> The jury found Greenpeace USA liable for almost all claims.
how does this happen? did greenepeace just run a bad trial? or lose all public trust?
The more tenuous thing here is proving Greenpeace incited people to do that. Without having seen the evidence, I’m guessing there were internal documents that were bad for Greenpeace. Activist organizations sometimes adopt pretty militant rhetoric in an effort to get protesters fired up. I bet these internal documents could seem sinister to a jury of ordinary people.
The legal issue here is that there should be a very high bar for saying that first amendment protected speech amounts to incitement. But that’s not a principle of law as far as I’m aware. So any organization that adopts this militant posture for marketing reasons (which is a lot of them these days) could run the risk of that being used against them if any of the protesters end up damaging or destroying property.
I don't understand the distinction you're making here. Isn't there being a high bar for saying that first amendment protected speech amounts to incitement literally a principle of modern first amendment law (Brandenburg etc)?
> So any organization that adopts this militant posture for marketing reasons (which is a lot of them these days) could run the risk of that being used against them if any of the protesters end up damaging or destroying property.
Even the way you write this makes it sound like you know it's problematic too.
Decades and centuries from now our descendants will be dealing with the consequences of the destroyed climate and wonder why we punished the only people who tried to do something about it while justifying it by "the laws".
We live under law or we die under anarchy.
Clearly the 'drill-baby-drill' crowd doesn't like Greenpeace at all and is doing what they can to muzzle activists because they know that if they manage to squelch Greenpeace then many lesser funded organizations will not be able to do anything all all. But history doesn't give a damn about any of that.
The hyper-local point of that is how my buddies haven't taken grinders to the flock cameras because there is a local de-flocked group who is trying to exhaust legal actions before moving on to other options. But it's not like that kind of direct action is thought of as unethical by a lot of us, even if it's legibly illegal.
And regardless of what a person thinks about the direct action, the (very separate) idea that these larger, legal, above-ground groups are what keep folks who have very strong "feelings" from acting is a position held by folks on all sides of these things. That strategy seems central to the neo-liberal method of dealing with social unrest.
In that ecosystem, if you kill off the big NGOs you might see a thousand tiny and headless ELFs bloom.
If the post-neo-liberal (god what a shitty turn of phrase, sorry) strategy looks like "ICE", then good luck to them; the 3000:100000 ratio didn't go well in Minneapolis and as more folks start looking at how we didn't have a winter at all where I live (it's 65 degrees this week at almost 7000' in SW Colorado and the ground frost has broken) then that strategy might be subjected to reality.
I'm not sure what they were expecting. Direct action agains an oil pipeline in ND is gonna go over about as well as direct action tourism in Florida. If by some miracle you get a judge sympathetic to your cause you won't get a jury that is. The local people want this industry, generally speaking.
The frozen plains of North Dakota aren’t worth much without oil. With oil, they provide good paying jobs to people who otherwise won’t have them.
I lived in the next state south for many years. Oil is definitely popular with the people of North Dakota.
I loved the winters. I loved the people. I loved how its natural beauty was subtle and rewarded the patient, unlike El Capitan or the Black Hills. The economy was fine before oil appeared.
Does it sound surprising to you that it was perfectly normal to rent a perfect acceptable two bedroom apartment in a safe town on the interstate for $300 a month and still easily find dignified, decent paying jobs without 1000 applications?
I've lived in many cities and work in tech now, and I can confidently say that, as it concerns the professions and jobs that unambiguously sustain and improve life, no community on the planet was more productive than my home state. There is more to the story than some shale.
> A Morton County jury on Wednesday ordered Greenpeace to pay hundreds of millions of dollars to the developer of the Dakota Access Pipeline, finding that the environmental group incited illegal behavior by anti-pipeline protesters and defamed the company.
> The nine-person jury delivered a verdict in favor of Energy Transfer on most counts, awarding more than $660 million in damages to Energy Transfer and Dakota Access LLC.
It seems like the jury did its job on the evidence presented.
Overall, they could not make the showing necessary.
I read the motions and responses, and was not particularly impressed with their arguments for change of venue.
The judge might allow it, but the odds are long and the next judge will certainly allow an appeal on those grounds so you probably don't even gain much except time.
It's telling that "trump" buildings rebranded in NYC...
Convicting Trump doesn't throw half of NYC onto the dole, either.
One group finds candidate who defrauds more then any other politician before appealing and right kind manly. They see him sexually harassing women appealing. Moreover all fascists vote for Trump. Both sides have bad people in ... but Trump side is defined by them.
There is no symetry here. This particular choice is literally showing that yes, you are more likely to be unfair kind of juror.
