Tag: lawsuit

  • Climate Trial Against Oil Giant Eni Opens in Italy

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    Original article by Stella Levantesi republished from DeSmog

    Greenpeace Italy released a new report that shows oil major Eni is using climate denier technical consultants as a defense strategy in its climate warming lawsuit. Flickr via PRP Channel (CC BY-2.0)

    The case coincides with a new Greenpeace Italy and ReCommon report showing Eni’s technical consultants have wide links to climate denier groups.

    Italy’s first climate change lawsuit brought by Greenpeace Italy and climate advocacy group ReCommon against Italian oil giant Eni opened with its first hearing on February 16, alleging the company contributed to global warming. 

    The hearing comes alongside a new report by Greenpeace Italy and ReCommon, which describes how Eni’s technical consultants in the case have deep ties to the fossil fuel industry and climate deniers. 

    The lawsuit “aims to build on a similar case targeting Anglo-Dutch oil major Royal Dutch Shell in the Netherlands to force Eni to slash its carbon emissions by 45 percent by 2030,” as DeSmog has previously reported.

    At issue in the case is whether or not Eni knowingly contributed to climate change and if it’s responsible for past and future damages. The case is also assessing if the oil giant violated human rights that are protected by the Italian Constitution and international agreements. 

    The cache of documentary evidence in the lawsuit includes two “technical reports” produced for Eni’s defense by consultants who Greenpeace Italy’s new report describes as climate deniers.

    Last week, the two environmental organizations pushed to have the judge hear their witnesses, which include 12 Italian citizens who have been impacted by climate change, the groups’ lawyer Alessandro Gariglio told DeSmog.

    “Now it will be up to the judge to assess whether he considers the documentary evidence presented to be sufficient or, instead, whether he thinks it might be appropriate to hear witnesses and, above all, to order a court-appointed expert opinion,” Gariglio noted. He added that he and his parties are in favor of such a move, “and the counterparties [Eni included] are not.” 

    In a statement to DeSmog, an Eni spokesperson said the company “will prove the groundlessness of Greenpeace and ReCommon’s claims, both legally and factually, in the legal proceedings.” Documentation related to the current lawsuit is available for review on Eni’s website.

    Eni’s Technical Reports

    The technical reports are addendums to one of Eni’s statements of defense and are authored by Carlo Stagnaro, director of research and studies at the think tank Istituto Bruno Leoni (IBL), and Stefano Consonni, professor of Energy and Environmental Systems at the Department of Energy of the Politecnico University in Milan.

    According to Greenpeace Italy, the two consultants are “anything but independent,” and “have expressed climate denial positions” on more than one occasion. 

    Consonni’s resume states that since 1993 he has been “lead investigator” for research financed by multiple oil and gas companies, including Eni, ExxonMobil, and BP Alternative Energy, and the U.S. Department of Energy. 

    Stagnaro’s technical report, Greenpeace says, includes references to Eni’s key climate delay tactics, such as “whataboutism” to obscure the Italian oil giant’s true contribution to global warming. For example, it mentions China’s lack of responsibility in controlling emissions and also the tactic of  diverting accountability towards consumers –  a reference that is repeated 19 times throughout the text.

    Ties to the U.S. Climate Denial Machine

    According to Greenpeace’s report, the think tank IBL has denied man-made anthropogenic climate change in the past and, in the early 2000s, Stagnaro was “among the most active figures” within the institution to import U.S. climate denial theories into Italy.

    In 2006, for example, Stagnaro wrote a briefing called “Climate. We want to be Amerikans,” which includes delayer phrasing such as “climate alarmists.” The briefing states, “Unfortunately, the Kyoto Protocol presupposes a ‘choice of field’ in science: it rests, that is, on the assumption that humans are the root cause,” which is “an assumption that is justified neither by the uncertainty of actual scientific knowledge nor by the complexity of the atmospheric dynamics.”

