization and, for some, can be fatal.

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Trump administration declares ‘war on sugar’ in overhaul of food guidelines

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Trump administration declares ‘war on sugar’ in overhaul of food guidelines

The Trump administration announced a major overhaul of American nutrition guidelines Wednesday, replacing the old, carbohydrate-heavy food pyramid with one that prioritizes protein, healthy fats and whole grains.

“Our government declares war on added sugar,” Health and Human Services Secretary Robert F. Kennedy Jr. said in a White House press conference announcing the changes. “We are ending the war on saturated fats.”

“If a foreign adversary sought to destroy the health of our children, to cripple our economy, to weaken our national security, there would be no better strategy than to addict us to ultra-processed foods,” Kennedy said.

Improving U.S. eating habits and the availability of nutritious foods is an issue with broad bipartisan support, and has been a long-standing goal of Kennedy’s Make America Healthy Again movement.

During the press conference, he acknowledged both the American Medical Association and the American Assn. of Pediatrics for partnering on the new guidelines — two organizations that earlier this week condemned the administration’s decision to slash the number of diseases that U.S. children are vaccinated against.

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“The American Medical Association applauds the administration’s new Dietary Guidelines for spotlighting the highly processed foods, sugar-sweetened beverages, and excess sodium that fuel heart disease, diabetes, obesity, and other chronic illnesses,” AMA president Bobby Mukkamala said in a statement.

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Contributor: With high deductibles, even the insured are functionally uninsured

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Contributor: With high deductibles, even the insured are functionally uninsured

I recently saw a patient complaining of shortness of breath and a persistent cough. Worried he was developing pneumonia, I ordered a chest X-ray — a standard diagnostic tool. He refused. He hadn’t met his $3,000 deductible yet, and so his insurance would have required him to pay much or all of the cost for that scan. He assured me he would call if he got worse.

For him, the X-ray wasn’t a medical necessity, but it would have been a financial shock he couldn’t absorb. He chose to gamble on a cough, and five days later, he lost — ending up in the ICU with bilateral pneumonia. He survived, but the cost of his “savings” was a nearly fatal hospital stay and a bill that will quite likely bankrupt him. He is lucky he won’t be one of the 55,000 Americans to die from pneumonia each year.

As a physician associate in primary care, I serve as a frontline witness to this failure of the American approach to insurance. Medical professionals are taught that the barrier to health is biology: bacteria, viruses, genetics. But increasingly, the barrier is a policy framework that pressures insured Americans to gamble with their lives. High-deductible health plans seem affordable because their monthly premiums are lower than other plans’, but they create perverse incentives by discouraging patients from seeking and accepting diagnostics and treatments — sometimes turning minor, treatable issues into expensive, life-threatening emergencies. My patient’s gamble with his lungs is a microcosm of the much larger gamble we are taking with the American public.

The economic theory underpinning these high deductibles is known as “skin in the game.” The idea is that if patients are responsible for the first few thousand dollars of their care, they will become savvy consumers, shopping around for the best value and driving down healthcare costs.

But this logic collapses in the exam room. Healthcare is not a consumer good like a television or a used car. My patient was not in a position to “shop around” for a cheaper X-ray, nor was he qualified to determine if his cough was benign or deadly. The “skin in the game” theory assumes a level of medical literacy and market transparency that simply doesn’t exist in a moment of crisis. You can compare the specs of two SUVs; you cannot “shop around” for a life-saving diagnostic while gasping for air.

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A 2025 poll from the Kaiser Family Foundation points to this reality, finding that up to 38% of insured American adults say they skipped or postponed necessary healthcare or medications in the past 12 months because of cost. In the same poll, 42% of those who skipped care admitted their health problem worsened as a result.

This self-inflicted public health crisis is set to deteriorate further. The Congressional Budget Office estimates roughly 15 million people will lose health coverage and become uninsured by 2034 because of Medicaid and Affordable Care Act marketplace cuts. That is without mentioning the millions more who will see their monthly premiums more than double if premium tax credits are allowed to expire. If that happens, not only will millions become uninsured but also millions more will downgrade to “bronze” plans with huge deductibles just to keep their premiums affordable. We are about to flood the system with “insured but functionally uninsured” patients.