Edit: and considering this was the Southwest district, looking at results by county, 75% seems about right. This isn’t necessarily a biased jury in the sense that selection was unfair, this is probably the makeup you’d get with a fair selection. https://apnews.com/projects/election-results-2024/north-dako...
It can be quite hard to get a jury to go against a locally powerful large employer in a small town.
I believe it's a question of "who is found liable" and then "what is the damages" and then the damages are split between those who are found liable.
If it was Greenpeace and {Some Org} that were both found liable, then that could be split 90% {Some Org} and 10% Greenpeace.
However, if only Greenpeace was found liable it would be 100% Greenpeace despite how little interaction they had.
To keep the dissenting voices quiet and to scare other groups from protesting.
Modus operandi for many industries.
The point is to shut people up. Lawyers don't like filing literally frivolous suits, that type of activity gets you disbarred.
Many years ago in Northern CA we had a lawyer that was basically going around filing suits against everyone she came in contact with as a way to pay the bills. She was eventually declared a "vexatious litigant" and had to get a judge's permission before she could sue anyone in the future, but they didn't disbar her.
In environmental circles, Greenpeace is very well-known to be traitors working with big corporations to launder their image. They're opposed to sabotage and revolutionary tactics. Their activities are mostly fundraising and legal proceedings, and on the rare instance they perform so-called civil disobedience (such as deploying banners on nuclear plants), it is in very orderly fashion that doesn't provide much economic harm.
As a left-wing environmentalist, i wish such a strong voice as Greenpeace was capable to incite people to rise against the greedy corporations destroying our planet. I just don't see that happening, neither here in France nor in the USA.
Posted from your iphone while driving to the gas station to fill up? Where did you fly to for your last vacation?
Contrasting specific technological and social artifacts with a form of economic organization and legal structures without noting how different they are is a cheap and weak form of argument.
If you want to insist that only greedy corporations could have made portable hand-held network connected computing devices possible, then make that point. If you want to insist that there could be no automobile or refueling system without a system in which corporate profits primarily are directed towards capital rather than labor, then make that point. If you find it impossible that powered flight would exist at a price where most people could afford it without specific laws controlling corporate liability and legal fiduciary responsibility, than make that point.
But "ah, so you use human-created technology while criticizing the organizations that make it" isn't really the winning argument that you appear to think it is.
> If you want to insist that only greedy corporations could have made portable hand-held network connected computing devices possible, then make that point.
It burns oil and emits CO2. Doesn't matter who makes it or if they are "greedy." Physics doesn't care about human emotions.
> If you want to insist that there could be no automobile or refueling system without a system in which corporate profits primarily are directed towards capital rather than labor, then make that point.
It burns oil and emits CO2. Physics doesn't care about accounting.
> If you find it impossible that powered flight would exist at a price where most people could afford it without specific laws controlling corporate liability and legal fiduciary responsibility, than make that point.
It burns oil and emits CO2. It doesn't matter what the price to the end user is or who liability. Physics does not care about lawyers.
> But "ah, so you use human-created technology while criticizing the organizations that make it" isn't really the winning argument that you appear to think it is.
If your criticism is about global warming, then yes it is a wining argument because the organizations are irrelevant. It burns oil and emits CO2. Physics doesn't care about human organizations.
You sarcastically wrote
> Posted from your iphone while driving to the gas station to fill up? Where did you fly to for your last vacation?
as if using any of those technologies means that you have no standing to criticize "greedy corporations".
I've pointed out the (potential) disconnect between the technologies and the corporations, and you've now wandered off into "fossil fuels do stuff, physics matters" which of course is true but as before, has nothing to do with someone criticizing what they see as/claim are "greedy corporations".
What I cannot imagine, however, is an alternative that still featured "greedy corporations" without the "destroying our planet" part.
Unfortunately North Dakota is one of the minority of states without anti-SLAPP laws.
Why is something like this allowed to exist... Stacking entities and funneling wealth around in the guise of a noble cause.
Fun fact, Monster Cables owns no patents or IP (or effectively none), it just licenses them all from the "wholly independent, arms-length" Monster Cables Bermuda, Inc. entity.
(Note well: I haven't been following this case closely enough to say. But you should at least consider that as a possibility.)
i'm specifically responding to your use of the word "justice" and how those two do not always align - it's a lack of precise definition, or a disagreement in terms. this is one of the clearest examples of that phenomenon that exists, especially when you consider the lengths the fossil fuel industry has gone to hide and misdirect evidence of the negative environmental impacts of their business model.
> how does this happen? did greenepeace just run a bad trial? or lose all public trust?
Alternative possibility: they were actually guilty. Seems likely. The idea that Greenpeace was intentionally spreading misinformation doesn't require a big leap of faith.