    To support this, the briefing cites retired astrophysicist Sallie Baliunas, who is associated with many climate denier organizations, including the George C. Marshall Institute. In 2002, in a hearing in the U.S. Senate, Baliunas declared that “since no warming trend in the lower layers of the troposphere was observed, most of the surface warming in recent decades cannot be attributed to a greenhouse effect enhanced by human causes.”

    Stagnaro’s briefing also cites climate denier Bjorn Lomborg and was co-authored by Mario Sechi, current editor-in-chief of far-right Italian newspaper Libero, who is the former director of Eni-owned news agency, AGI, and a former spokesperson for current right-wing Italian Prime Minister Giorgia Meloni.

    At a summit in Rome at the end of January, Meloni unveiled the “Mattei Plan,” named after Enrico Mattei, founder of Eni. The program aims to transform Italy into “an energy hub” distributing fossil fuels extracted from Africa that creates “a bridge between Europe and Africa.” Campaigners in Italy and across Africa have criticized the plan, saying it will promote fossil fuel exploitation and “false solutions.”  Before the initiative was announced, over 50 African groups signed a letter to the Italian government calling for an “end of neo-colonial approaches” and “a more consultative approach.” “This ‘dash for gas’ in Africa is dangerous and short-sighted,” the letter states.

    Eni has also recently come under fire in some Italian media for sponsoring the week-long music and entertainment TV show, Sanremo, which was seen by 70 percent of Italian viewers this year during one of its broadcasts. According to Greenpeace, this sponsorship is “yet another greenwashing operation.”

    Greenpeace’s report underscores the fact that IBL, under Stagnaro’s direction, is part of the Atlas Network, a group of more than 500 “free market” organizations in nearly 100 countries that have supported climate science denial positions and  lobbied against legislation to limit greenhouse gas emissions.

    According to previous DeSmog reports, the Atlas Network is also behind efforts to “brand climate activists as extremists” and “pass anti-protest legislation.”

    Greenpeace’s report reveals that in 2004, IBL also joined the Cooler Heads Coalition (CHC), a U.S.-based pressure group that has worked to promote climate denialism. After calling climate science a hoax for two decades, CHC played an important role in President Donald Trump’s 2017 decision to pull the U.S. from the Paris Agreement.

    Eni’s technical consultants with the Istituto Bruno Leoni (IBL) have ties to U.S. climate denial organizations like the Heartland Institute. Credit: Wikipedia

    According to the Climate Investigations Center, from 1997 to 2015, members of CHC received “upwards of $98 million dollars in donations from Exxon Mobil, conservative foundations, and dark money organizations.”

    According to another report by Italian news outlet Il Fatto Quotidiano, in 2010, Exxon contributed $30,000 to IBL and Eni gave the group 12,000 euros.

    In 2008, IBL also co-sponsored the event “Global Warming Is Not a Crisis” with the Heartland Institute, which has been at “the forefront” of denying scientific evidence for climate change.

    IBL’s position seems to have softened over the years, Greenpeace’s report mentions, with Stagnaro tweeting in November 2019 that, “The position of the @istbrunoleoni on #climate is that: 1. climate change exists and is also due to humans 2. Emissions must be reduced 3. Not all policies that aim to reduce emissions work or are efficient.”

    However, in 2018, IBL promoted the launch of “In Defense of Fossil Fuels,” a book by Alex Epstein who, according to investigative group Documented, “influences oil policy directly as a member of the Interstate Oil and Gas Compact Commission,” which is “a powerful quasi-regulatory body that lobbies for oil and gas interests.”

    “Can the report of someone who has often personally embraced and disseminated climate change denialist positions be considered reliable in the context of climate litigation?” asks Greenpeace Italy and ReCommon, who have named their campaign for the lawsuit “The Just Cause.” Can it “be considered free of judgment if that same expert has received funding from that same company in the past?” the plaintiffs ask.

