Connect with us

Science

Greenpeace Is Ordered to Pay Energy Transfer, a Pipeline Company, $660 Million

Published

on

Greenpeace Is Ordered to Pay Energy Transfer, a Pipeline Company, 0 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.

Advertisement

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.

Advertisement

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.

Advertisement

“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.

Advertisement

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.

Advertisement

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.

Advertisement

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

AI windfall helps California narrow projected $3-billion budget deficit

Published

on

AI windfall helps California narrow projected -billion budget deficit
p]:text-cms-story-body-color-text clearfix”>

California and its state-funded programs are heading into a period of volatile fiscal uncertainty, driven largely by events in Washington and on Wall Street.

Gov. Gavin Newsom’s budget chief warned Friday that surging revenues tied to the artificial intelligence boom are being offset by rising costs and federal funding cuts. The result: a projected $3-billion state deficit for the next fiscal year despite no major new spending initiatives.

The Newsom administration on Friday released its proposed $348.9-billion budget for the fiscal year that begins July 1, formally launching negotiations with the Legislature over spending priorities and policy goals.

“This budget reflects both confidence and caution,” Newsom said in a statement. “California’s economy is strong, revenues are outperforming expectations, and our fiscal position is stable because of years of prudent fiscal management — but we remain disciplined and focused on sustaining progress, not overextending it.”

Advertisement

Newsom’s proposed budget did not include funding to backfill the massive cuts to Medicaid and other public assistance programs by President Trump and the Republican-led Congress, changes expected to lead to millions of low-income Californians losing healthcare coverage and other benefits.

“If the state doesn’t step up, communities across California will crumble,” California State Assn. of Counties Chief Executive Graham Knaus said in a statement.

The governor is expected to revise the plan in May using updated revenue projections after the income tax filing deadline, with lawmakers required to approve a final budget by June 15.

Newsom did not attend the budget presentation Friday, which was out of the ordinary, instead opting to have California Director of Finance Joe Stephenshaw field questions about the governor’s spending plan.

“Without having significant increases of spending, there also are no significant reductions or cuts to programs in the budget,” Stephenshaw said, noting that the proposal is a work in progress.

Advertisement

California has an unusually volatile revenue system — one that relies heavily on personal income taxes from high-earning residents whose capital gains rise and fall sharply with the stock market.

Entering state budget negotiations, many expected to see significant belt tightening after the nonpartisan Legislative Analyst’s Office warned in November that California faces a nearly $18-billion budget shortfall. The governor’s office and Department of Finance do not always agree, or use the LAO’s estimates.

On Friday, the Newsom administration said it is projecting a much smaller deficit — about $3 billion — after assuming higher revenues over the next three fiscal years than were forecast last year. The gap between the governor’s estimate and the LAO’s projection largely reflects differing assumptions about risk: The LAO factored in the possibility of a major stock market downturn.

“We do not do that,” Stephenshaw said.

Among the key areas in the budget:

Advertisement
Continue Reading

Science

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

Published

on

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.”

Advertisement

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.

Advertisement

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.

Advertisement

“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.

Advertisement
Continue Reading

Science

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

Published

on

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.

Advertisement

“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.

Continue Reading

Trending