I think that's not what the article is saying, although I read it that way too at first. Greenpeace USA, the organization whose six employees were on the ground, was found liable for "almost all claims"; it's only Greenpeace International and Greenpeace Fund, their sibling organizations, who were found not to be "responsible for the alleged on-the-ground harms committed by protesters".
They were never going to win the trial. More than half of the jury pool had ties to the pipeline industry. They were always going to find against Greenpeace, and they went to fairly extreme lengths to ignore the evidence presented to come up with a ridiculous damage award far in excess of the company's actual damages (even accounting for a punitive damage markup).
Will they win on appeal? Maybe pre-Trump they had a chance, but right-wing judges no longer feel bound by the law, reason, or equity.
Energy Transfer had previously attempted other suits which failed to get any traction because the claims are essentially Trump-style conspiracy theories about who is "pulling the strings" and "paying for" a massive decentralized protest movement. But they got lucky on this one. One of the advantages of having so much money you can just burn it on questionable lawsuits until one succeeds.
https://www.upi.com/Archives/1981/12/11/TEXT-OMITTED-FROM-SO...
https://en.wikipedia.org/wiki/Texas_two-step_bankruptcy
In my view the best way to get this sort of stuff banned is to start using it yourself.
Summarizing Matt Levine's various columns on the issue from memory:
1. J&J lost a lawsuit about talc and the winner was awarded $Xb (or maybe $XXXm, my memory is fuzzy) in damages.
2. J&J transferred $XXb to a new company.
3. It let the new company take on current and future liabilities for judgements on the talc issue.
4. J&J then had the new company declare bankruptcy. The bankruptcy process is designed to pay out money fairly to all creditors. The new company's only creditors were the plaintiffs in the lawsuit J&J lost + any future claimants. So this wasn't necessarily nefarious.
5. A judge rejected the bankruptcy because J&J had funded the company with $XXb and that was in excess of its current liabilities. As Levine put it, the company wasn't "bankrupt enough" yet.
I didn't keep up with the story after that so maybe I missed something.
(Disclosure: I was on the team that won the appeal against J&J on this issue. My comment above is about the public record.)
Sorry I'm having trouble parsing this because the first and second sentences seem to contradict each other. Or I'm just bad at reading.
> Disclosure: I was on the team that won the appeal against J&J on this issue
That's actually pretty cool. If I may ask, given that LTL was funded with many multiples of its liabilities, why was the bankruptcy appealed?
Sorry, I was unclear. You have a law that says that pre-bankruptcy transfers that were made to avoid liability can be voided: 11 USC 548: https://www.law.cornell.edu/uscode/text/11/548. So say J&J put the liabilities into a subsidiary, but didn’t give it a check. The creditors would have been able to void the transfer of liability and give it back to J&J by proving that J&J transferred the liabilities that the subsidiary couldn’t pay.
To work around that, J&J did a particular formulation of the Texas Two-Step where it gave the subsidiary a big check to pay for the anticipated liabilities. The fact that J&J had to do that shows that the fraudulent transfer law does have some teeth. It was the reason J&J had to take the approach that ultimately got the subsidiary kicked out of bankruptcy court.
> If I may ask, given that LTL was funded with many multiples of its liabilities, why was the bankruptcy appealed
So the amicus brief from Public Justice—which I had no involvement with—does a good job of explaining the public interest concerns: https://www.tzlegal.com/wp-content/uploads/2022/07/2022.07.0.... Bankruptcy court is a debtor-friendly forum and gives debtors tremendous leverage over creditors.
I understood that. My question was why challenge the bankruptcy if there was apparently already enough money for everyone who won? Why not just go to bankruptcy court and pick up your check?
EDIT: Looks like this question was answered with an edit to the post I replied. Thanks!
Another commenter https://news.ycombinator.com/item?id=47224462 said that
1. funding commitments have been unenforceable in other Texas two step bankruptcies
2. allowing a bankruptcy court to figure out payments would turn all the thousands of plaintiffs' cases into a defacto class action (my understanding of what this person wrote).
You said the Texas Two Step can't be used for fraudulent transfers (or at least, that's how I interpreted) and offered J&J's case as an example. My reply to that is J&J's Texas Two Step failed for a different reason, unrelated to fraudulent transfers.
My OP said that Texas Two step was used all the time. I said J&J tried to use Texas Two Step and it ultimately failed. And yes it did fail mostly because it was not being used in good faith.
As of today, judgments against J&J total to less than $10b. J&J committed up to $61.5b to LTL, the company it spun off. Simple arithmetic shows us all current judgments will be satisfied. https://news.ycombinator.com/item?id=47222778
The judge used this $61.5b commitment - which J&J made to ensure LTL would pay for all the lawsuits J&J lost - as proof that LTL wasn't actually bankrupt. Which is weird but also correct.