    In response, Eni’s website reads, “There is little that is ‘just’ about this action. “The plaintiffs are in fact asking the court to declare Eni “responsible” for damages suffered and future damages resulting from climate change, to which the company has allegedly contributed with its conduct over the past decades.” 

    This “false narrative,” Eni continues, is based on an “obvious instrumental approach” aimed at “demonizing” the business.

    Greenpeace Italy and ReCommon stated that they hope the judge will “reject the numerous and specious objections made by Eni” to allow “a radical change in the company’s industrial strategies.”

    Original article by Stella Levantesi republished from DeSmog

  • Chicago Joins ‘Historic Wave of Lawsuits’ Against Big Oil

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    Original article by BRETT WILKINS republiahed from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

    Environmental activists march during the Global Climate Strike in downtown Chicago, Illinois, on September 15, 2023.  (Photo: Kamil Krzaczynski/AFP via Getty Images)

    The city alleges the industry “funded, conceived, planned, and carried out a sustained and widespread campaign of denial and disinformation about the existence of climate change and their products’ contribution to it.”

    Chicago on Tuesday joined the growing list of U.S. cities and states suing Big Oil for lying to the public about how burning fossil fuels causes and exacerbates the climate emergency.

    The administration of Chicago Mayor Brandon Johnson, a progressive Democrat, filed a lawsuit in Cook County Circuit Court against ExxonMobil, Chevron, BP, Shell, ConocoPhillips, Phillips 66, and the industry lobby American Petroleum Institute, which “funded, conceived, planned, and carried out a sustained and widespread campaign of denial and disinformation about the existence of climate change and their products’ contribution to it.”

    “The climate change impacts that Chicago has faced and will continue to face—including more frequent and intense storms, flooding, droughts, extreme heat events, and shoreline erosion—are felt throughout every part of the city and disproportionately in low-income communities,” the suit contends.

    In a statement, Johnson said that “there is no justice without accountability.”

    “From the unprecedented poor air quality that we experienced last summer to the basement floodings that our residents on the West Side experienced, the consequences of this crisis are severe, as are the costs of surviving them,” he added. “That is why we are seeking to hold these defendants accountable.”

    Climate campaigners welcomed the lawsuit.

    “Big Oil has lied to the American people for decades about the catastrophic climate risks of their products, and now Chicago and communities across the country are rightfully insisting they pay for the damage they’ve caused,” Center for Climate Integrity president Richard Wiles said in a statement.

    “With Chicago, the nation’s third largest city, joining the fray, there is no doubt that we are witnessing a historic wave of lawsuits that could finally hold Big Oil accountable for the climate crisis they knowingly caused,” he added.

    Chicago joins eight U.S. states plus the District of Columbia and numerous municipalities across the country that have sued to hold Big Oil accountable for deceiving the public about its role in the climate emergency.

    “To date, eight federal appeals courts and dozens of federal district courts have unanimously ruled against the fossil fuel industry’s arguments to prevent these lawsuits from moving forward in state courts,” noted the Center for Climate Integrity. “In 2023, the U.S. Justice Department added its support for the communities. The U.S. Supreme Court has denied Big Oil petitions to consider the industry’s appeals of those lower court rulings three separate times, most recently in January.”

    Angela Tovar, Chicago’s chief sustainability officer, told the Chicago Sun-Times that “the fossil fuel industry should be able to pay for the damage they’ve caused.”

    “We have to see accountability for the climate crisis,” she added.

    Original article by BRETT WILKINS republiahed from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

  • ‘Earth Needs Our Help’: California Kids Sue EPA Over Climate Pollution

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    Original article by JESSICA CORBETT at Common Dreams shared under Creative Commons (CC BY-NC-ND 3.0). 

    Children in California are suing the U.S. Environmental Protection Agency.  (Photo: Our Children’s Trust)

    “We’re challenging the EPA’s failure to protect us. The air we breathe has become a casualty of their opposition.”

