Science
Greenpeace Is Ordered to Pay Energy Transfer, a Pipeline Company, $660 Million
A North Dakota jury on Wednesday awarded damages totaling more than $660 million to the Texas-based pipeline company Energy Transfer, which had sued Greenpeace over its role in protests nearly a decade ago against the Dakota Access Pipeline.
The verdict was a major blow to the environmental organization. Greenpeace had said that Energy Transfer’s claimed damages, in the range of $300 million, would be enough to put the group out of business in the United States. The jury on Wednesday awarded far more than that.
Greenpeace said it would appeal. The group has maintained that it played only a minor part in demonstrations led by the Standing Rock Sioux Tribe. It has portrayed the lawsuit as an attempt to stifle oil-industry critics.
The nine-person jury in the Morton County courthouse in Mandan, N.D., about 45 minutes north of where the protests took place, returned the verdict after roughly two days of deliberations.
It took about a half-hour simply to read out the long list of questions posed to the jurors, such as whether they found that Greenpeace had committed trespass, defamation and conspiracy, among other violations, and how much money they would award for each offense.
Afterward, outside the courthouse in Mandan, both sides invoked the right to free speech, but in very different ways.
“We should all be concerned about the attacks on our First Amendment, and lawsuits like this that really threaten our rights to peaceful protest and free speech,” said Deepa Padmanabha, a senior legal adviser for Greenpeace USA.
Just moments before, Trey Cox of the firm Gibson Dunn & Crutcher, the lead lawyer for Energy Transfer, had 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.”
Earlier in the week, during closing arguments on Monday, Energy Transfer’s co-founder and board chairman, Kelcy Warren, an ally and donor to President Trump, had the last word for the plaintiffs when his lawyers played a recording of comments he made in a video deposition for the jurors. “We’ve got to stand up for ourselves,” Mr. Warren said, arguing that protesters had created “a total false narrative” about his company. “It was time to fight back.”
Energy Transfer is one of the largest pipeline companies in the country. The protests over its construction of the Dakota Access Pipeline drew national attention and thousands of people to monthslong encampments in 2016 and 2017.
The demonstrators gathered on and around the Standing Rock Sioux Reservation, arguing that the pipeline cut through sacred land and could endanger the local water supply. The Standing Rock Sioux Tribe sued to stop the project, and members of other tribes, environmentalists and celebrities were among the many who flocked to the rural area, including two figures who are now members of Mr. Trump’s cabinet: Robert F. Kennedy Jr. and Tulsi Gabbard.
But the protests erupted into acts of vandalism and violence at times, alienating people in the surrounding community in the Bismarck-Mandan area.
Greenpeace has long argued that the lawsuit was a threat to First Amendment rights, brought by a deep-pocketed plaintiff and carrying dangerous implications for organizations that speak out about a broad range of issues. Greenpeace has called the lawsuit a strategic lawsuit against public participation, or SLAPP suit, the term for cases meant to hinder free speech by raising the risk of expensive legal battles. Many states have laws that make it difficult to pursue such cases, though not North Dakota.
Mr. Cox laced into Greenpeace during closing arguments on Monday. The company accused Greenpeace of funding and supporting attacks and protests that delayed the pipeline’s construction, raised costs and harmed Energy Transfer’s reputation.
Jurors, Mr. Cox said, would have the “privilege” of telling the group that its actions were “unacceptable to the American way.” He laid out costs incurred that tallied up to about $340 million and asked for punitive damages on top of that.
“Greenpeace took a small, disorganized, local issue and exploited it to shut down the Dakota Access Pipeline and promote its own selfish agenda,” he said. “They thought they’d never get caught.”
The 1,172-mile underground pipeline has been operating since 2017 but is awaiting final permits for a small section where it crosses federal territory underneath Lake Oahe on the Missouri River, near Standing Rock. The tribe is still trying to shut down the pipeline in a different lawsuit.
Lawyers for Greenpeace called the case against the group a “ridiculous” attempt to pin blame on it for everything that happened during months of raucous protests, including federal-government delays in issuing permits.