Where is the bad faith today? I mean it's possible J&J has done some internal analysis and expects to be on the hook for more than that in the future. Or there's some other arcane legal issue I don't understand. And in that sense committing the $61.5b is a smart way of capping their losses while still looking like good guys today. There's no evidence of that right now though.
To re-iterate, the bankruptcy was rejected because of how it was structured. Not because there was an attempt to dodge liability. To me that's a more damning indictment of the legal system because it implies liability dodging might have worked if it were structured right.
He repeatedly contorts himself into pretzels trying to defend it (why?) and into equal pretzels avoiding exploring the two elephants in the rule:
1. He (and those involved) claim that the process is "actually, truly, intended to be solely for the benefit of the plaintiffs suing us", and that defendants are doing them a favor, going out of their way to spin off these entities that are flimsy houses of cards.
2. Is it just a coincidence that of the firms who've gone through the Texas Two Step process, that they've managed to get away with not having to pay ninety per cent of court-ordered liabilities, and in at least one case, ninety-eight per cent?
Why on earth would these companies bend over backwards to do something that they claim has zero benefit for them, and is only truly intended to help streamline and optimize plaintiff's efforts in suing them?
Why is it even called the Texas Two Step? Is it because:
1. it assists claimants and plaintiffs (their adversaries) to bond together and present one solid unified case against you, or...
2. because it assists them to elegantly dance around their liabilities?
Levine and the firms and companies he's carrying water for insist the name has nothing to do with the second point.
In the JJ case, Levine's apologism of "they weren't bankrupt enough, yet" is horseshit.
JJCI was funded to the tune of $2B. Slightly less than the $61.5B of liability, you'll agree.
After the bankruptcy was rejected, the Judge had said that the bankruptcy might be necessary at some point in the future, but "now wasn't the time".
JJCI re-filed bankruptcy proceedings three hours later.
All these apologists are taking the piss.
Your numbers are all wrong.
Here's a law firm's summary of all the judgments to date against J&J: https://www.sokolovelaw.com/product-liability/talcum-powder/...
These don't add up anywhere close to $10b, let alone $61.5b.
$61.5b is the amount that J&J ultimately agreed to pay the new company (LTL) that it spun off to take over the liabilities.
This is from the court that rejected the bankruptcy:
"we cannot agree LTL was in financial distress when it filed its Chapter 11 petition. The value and quality of its assets, which include a roughly $61.5 billion payment right against J&J and New Consumer, make this holding untenable."
https://www2.ca3.uscourts.gov/opinarch/222003p.pdf
My translation: "This new company can get up to $61.5b from J&J but says it's in financial straits. Bankruptcy denied."
I'm aware the Texas Two Step is used by companies to get out of paying what they legally owe. It's unclear to me if this particular case is a good example of that today because J&J has committed to paying at least $61.5b and that's much more than the judgements against them.
If in 20 years all the judgements end up being more like $80b and J&J says "Whoopsie, money's run out" then I guess we can call shenanigans.
I don't know what Matt Levine has said about the Texas Two Step outside of this case.
> JJCI re-filed bankruptcy proceedings three hours later
What did they change in their application? What happened to the new filing?
They are using the same law firm (Jones Day) as the others. It's a perfectly good example.
> ... because J&J has committed to paying at least $61.5b and that's much more than the judgements against them.
Actually, the $2B and $8.9B proposals in LTL's two bankruptcy proceedings made the funding from J&J contingent on claimants and future claimants accepting the bankruptcy, i.e. its J&J effectively trying to shoehorn this into an informal class action - plaintiffs can choose to form a class action, defendants are not able to force them into one, but this effectively would. So it seems unlikely that J&J would ever be on the hook for $61.5B. Indeed, HoldCo, the parent of LTL, in turn owned by J&J would only ever be funded to a maximum of $30B.
> Here's a law firm's summary of all the judgments to date against J&J
to date. There's many many more (thirty-eight thousand) cases that have not been adjudicated, in fact.
> because J&J has committed to paying at least $61.5b
Where do you think that number came from? J&J playing good corporate samaritan, or knowing that they still have many, many more cases winding through the courts, or in discovery, than have had final judgments rendered so far?
Good for J&J. They've actually only paid $2B - of the $10B of judgments that you yourself acknowledge. Good for J&J. And they've committed to funding $61.5B? How's that worked out for other companies doing this?
Georgia Pacific, in the same spot, committed to an initial funding of their T2S entity, and to review this further as needed. In the end, they funded it to the tune of $175M. And then told the court that the entity was entirely independent from GP and they had no obligation to do any such thing.
St Gobain, in the same spot, committed to funding to the tune of $50B, and ended up putting in less than $100M and refusing anything further.