    As the United Nations climate talks cast a spotlight on the fossil fuel-driven climate emergency, the U.S. law firm Our Children’s Trust on Sunday launched a constitutional lawsuit against the Biden administration on behalf of 18 California children “growing up with polluted air and a government-imposed and -sanctioned climate crisis.”

    Filed in the U.S. District Court in the Central District of California, the complaint takes aim at the federal government, the Environmental Protection Agency, and its administrator, Michael Regan, arguing that the “EPA’s conduct in controlling the pollution that enters the nation’s air actively discriminates against children, and these plaintiffs, knowingly causing them disproportionate harm compared to similarly situated adults and burdening them with a lifetime of hardship.”

    Avroh, a 14-year-old plaintiff, said in a statement Monday that “we are experiencing what no one should have to experience. We’re facing constitutional negligence. We’re challenging the EPA’s failure to protect us. The air we breathe has become a casualty of their opposition.”

    Another plaintiff, 8-year-old Neela, said that “I believe kids can make a difference and the Earth needs our help. I want to help protect the people and places I love. I’m excited to be a part of this case and be a voice for all kids who deserve a healthy environment.”

    “We feel a constant worry about the future, and all around us no one is moving fast enough.”

    Catherine Smith, of counsel to Our Children’s Trust—which secured a landmark victory while representing Montana youth in state court earlier this year—argued that “in times like this, when the legislative and executive branches have breached their obligation to young people by intentionally allowing climate pollution and explicitly discounting children’s lives in some political or economic calculus fully aware of its consequences to youth, courts must serve as a constitutional backstop to end it.”

    The plaintiffs—who are ages 8-17—are seeking “a declaratory judgment that as children they are entitled to a heightened level of
    judicial review over government conduct that burdens them with lifetimes of hardship, that they are members of a constitutionally protected class, and that defendants have violated their constitutional rights,” according to the complaint.

    “They also seek declaratory relief that defendants have infringed their fundamental rights to life, including their personal security and happiness, and in so doing have also acted outside the scope of their delegated authority,” the filing adds. “Plaintiffs seek further relief as deemed necessary and proper to enforce a declaratory judgment after the facts are found and the legal conclusions of the district court are rendered on a full evidentiary record.”

    Noah, a 15-year-old plaintiff, warned that “time is slipping away, and the impact of the climate crisis is already hitting us directly. We are running from wildfires, being displaced by floods, panicking in hot classrooms during another heatwave.”

    “We feel a constant worry about the future, and all around us no one is moving fast enough,” Noah noted. “The Constitution guarantees every American the rights to life, liberty, and the pursuit of happiness including and especially children.”

    Our Children’s Trust chief legal counsel Julia Olson declared that “these children are rising up from fire, smoke, heat, and flood to share their stories of physical harm and despair, along with their clarion call to adults—’our equal rights to life matter as much as yours.’”

    “There is one federal agency explicitly tasked with keeping the air clean and controlling pollution to protect the health of every child and the welfare of a nation—the EPA,” she continued. “The agency has done the opposite when it comes to climate pollution and it’s time the EPA is held accountable by our courts for violating the U.S. Constitution and misappropriating its congressionally delegated authority.”

    In addition to representing youth plaintiffs in Held v. State of Montana—which the state is now appealing—Our Children’s Trust is the group behind Juliana v. United States, the constitutional climate lawsuit first filed on behalf of 21 young people in 2015. While a June ruling put Juliana on track to proceed to trial, the Biden administration continues its battle to quash the case.

    E&E News reported Monday that “while Juliana targets a swath of government agencies,” the new case, Genesis B. v. EPA, singles out one agency. Our Children’s Trust senior staff attorney Andrea Rodgers explained that the firm hopes the focus will mean that the EPA “won’t fight this case” in the way that the Obama, Trump, and Biden administrations have targeted Juliana.