Three Greenpeace entities were named in the lawsuit: Greenpeace Inc., Greenpeace Fund and Greenpeace International. Greenpeace Inc. is the arm of the group that organizes public campaigns and protests. It is based in Washington, as is Greenpeace Fund, which raises money and awards grants.
The third entity named in the lawsuit, Greenpeace International, based in Amsterdam, is the coordinating body for 25 independent Greenpeace groups around the world.
It was principally the actions of Greenpeace Inc. that were at the heart of the trial, which began Feb. 24. They included training people in protest tactics, dispatching its “rolling sunlight” solar-panel truck to provide power, and offering funds and other supplies. Greenpeace International maintained that its only involvement was signing a letter to banks expressing opposition to the pipeline, a document that was signed by hundreds and that had been drafted by a Dutch organization. Greenpeace Fund said it had no involvement.
On Wednesday, the jurors found Greenpeace Inc. liable for the vast majority of the damages awarded, which came to more than $660 million, according to representatives for both Greenpeace and Energy Transfer. The damages cover dozens of figures that were read out in court for each defendant on each claim.
Separately, Greenpeace International this year had countersued Energy Transfer in the Netherlands, invoking a new European Union directive against SLAPP suits as well as Dutch law.
During closing arguments on Monday in North Dakota, Everett Jack Jr. of the firm Davis Wright Tremaine, the lead lawyer for the Greenpeace Inc., was a study in contrast with Mr. Cox. Both men wore dark suits and red ties to make their final arguments before the jury. But their demeanors were polar opposites.
Mr. Cox was energetic, indignant, even wheeling out a cart stacked with boxes of evidence during his rebuttal to argue that he had proved his case. Mr. Jack was calm and measured, recounting the chronology of how the protests developed to make the case that they had swelled well before Greenpeace got involved.
Given the months of disruptions caused locally by the protests, the jury pool in the area was widely expected to favor Energy Transfer.
Among the observers in the courtroom were a group of lawyers calling themselves the Trial Monitoring Committee who criticized the court for denying a Greenpeace petition to move the trial to the bigger city of Fargo, which was not as affected by the protests. The group included Martin Garbus, a prominent First Amendment lawyer, and Steven Donziger, who is well-known for his yearslong legal battle with Chevron over pollution in Ecuador.
After the verdict, Mr. Garbus called it “the worst First Amendment case decision I have ever seen” and expressed concern that an appeal that reached the Supreme Court could be used to overturn decades of precedent around free-speech protections.
The group also took issue with the number of jurors with ties to the oil industry or who had expressed negative views of protests during jury selection. But Suja A. Thomas, a law professor at the University of Illinois and an expert on juries, said the precedent in North Dakota courts was not to use “blanket disqualifications of jurors just because they might have some kind of interest,” whether it’s financial or based on experience or opinion.
Rather, the judge has to determine whether each individual juror can be impartial. “There can be interest; they have to determine whether the interest is significant enough such that the person cannot be fair,” Ms. Thomas said.
Natali Segovia is the executive director of Water Protector Legal Collective, an Indigenous-led legal and advocacy nonprofit group that grew out of the Standing Rock protests. Ms. Segovia, who is also a member of the trial monitoring group, said her organization was involved with about 800 criminal cases that resulted from the protests. The vast majority have been dismissed, she said.
What had gotten lost during the Greenpeace trial, she said, was the concern about water that had spurred so much protest. She said she saw a larger dynamic at play. “At its core, it’s a proxy war against Indigenous sovereignty using an international environmental organization,” she said.
Science
Bill Gates doesn’t regret his controversial climate memo
Last week, Bill Gates published a 17-page memo on his personal website that critics said pitted climate and public health efforts against each other, when they should instead be working in tandem.
Monday night, speaking at Caltech in Pasadena, Gates doubled down, brushing off the critiques that came from across the ideological spectrum, including from climate scientists and President Trump.
Stressing that philanthropic resources are finite, Gates said he’s shifted some of his efforts from preventing climate change to reducing human disease and malnutrition in a world that he said will undoubtedly become warmer.