So audacious was St Gobain that they were laid into by the court:
> Gross testified that Saint-Gobain repeatedly misrepresented its intent in creating the subsidiary that eventually filed for bankruptcy, calling executives’ testimony and other statements “misleading” and “not truthful.” U.S. Bankruptcy Judge Craig Whitley followed Gross’s testimony last August with factual findings that included his own blistering critique of the executives’ statements as “contrary to the evidence,” saying the company’s story “strains credibility.”
Four major companies have tried the Texas Two Step lately. All of them have used the same one law firm, again, Jones Day. Three of them (J&J being the fourth) have managed to drastically under-deliver on their commitments and liabilities and have emerged unscathed as a result.
Trane Technologies, same thing.
Weird that LTL was formed in North Carolina, where this scheme seems to work, yet J&J has no corporate presence there (headquartered in NJ)
But somehow, J&J, and Matt Levine would love us to believe that this time, somehow, it'll be different.
> What did they change in their application?
They changed the number from $2B to $8B and filed bankruptcy again. It was again dismissed. The first time, the courts as you said described it as an untenable position. Now, they were more annoyed, saying that the application was made in actively bad faith.
"Johnson & Johnson would later make a third attempt at resolving talc litigation through bankruptcy in 2024, which also failed. The company continued to face thousands of lawsuits alleging its talc products were contaminated with asbestos and caused cancer.
The repeated bankruptcy dismissals established important precedent limiting the ability of financially healthy corporations to use the Texas Two-Step strategy to avoid mass tort litigation."
This is from another mesothelioma law firm (important to note that J&J has actually resolved many of the mesothelioma claims against it, ~95%. But the vast majority of claims are around asbestos, and have a much clearer causality, typically resulting in larger verdicts).
April 2025, J&J, sorry, LTL, have since tried, and failed, to file a fourth bankruptcy. They're getting increasingly nervous that they won't be able to sidestep liability.
There's also this hugely perverse incentive with all of these "commitment to fund"s:
"You injured me and have been ordered to compensate me. But in order to do so I have to hope you continue to prosper, potentially injuring others along the way, so I get my compensation. I can choose between getting you shut down, but potentially not being compensated, or being compensated but knowing that you go on to be able to do this to others."
1. surprising to me, a layman. and
2. means it's just as well J&J's ploy didn't work.
All the rest about J&J using the same law firm etc. doesn't make for much of a smoking gun for me.
You're also right about the perverse incentives. But it would be equally unfair if the last 37k of those 38k plaintiffs didn't get any money because the first 1000 to win were awarded all of it.
Tl;dr J&J may or may not be playing fair. Is there another orderly process to ensure all plaintiffs are treated fairly?
Of which it has represented four companies. The first three of whom, using Jones Day's playbook, have managed to escape with making payments that are a single digit percentage of what they actually have judgments for, have told the courts, through those same lawyers, "Yeah, we're not actually going to be held to those commitments" and have faced no further consequences, almost as if the lack of commitment was a part of the plan...
... and the fourth, J&J/LTL is trying the exact same thing, and every time they have been rebuffed, have tried and tried again, four times now.
Is it a good thing that this isn't working so far? It's a better thing, perhaps. But the plan of J&J and LTL is to keep pushing and hope it does work in the hope that, like Jones Day's other clients and playbook, they will be able to fold up, having paid a tiny fraction of their liabilities out, while J&J continues to make billions a year in profits.
Many, many attorneys, let alone judges/courts, are of the clear belief that this is exactly what J&J is attempting to do.
That they have not been successful thus far is not in any way deserving of credit towards J&J.
But there are definitely apologists and deniers of it, even right here on HN. Or "you don't know that's what's going to happen, we owe it to them to wait and see", even as you watch the exact same law firm guide another company through the exact same process in the exact same way, but somehow, maybe, this time, it'll have a different outcome.
This tactic has been used by our current President.
I lived very close to the protests. I won't comment on the politics but, 2016-2017 was very impactful on the community here.
Life pro tip: A 345 million dollar judgment against a company worth less than 10% of that for the crime of maybe telling some protesters to engage in direct action against a company leaking oil into their water supply is not remotely sane, no matter how 'legal' the jury of oil-connected people may say it was.
Sounds like you put the maybe in the wrong place. The jury found that they did do that. And you have no evidence whatsoever that they leaked any oil into the water supply.
I don't think social justice has that same profit pipeline, but I am not sure. There is an asymmetry in the type of evil our society allows.
Break the law, make $1B of illegal money, then get dragged to court and pay a $200M fine - while you keep most of the profit and your market position you illegally gained.