I see the human cost of this “functional uninsurance” every week. These are patients who technically have coverage but are terrified to use it because their deductibles are so large they may exceed the individuals’ available cash or credit — or even their net worth. This creates a dangerous paradox: Americans are paying hundreds of dollars a month for a card in their wallet they cannot afford to use. They skip the annual physical, ignore the suspicious mole and ration their insulin — all while technically insured. By the time they arrive at my clinic, their disease has often progressed to a catastrophic event, from what could have been a cheap fix.

Federal spending on healthcare should not be considered charity; it is an investment in our collective future. We cannot expect our children to reach their full potential or our workforce to remain productive if basic healthcare needs are treated as a luxury. Inaction by Congress and the current administration to solve this crisis is legislative malpractice.

In medicine, we are trained to treat the underlying disease, not just the symptoms. The skipped visits and ignored prescriptions are merely symptoms; the disease is a policy framework that views healthcare as a commodity rather than a fundamental necessity. If we allow these cuts to proceed, we are ensuring that the American workforce becomes sicker, our hospitals more overwhelmed and our economy less resilient. We are walking willingly into a public health crisis that is entirely preventable.

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Joseph Pollino is a primary care physician associate in Nevada.

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Ideas expressed in the piece

  • High-deductible health plans create a barrier to necessary medical care, with patients avoiding diagnostics and treatments due to out-of-pocket cost concerns[1]. Research shows that 38% of insured American adults skipped or postponed necessary healthcare or medications in the past 12 months because of cost, with 42% reporting their health worsened as a result[1].

  • The economic theory of “skin in the game”—which assumes patients will shop around for better healthcare values if they have financial responsibility—fails in medical practice because patients lack the medical literacy to make informed decisions in moments of crisis and cannot realistically compare pricing for emergency or diagnostic services[1].

  • Rising deductibles are pushing enrollees toward bronze plans with deductibles averaging $7,476 in 2026, up from the average silver plan deductible of $5,304[1][4]. In California’s Covered California program, bronze plan enrollment has surged to more than one-third of new enrollees in 2026, compared to typically one in five[1].

  • Expiring federal premium tax credits will more than double out-of-pocket premiums for ACA marketplace enrollees in 2026, creating an expected 75% increase in average out-of-pocket premium payments[5]. This will force millions to either drop coverage or downgrade to bronze plans with massive deductibles, creating a population of “insured but functionally uninsured” people[1].

  • High-deductible plans pose particular dangers for patients with chronic conditions, with studies showing adults with diabetes involuntarily switched to high-deductible plans face 11% higher risk of hospitalization for heart attacks, 15% higher risk for strokes, and more than double the likelihood of blindness or end-stage kidney disease[4].

Different views on the topic

  • Expanding access to health savings accounts paired with bronze and catastrophic plans offers tax advantages that allow higher-income individuals to set aside tax-deductible contributions for qualified medical expenses, potentially offsetting higher out-of-pocket costs through strategic planning[3].

  • Employers and insurers emphasize that offering multiple plan options with varying deductibles and premiums enables employees to select plans matching their individual needs and healthcare usage patterns, allowing those who rarely use healthcare to save money through lower premiums[2]. Large employers increasingly offer three or more medical plan choices, with the expectation that employees choosing the right plan can unlock savings[2].

  • The expansion of catastrophic plans with streamlined enrollment processes and automatic display on HealthCare.gov is intended to make affordable coverage more accessible for certain income groups, particularly those above 400% of federal poverty level who lose subsidies[3].

  • Rising healthcare costs, including specialty drugs and new high-cost cell and gene therapies, are significant drivers requiring premium increases regardless of plan design[5]. Some insurers are managing affordability by discontinuing costly coverage—such as GLP-1 weight-loss medications—to reduce premium rate increases for broader plan members[5].

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