The United Nations’ 2025 Emissions Gap Report, published on Tuesday, says it’s likely that by 2100, global temperatures will have increased between 2.0 and 2.4 degrees Celsius compared to pre-industrial levels. Gates said he believes that number will be closer to 3 degrees Celsius.
“The real measure there is all the things we’re doing to help the most vulnerable people on the planet,” he said. He went on to say that he wants to refocus on scientific innovation that will remove climate-change-related costs — what he called a “green premium” — from technology to address hunger and sickness in the poorest countries in the world.
Climate scientists raised concerns about Gates’ memo released last week, arguing it inaccurately isolated the challenges of disease and hunger from climate change. “They are not separate problems, they are problems being exacerbated by this very issue,” said Katharine Hayhoe, a leading atmospheric scientist who studies climate change, in a forum Tuesday afternoon with other scientists.
At Caltech, in front of over 1,000 people — a mix of mostly students and professors — Gates expressed frustration with climate scientists who critiqued his memo as erroneously downplaying the potential impacts of climate change.
“What world do they live in?” he asked at one point, arguing that his critics were not taking into account that you could do more to save lives by spending money to address disease and other issues than by investing in reducing carbon emissions.
“It’s a numeric game in a world with very finite resources,” Gates said on Monday night. “More finite than they should be.”
Gates also rebuked Trump, who he said made a “gigantic misreading” of the memo in a Truth Social post last Wednesday that suggested Gates was no longer a climate change believer.
“I’m a climate activist, but I’m also a child survival activist, and I hope you will be too,” Gates told the crowd at Caltech. “That’s the best way to make sure that everyone gets a chance to live a healthy life, no matter where they’re born or what climate they’re born into.”
The billionaire said that his shift in focus to human health is intended to support poor countries that typically receive aid from the U.S. and other rich nations, at a time when the U.S. has backed away from such largesse. The Trump administration in July paused most foreign aid payments, which make up just about 1% of the national budget, but which researchers at the nonprofit Center for Global Development have found save some 3.3 million lives worldwide.
At Caltech, Gates also discussed technologies he supports to mitigate climate change, including nuclear fusion reactors and geo-engineering.
Gates’ critics within the climate science world say he is focusing on the wrong things. “He’s sort of perpetually downplayed the importance of the clean energy transition with the technology we have in favor of promoting some future tech,” said Michael E. Mann, a climate scientist at the University of Pennsylvania. It could take decades for some of those technologies to be implemented at scale, said Mann. “We don’t have decades to address the climate crisis.”
Science
A rogue Santa Cruz otter is terrorizing surfers: the redux
It’s been two years since a Santa Cruz sea otter, known as 841, garnered international attention and celebrity by attacking surfers and their surfboards as the human wave-riders alley-ooped over the waves of the legendary Steamer Lane.
It’s happening again.
This time, the identity of the otter is unclear. That’s because while 841 (who was born in captivity) carried a light blue tag on her right flipper, this otter is naked.
Experts say 841 could have chewed off her tag, or it could have broken off on its own. Otter flipper tags are designed to last an animal’s lifespan, but research shows they don’t always last so long.
It’s also possible this is an entirely different otter who may have watched 841 in the past, and is adopting her curious and bold behavior. It could be a relative. Or it could be this otter just has a similar surfboard appetite and hostage-taking drive.
On Thursday afternoon, roughly three dozen surfers were lined up to catch waves at Steamer Lane — just below the Santa Cruz coastline’s cliffs near the city’s iconic lighthouse and surfer statue.
Mark Woodward, a Santa Cruz-based social media influencer and dedicated 841 observer and chronicler, said he wasn’t sure whether this was 841, or someone different.
Otter 841 chewing on a surfboard after chasing a surfer off in Santa Cruz in July 2023.
(Mark Woodward)
He said the animal’s behaviors and M.O. were almost identical. However, while 841 tended to hang close to the cliffs in 2023, this otter appeared to spend more time a bit farther out — closer to the offshore kelp beds.