Bonus: Shield all managers from personal accountability, best in a way that they got their bonus and salary and moved on a long time ago before the verdict hits.
Best: Not get to court, but make an $100M outside court settlement.
The expected response from both companies and social groups is to deny the affiliation. The overall strategy is transpartisan because it is effective.
Makes sense. Because society is evil, therefore our society allows evil.
The Jewish lady who was smeared as a Russian agent because she was at a diplomatic dinner that Putin also attended.
The woman who challenged election results in 2016, only for the response to be to make it harder to question election results (and that certainly never blew-back on all of us).
The lady who was then put under Senate investigation for two years over the so-called collusion with Russia which turned up precisely zero evidence.
Who put up the single best fight against two entrenched pro-genocide parties of anyone else in America's 350 million people.
The 2024 candidate with the highest vote to campaign funds ratio of any candidate by a factor of about ten despite having a tiny fraction of the election coverage.
What exactly are you saying the comparison is here? That Americans tend to cheer for the villains and boo the heroes just because the media tells them to?
No conspiracy is too cynical. If you can think of it, they can think of it.
I think Greenpeace did as much as anybody to turn the world against nuclear power in the late 20th century. And this clearly set us in the wrong direction as far as reducing reliance on fossil fuels.
Also for the ND pipeline, I think it does relatively little to change the economics of fossil fuels. And thus does relatively little to change our path to sustainable energy. But it does a lot geopolitically. Having more local oil means the trigger-happy US government is less likely to start wars to ensure access to oil. Heck even the Iran conflict this week stems back to the 1953 CIA-instituted coup which was half motivated by protecting access to oil.
Hot take: decarbonization is a policy issue that should be pursued primarily through incentives to increase production and quality of clean alternatives. Not by throttling supply of oil. Look at the electrical grid. Solar and wind are just cheaper than fossil fuels now which means the decarbonization is economically inevitable.
You actually fully go out into the field to run campaigns and meet everyone from the President of Greenpeace to the front-end activist hanging banners and whatnot.
I actually liked the President and DC lobbyist folks more than the weridos out and about dropping banners and doing the extreme stuff.
I walked away being kind of turned off from the Organization and realized a lot of these folks were not pragmatic and more dogmatic than anything else. Don't get me wrong, I am very grateful and had a blast, but I dropped out of college and became a software engineer instead of an activist.
This is a precedent that will be used to attack all kinds of civil society organizations when they threaten the profits of major corporate interests. Including the civil society organizations which you do agree with.
I think the nuclear industry didn't do itself any favors. And the oil companies didn't want it to succeed either and did its best to hobble it. The environmental groups are a convenient patsy to take the blame for the outcome. If Greenpeace is so powerful why hasn't it been able to end whaling or the oil industry?
https://en.wikipedia.org/wiki/2016_Union_Pacific_oil_train_f...
I don't have much time for Greenpeace. Much of their activism has never been science based, and usually involves criminal acts against property. History will not be kind to them.
Their only highlight is 'saving' the whales. For a while.
Also for the ND pipeline, I think it does relatively little to change the economics of fossil fuels.
This is ignoring the issue of tribal sovereignty and water rights which is where most of the issue lies imo. No one is trying to ruin the economy, they simply want untainted natural resources on their own property.If this pipeline was going through disneyland, i don't think you'd hear popular arguments about disney trying to ruin the oil economy.
If the pipeline was going through Disneyland I think you’d still see the same people up in arms protesting. They’d just be searching for a different justification.
If you want to encourage sustainable energy you need to make that your focus. Make it cheaper. Ignore oil and fight laws that make it harder to build sustainable energy. ND has great wind potential (they get 40% of their electric from wind already), but it could be better (they have a small population - which means they can export wind energy to Minnesota or if we build transmission lines even farther).
When you focus on raising oil prices you ensure that your side gets voted out in the next election and your gains are undone. When you focus on building renewable energy you get something that can stay. (Just don't build only on the white house as that can be quickly removed - build everywhere so removal is expensive)
Or maybe those people drawing hard lines in the sand were exaggerating to drive urgency and get attention? Sometimes people whose stated goals you agree with say and do things which are wrong.
Also I never mentioned just give up. I just said it’s already too late. That’s reality. What you do next is your choice. But don’t put words in my mouth.
There’s some debate in “the science” about how quickly we’ll reach that point. Limiting warming to +2°C was not a scientific position; it was political, based on what people thought was achievable. Before the Paris Agreement, 2° was not considered “safe”.
Anyway, it turns out we’re going to zoom past 2° in the next couple of decades.
I meant something more precise. And more unforgiving.
You say there is no magic cliff. No point of no return. Just one day after another, each fractionally worse or better. That sounds reasonable. It sounds adult. It sounds scientific.
