Advertise on podcast: Damages

Greenpeace, which was only tangentially involved in the Standing Rock protests, has been slapped with a $666 million bill for damages...despite the fact that the Dakota Access Pipeline was built, and has been making Energy Transfer millions of dollars for years. How did we get here? Cody Hall, an Indigenous water protector who was a key figure during the Standing Rock protests and was initially also targeted in Energy Transfer's suit, walks us through how things went down back in 2016 and 2017, and where this suit began. Learn more about your ad choices. Visit megaphone.fm/adchoices

This season on Drilled, an Indigenous nation fighting for its water, an international environmental movement finding its voice, and an industry attempting to crush its political opposition. Learn more about your ad choices. Visit megaphone.fm/adchoices

A new report from the Union of Concerned Scientists compiles in one place all the documentary evidence on the role of fossil fuel companies in obstructing climate policy. We walk through the latest, and get an update on climate cases in the U.S. Learn more about your ad choices. Visit megaphone.fm/adchoices

In November, a Dutch court ruled in Shell's favor on an appeal in a big international climate case. It got loads of headlines around the world, but it wasn't quite the win for Shell that a lot of media coverage has made it out to be. Although it walked back some things, the court reaffirmed a key component of the original ruling: that Shell is legally required to reduce its global emissions. Learn more about your ad choices. Visit megaphone.fm/adchoices

In 2007, the Supreme Court ruled in Massachusetts vs. EPA that when the U.S. Congress passed the Clean Air Act in 1970, climate science was “in its infancy,” implying that government officials could never have intended for the legislation to cover the regulation of greenhouse gas emissions. In 2022, SCOTUS doubled down on that idea, ruling in West Virginia v EPA that since the Clean Air Act didn't explicitly talk about climate change, the EPA cannot regulate greenhouse gas emissions. Now, new historical evidence unearthed by a team of Harvard University researchers led by Naomi Oreskes calls the court's understanding of the history of climate science into question, which could have major implications for the government's ability to regulate climate-changing emissions. Learn more about your ad choices. Visit megaphone.fm/adchoices

In 2017, El Salvador became the first country in the world to pass an outright ban on mining. It was an effort to protect the country's water, and its people. Now, self-proclaimed "coolest dictator in the world" Nayib Bukele wants to bring mining back to boost the economy, which took a major hit thanks to his embrace of Bitcoin as the national currency in 2021. The activists who helped pass the ban are standing in his way. The solution? Accuse them of a decades-old unsolved murder. The activists go on trial this week. Reporter Sebastian Escalon brings us this story, narrated by Yessenia Funes. Learn more about your ad choices. Visit megaphone.fm/adchoices

Public Citizen has been working with various prosecutors to explore the idea of using criminal law to hold oil companies accountable for climate change. In the wake of recent Supreme Court rulings, it seems smarter than ever to explore the remedies offered by criminal law, but is it really viable? The group's senior climate policy counsel, Aaron Regunburg, joins us to discuss. Learn more about your ad choices. Visit megaphone.fm/adchoices

The backlash against ESG is continuing, with a string of lawsuits aimed at shutting down shareholder activism. We don't often talk about shareholder activism in the vein of protecting protest, but it's absolutely part of the story. Andrew Behar, CEO of shareholder advocacy group As You Sow, joins us to explain what's going on, and why anyone who cares about basic rights needs to be tuning into the ESG fight. Learn more about your ad choices. Visit megaphone.fm/adchoices

Lots of news lately on stories we've been following, so in today's episode: an update! The landmark Carbon Majors report has been updated with some surprising new data, and the European Court of Human Rights has sent down an historic ruling that will shape how EU legislators look at energy and climate. Learn more about your ad choices. Visit megaphone.fm/adchoices

Shell announced in late 2023 that it would be shutting down all of its onshore activities in Nigeria and concentrating its efforts offshore. It leaves behind poisoned water, multiple political and economic crises, and a country that is measurably worse off today than when its oil industry began. Meanwhile the government continues to target environmental activists. Learn more about your ad choices. Visit megaphone.fm/adchoices

The U.S. government's definition of what constitutes an "ecoterrorist" has long driven backlash against environmental activists and in recent years that definition has only broadened. Investigative reporter and Drilled senior editor Alleen Brown dug into this recently and found that the Department of Homeland Security had been warning officials in Atlanta about the threat posed by "Defend the Atlanta Forest" for months before police raided the forest, ultimately killing one protestor, and charging dozens more with domestic terrorism and racketeering. It was such an overreaction that even mainstream media covered it. Learn more about your ad choices. Visit megaphone.fm/adchoices

In June 2022, Michel Forst became the first UN Special Rapporteur on Environmental Defenders. In that role he has spent the past year visiting various countries and speaking out about the increasingly onerous laws and aggressive tactics being used against climate protestors. Today he released a statement on the UK, saying he is "extremely worried" about "the increasingly severe crackdowns on environmental defenders in the United Kingdom, including in relation to the exercise of the right to peaceful protest." In this episode, our France reporter Anna Pujol-Mazzini talks to Forst about his new position, what it means, and what power he has to do something about the creeping crackdown on climate protest. Learn more about your ad choices. Visit megaphone.fm/adchoices

About a decade after UK courts made history with the first "climate necessity" ruling in history, the UK government has passed new laws that not only restrict what protesters can do, but also how protesters are allowed to defend themselves in court. Some judges don't apply the new laws so strictly, but others have held people in contempt for just trying to explain themselves. In some courtrooms, the climate necessity defense has been effectively outlawed. How did that happen? And how did it happen so quickly? That's our story today. Learn more about your ad choices. Visit megaphone.fm/adchoices

While protests against the Dakota Access Pipeline at the Standing Rock Sioux Indian Reservation garnered international news coverage, at the southern end of the pipeline, cops moonlighting as pipeline security were suppressing free speech with impunity. In this episode, reporter Karen Savage tells us what happened at Bayou Bridge, and what lessons the story holds for the climate movement and for anyone who believes in the importance of democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices

In December 2023, the U.S. Army Corps of Engineers closed the comment period on its draft Environmental Impact Statement for the Dakota Access Pipeline, a 1,172-mile pipeline that’s been pumping 500,000 barrels of oil per day since May 2017. The pipeline runs from the Bakken oil fields in North Dakota to southern Illinois, crossing the Missouri and Mississippi Rivers. Over the past six years, every court in the country has ruled that the Army Corps of Engineers did not study the pipeline’s environmental impact closely enough before approving the pipeline’s route. The Standing Rock Sioux tribe has maintained all along that the project poses a serious threat to its drinking water. From April 2016 to February 2017 thousands of water protectors from all over the country (and beyond) joined them in protests and direct actions. The resistance at Standing Rock is often cited by the fossil fuel industry, police and politicians as the reason states need new anti-protest laws, while the backlash to that resistance is often cited by water protectors as the reason for PTSD, asthma, and in some cases lost eyes and limbs. Now, the Army Corps of Engineers says that removing the pipeline would be too damaging to the Missouri River and its surrounding ecosystems. The removal actions it describes in its EIS are the same actions taken to install the pipeline in the first place. The Army Corps suggests that removing the pipeline would be more environmentally harmful than allowing the oil to continue pumping under one of Standing Rock's primary drinking water sources. Nonetheless, this report—seven years late—represents one of the few pathways left to stop the pipeline. The Standing Rock Sioux tribe is advocating to seal the pipeline off, while some water protectors are advocating for the pipeline to be removed entirely. Learn more about your ad choices. Visit megaphone.fm/adchoices