He saw 841 last year — tag on — visiting the same waters but keeping her distance from people.
The only otter seen on Thursday was way off shore, floating on its back atop a kelp bed — presumably eating some tasty morsel, such as a crab or abalone, retrieved from the sea floor.
Pelicans glided over the cresting waves, while a harbor seal watched the surfers for a bit before diving under the surface and disappearing from sight.
During the summer of 2023, federal wildlife officials tried to capture 841. They sent out boats, rafts and swimmers. She evaded every attempt and eventually gave birth to a pup, whom she cradled on her chest as she floated atop the water — or placed on top of the kelp as she dived to the bottom to retrieve food. And she stopped chasing surfboards.
Eric Laughlin, spokesman for the California Department of Fish and Wildlife, said the U.S. Fish and Wildlife Service is the lead otter-response agency in this case. However, possibly due to the federal government shutdown, the agency did not respond to questions about the surfing-curious otter in Santa Cruz.
Laughlin said the state agency had no plans “to intervene with the sea otter currently interacting with humans in Santa Cruz.”
Research on California sea otters shows that along the central coast, there is “extreme individuality in diet and behavior.” Some of the variation is the result of relatively low food availability, requiring the clever creatures to figure out unique ways of finding and retrieving food.
However, the researchers also noted some behavioral traits seemed to follow family lines, especially those “maintained along matrilines.”
Surfers at Steamer Lane in Santa Cruz on July 13, 2023.
(Gary Coronado / Los Angeles Times)
Otter 841 was born in captivity to a mother who had been captured after spending too much time interacting with people and their watercraft. Since being released into the wild, she has given birth to at least two pups.
According to Woodward, the otter now frequenting Steamer Lane has been actively pursuing surfers nearly every day since Oct. 16, when it bit a surfer named Bella Orduna and stole her board.
Dripping wet and donned in a wet suit, Richard Walston, 55, said he hadn’t had any interactions with the surfer-curious creature — and he’s a frequent surfer in the area.
“Sure, I see otters,” he said. “But they’re so focused on their food, I’m not sure they even notice we’re around.”
Wildlife officials are urging surfers and boaters to keep their distance from this otter, and others — not only will this reduce the chances of an interaction, which could be dangerous for both people and otters, it is the law.
Science
Poultry industry pushes back after report shows salmonella is widespread in grocery store chicken
A new report based on government inspection documents shows salmonella is widespread in U.S. grocery store chicken and turkey products. But because of how the pathogen is classified, the federal government has no authority to do much about it.
Farm Forward, an organization that advocates for farmworker rights and humane farm practices, released a report this week that examined five years of monthly U.S. Department of Agriculture inspections at major U.S. poultry plants. It found that at many plants, including those that process and sell poultry under brand names such as Foster Farms, Costco and Perdue, levels of salmonella routinely exceeded maximum standards set by the federal government.
“The USDA is knowingly allowing millions of packages of chicken contaminated with salmonella to be sold in stores from major brands,” said Andrew deCoriolis, the organization’s executive director.
Some 1.3 million Americans are sickened each year by eating salmonella-contaminated food, according to the U.S. Centers for Disease Control and Prevention. Most people have only mild symptoms, but others suffer diarrhea, nausea and vomiting. Roughly 19,000 people are hospitalized annually, and an estimated 420 die from the infected food.
Chicken and turkey account for nearly a quarter of all salmonella infections, according to a 2021 government report on food illness.
The USDA’s Food Safety and Inspection Service inspects poultry plants monthly. The new report shows that five U.S. poultry plants exceeded maximum allowable salmonella contamination every month from 2020 to 2024. These included a Carthage, Mo., turkey plant owned by Butterball, a Dayton, Va., turkey plant owned by Cargill Meat Solutions, and a chicken plant located in Cunning, Ga., that is owned by Koch Foods. A Costco chicken producer, Lincoln Premium Poultry, exceeded the standard in 54 of 59 inspections.