But it quietly assumes that all damage is reversible if we simply act hard enough and fast enough.
That assumption is already false.
We have warmed the planet by roughly 1.2 to 1.3 degrees Celsius above preindustrial levels. That is not a projection. That is measured reality. The last time Earth was only 4 to 5 degrees cooler, mile thick ice sheets covered large parts of North America. A shift of a few degrees defines geological eras. We have moved a quarter of that distance in a century.
Atmospheric carbon dioxide now exceeds 420 parts per million. For hundreds of thousands of years before the industrial era it oscillated between about 180 and 280. We have pushed the system into a concentration not seen for millions of years. During the last time CO2 was this high, sea levels were dramatically higher than today. That future rise is not optional. It is delayed.
So what did I mean by too late.
I meant it is too late to preserve the climate of the Holocene, the stable envelope within which human civilization developed.
It is too late to save most tropical coral reefs. At around 1.5 degrees Celsius of warming, scientists project that 70 to 90 percent of coral reefs will disappear. At 2 degrees, more than 99 percent. We are already seeing global mass bleaching events at current warming. Entire reef systems are dying now. Not in some distant scenario. Those ecosystems evolved over millions of years. They will not regrow on any human timeline.
It is too late to avoid long term sea level rise measured in meters. Greenland is losing on the order of 280 billion tons of ice per year. Antarctica is losing over 150 billion tons per year. Even if we halted emissions tomorrow, thermal expansion of warming oceans and destabilized ice sheets would continue raising sea levels for centuries. Coastal cities built for twentieth century shorelines are living on borrowed time.
It is too late to prevent large scale permafrost thaw. Permafrost contains nearly twice as much carbon as the atmosphere. As it thaws, it releases carbon dioxide and methane, amplifying warming. Once thawed, it does not politely refreeze into its prior carbon locked state.
It is too late to prevent entire species from disappearing. Extinction is not a gradient. When a species is gone, it is gone.
You are correct that every tenth of a degree matters. That mitigation still matters. That 1.8 degrees is better than 2.4. That 2.4 is better than 3. That is absolutely true.
But that is not the same as saying we have not crossed tipping points.
Complex systems do not respond like thermostats. They contain thresholds. Ice sheets thin until their grounding lines retreat beyond stable positions. Forests lose resilience until drought and fire push them into new states. Reefs bleach repeatedly until recovery becomes impossible. These are not dramatic cinematic cliffs. They are physical thresholds beyond which return is no longer feasible on meaningful timescales.
When I say too late, I mean too late to keep the world we inherited.
Too late to avoid irreversible losses already locked in by accumulated greenhouse gases. Too late to spare entire ecosystems. Too late to guarantee that future generations inherit coastlines, fisheries, and seasonal stability anything like what we knew.
We are no longer in the phase of prevention. We are in the phase of damage control.
The remaining carbon budget for a fifty percent chance of staying below 1.5 degrees is on the order of a few hundred gigatons of carbon dioxide. At roughly 40 gigatons per year of global emissions, that budget is effectively consumed within this decade under current trajectories. That is not hysteria. That is arithmetic.
So no, there is no single theatrical moment when a siren sounds and the planet declares defeat.
Instead there is a ledger.
Energy added. Ice lost. Species erased. Feedbacks activated.
You can call that one day after another.
I call it a series of doors closing.
Not all of them. Not yet.
But enough that saying it is never too late feels less like science and more like comfort.
Too late does not mean hopeless.
It means the window to preserve the old equilibrium has closed.
What remains is how much more we are willing to lose.
Steven is a lawyer who helped Ecuador sue Chevron who was polluting massively. The Ecuadorians won and secured an historic $9.5 billion judgment because it was so egregious. Did that end the matter? No.
Chevron ran to American courts and argued that Donziger helped secure this judgment by committing fraud. I believe the evidence of this was a video showing a minister and Donziger at a social gathering. The court ruled in Chevron's favor. This made the judgment unenforceable in the US.
As part of all this, Chevron wanted Donziger to hand over all communications and electronic devices associated with the Ecuador prosecution. That is of course attorney-client privilege. But the court agreed and Donziger refused.
But it didn't end there. Chevron (through their law firm) lobbied the Department of Justice to criminally prosecure Donziger for this. The DoJ declined.
But it didn't end there either. Chevron asked the court, and they agreed, to appoint Chevron's own law firm to conduct a private criminal prosecution. You might be asking "what is that?" and you'd be right to be confused. It rarely happens but a civil court can pursue a private criminal prosecution.
Donziger was convicted, disbarred and spent years in home detention over this whole thing. The Appeals Court affirmed all this and the Supreme Court declined to intervene.