“Lincoln Premium Poultry treats the safety of its products as an utmost concern,” Jessica Kolterman, the company’s director of administration, said in an email. “When the United State Department of Agriculture reports are updated and published, they will show that we have enhanced our standing. … We will continue to improve our processes.”
A spokesperson for Butterball said the company “takes food safety very seriously and follows all USDA and FSIS regulations and inspection protocols.” The spokesperson said facilities are subject to rigorous, continuous oversight, and they are “constantly reviewing and improving our food safety programs to ensure we meet or exceed government standards.”
Cargill, Perdue and Koch Foods did not reply to requests for comment. Foster Farms directed questions to the National Chicken Council, the industry’s trade group.
“Consumers should not be concerned,” said Tom Super, a spokesman for the chicken council. He said the report was “unscientific” and described Farm Forward as an “activist organization whose stated goal is to end commercial chicken farming.”
Both Super and Bill Mattos, president of the California Poultry Federation, said poultry is safe when cooked to 160 degrees, and knives, cutting boards and other items that may have come into contact with raw meat are disinfected and cleaned.
“All chicken is safe to eat when properly handled and cooked,” said Mattos, noting that annually “Californians eat more chicken than any other state … 110 pounds per person!”
The report also suggests that the federal government’s standards for acceptable levels of salmonella are unduly high, and potentially put American poultry consumers at risk.
For ground chicken, the USDA allows 25% of samples at a plant to be contaminated. For ground turkey, 13.5%. Chicken parts should not exceed 15.4% of samples contaminated, while the number is 9.8% for whole chickens.
“I don’t know, but seems common sense to me that if you allow for a lot of salmonella, a lot of people are going to get sick,” said Bill Marler, an attorney with Marler Clark, a national food safety law firm.
When inspectors visit a plant, they do not assess the meat’s bacterial load, nor do they determine the strain of bacteria found on the product. They just test for the presence of the bacterium — it’s either there or it’s not.
According to Marler and Maurice Pitesky, a poultry science expert at UC Davis, there are hundreds of strains — or serotypes — of Salmonella. Most are considered harmless, but roughly 30 are known to be potentially lethal to people.
As a result, the USDA inspections don’t give a clear picture about what’s there, Pitesky said.
“When I hear something has salmonella, I’m like, ‘OK, first question: I want to know its serotype. What kind of serotype is it?’ Because that that’s really the relevant piece of information,” he said.
When inspectors find a plant has exceeded the salmonella standard, there is very little they can do except note it. The agency has no authority to enforce the standards.
Marler said in the 1990s, after four children died and hundreds of people got sick eating ground beef contaminated with E. coli sold at Jack in the Box restaurants, the agency decided to classify the bacterium as an adulterant. That designation meant the USDA could stop the sale of contaminated products, or shut down a plant that failed inspections.
He said the beef industry initially pushed back, fearing it would lose money — which it did, at first.
He said the USDA started doing retail testing, “and for a while, it felt like there was a recall a week — you know … 50, 100, a thousand pounds here, a million pounds there, even 10 million pounds.” Eventually, however, companies started testing their products “and coming up with interventions to get rid of it. And you know what? The number of E. coli cases linked to hamburger plummeted.”
He said now he sees a case only once in a while.
“I kind of look at that and think, well, if you get salmonella out of chicken, you’ll probably reduce those cases too,” he said.
Pitesky said that salmonella is notoriously difficult to get rid of. It can be introduced to flocks from wild animals, such as birds, rats, mice and other wildlife. It’s also found in the intestines of chickens, on their skin, feathers and feet, and it spreads among them when they poop, urinate and walk around in shared bedding, etc.
However, Marler thinks it can be controlled.
“Yeah, it’s difficult,” he said. “But you can do a lot of things. And this might piss people off, but you could eradicate flocks with salmonella. They do it in the EU all the freaking time.”
The European Union considers salmonella an adulterant, and require producers to reduce and control it via biosecurity, testing, vaccinations, recalls and occasionally depopulation.
“The fact is, if you make salmonella contamination expensive, if recalls exist and people feel embarrassed that they’re producing food that is making people sick or killing them, they’ll want to change their behavior,” he said.
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