So does it surprise me that Greenpeac can get hit by a $345M judgment for hurting the feelings of an oil company? No, no it does not.
If you're interested in this story, I would encourage you to read the full contents of the ruling in this US case. (https://theamazonpost.com/wp-content/uploads/Chevron-Ecuador...) It's long but relatively easy reading, and it contains a lot more evidence against Donziger's side of the story than a video of a social gathering. In particular, it seems absolutely unambiguous to me that his team blackmailed one of the Ecuadorian judges into giving him favorable rulings, implementing the theory repeatedly found in his personal notebooks that "the only way the court will respect us is if they fear us".
> It is our collective assessment that the jury verdict against Greenpeace in North Dakota reflects a deeply flawed trial with multiple due process violations that denied Greenpeace the ability to present anything close to a full defense.
https://www.trialmonitors.org/statement-of-independent-trial...
How very original..
https://www.trialmonitors.org/meet-the-committee
Plenty of accomplished people there, but as a group "unbiased observers" isn't the first phrase that comes to mind.
eg - "As an outsider, why is [the jury and judge] a credible institution over the monitors?"
We should all just give the legal experts time to look over the records of what happened, and assess why. From there, a consensus will likely emerge as to what happened during and before the trial. And the justice or injustice of the matter will present itself.
But you can't have a judge say one thing and some other single expert say another, and from those pieces of information decide anything of an authoritative nature. Our institutions just don't have that type of credibility any longer. This is the consequence of credibility crises for any society's steward classes.
It was a long slide getting here, decades actually. But I think we are firmly now at the point of the "credibility collapse" portion of the "credibility crisis".
https://www.ucs.org/resources/decades-deceit
What are the motives? Follow the money? Who profits most might give an indication of who is more likely wrong.
The Climate Town channel on Youtube has lots of video's on this, such as this one: https://www.youtube.com/watch?v=1J9LOqiXdpE
The facts remain that Greenpeace did in fact attempt to slander (legal definition) the big oil corp.
Maybe you support "win at all costs" in this fight, but don't pretend one side is pure and honest.
https://youtu.be/DOWTDDy6wlg?si=hZsk4likxTi9nC-E
They did tell me that we should oppose gas and "climate denial" because oil companies funded some studies backing their position. If they funded them, or if any author was ideologically biased, we're to dismiss everything in them as dogma or manipulation. Why don't climate alarmists apply the same rules, "follow the money" and "counter institutional bias," to their own beliefs and studies?
Could it be this is more dogmatism and economics than scientific and selfless consensus? If so, shouod we reject it by default until the stuff was all checked by provably-neutral sources with no incentives favoring eithet answer? (Spoiler: Yes!)
Apparently, according to this source, trial monitors.org is a fake organization. There is some evidence that this is a credible accusation.
https://en.wikipedia.org/wiki/Steven_Donziger
It's a great story that documents the shifting winds of legal systems across continents.
My takeaway: there is zero consistency or absolute truth in any legal system.
"Human rights campaigners called Chevron's actions an example of a strategic lawsuit against public participation (SLAPP)"
"Chevron requested that the case be tried in Ecuador and, in 2002, the US court dismissed the plaintiffs case based on forum non conveniens and ruled that Ecuador had jurisdiction. The US court exacted a promise from Chevron that it would accept the decision of the Ecuadorian courts."
"A provincial Ecuadorean court found Chevron guilty in 2011 and awarded the plaintiffs $18 billion in damages. The decision was affirmed by three appellate courts including Ecuador's highest court, the National Court of Justice, although the damages were reduced to $9.5 billion."
But now, *Ecuador must pay Chevron* for damages:
"In 2018, the Permanent Court of Arbitration in The Hague ruled that the $9.5 billion judgment in Ecuador was marked by fraud and corruption and "should not be recognised or enforced by the courts of other States." The amount Ecuador must pay to Chevron to compensate for damages is yet to be determined. The panel also stated that the corruption was limited to one judge, not the entire Ecuadorean legal system."
I'm not sure that's an accurate description. Are "Human Rights" inherently left-wing? Is environmental protection inherently left-wing? Is political corruption inherently right wing?
This is of legal experts each with 30+ years of experience in the fields with which this trial is concerned (environmentalism, corruption, humans rights abuses).
They might or might not have had more valid cases in their respective pasts. But it doesn't seem right to me to term themselves "trial monitors" when they seem pretty plainly biased for one side of the trial. It would be more okay if they had some pro-oil attorneys on their board too, or called themselves "Greenpeace Defenders" or something.
I know, it's hardly the first or the most egregious case of deceptive naming out there. But it's still worth calling out in my opinion, especially when it it still, at the time of this writing, on the top of the HN thread about this, described as if they were unbiased legal experts.