    Original article by JESSICA CORBETT at Common Dreams shared under Creative Commons (CC BY-NC-ND 3.0). 

  • $8.6 Million Shell Lawsuit Threatens Greenpeace’s Ability to Protest

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    Original article by OLIVIA ROSANE republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0). 

    Four Greenpeace activists are pictured on a Shell vessel in the Atlantic Ocean on January 31, 2023.
    Four Greenpeace activists are pictured on a Shell vessel in the Atlantic Ocean on January 31, 2023.

    “I will stand up in court and fight this; and if Shell refuses to stop drilling, I refuse to stop fighting for climate justice,” one activist named in the suit said.

    Oil giant Shell is menacing Greenpeace International and Greenpeace U.K. with a lawsuit that represents “one of the biggest legal threats against the Greenpeace network’s ability to campaign in its more than 50-year history,” the environmental group revealed Thursday.

    The lawsuit comes in response to a protest in January in which activists boarded one of the Shell’s oil platforms while it was en rote to a North Sea oil field. Shell has given Greenpeace a choice between facing a full $8.6 million in damages or settling for a reduced charge of $1.4 million and a promise never to protest on Shell infrastructure again.

    “Shell is trying to silence my legitimate demands: that it must stop its senseless and greedy pursuit of fossil fuels and take accountability for the destruction it is wreaking upon the world,” Yeb Saño, executive director of Greenpeace Southeast Asia, said in a statement.

    Saño, who is one of the activists named in the suit, attempted to board the platform and then met it in port in Norway to protest its arrival.

    “I will stand up in court and fight this; and if Shell refuses to stop drilling, I refuse to stop fighting for climate justice,” Saño continued.

    The protest that triggered the suit lasted from January 31 to February 12. Four Greenpeace activists used ropes to haul themselves onto the vessel while it was moving at full speed off the Canary Islands, Reuters reported. They stayed occupying the platform until it reached Norway. The platform was set to be used in the Penguins oil and gas field in the North Sea, which has not yet started production.

    “He’s trying to crush Greenpeace’s ability to campaign, and in doing so, seeking to silence legitimate demands for climate justice and payment for loss and damage.”

    The platform, the Penguins floating production storage and offloading unit, was the first new vessel that Shell had sent to the northern part of the North Sea in 30 years, Greenpeace said. While the protest was ongoing, Shell announced record 2022 profits of almost $40 billion. Greenpeace wanted Shell to stop extracting new oil and gas and to pay into a loss and damage fund to help vulnerable countries respond to the climate crisis. The activists carried signs reading, “Stop drilling—start paying,” The Guardian reported.

    Saño said he had a personal reason to object to Shell’s business model.

    “I have lived through the devastation caused by Shell and companies like them,” he said in a statement. “Ten years ago I spoke at COP global climate talks while my brother was still missing in the fallout from Super Typhoon Haiyan. Incredibly, he survived, but he helped carry the bodies of 78 innocent people who tragically did not.”

    During the occupation itself, Shell and platform builder Fluor promised to seek more than $120,000 in damages. However, in a document seen by Reuters, Shell is now demanding $2.1 million in damages related to shipping delays, security, and legal costs, and Fluor is seeking $6.5 million. The suit was filed in London’s High Court.

    “The right to protest is fundamental, and we respect it absolutely. But it must be done safely and lawfully,” a Shell spokesperson said in a statement reported by The Guardian. “Shell and its contractors are entitled to recover the significant costs of responding to Greenpeace’s dangerous actions.”

    While Shell has offered to reduce the damages if Greenpeace stops protesting its infrastructure, Greenpeace answered that it would only agree if Shell promised to obey a Dutch court order to cut its emissions by 45% of 2019 levels by 2030.

    Greenpeace said that negotiations between it and Shell had wrapped up and the organization had been waiting for details, or “particulars,” from Shell since November 1.

    Areeba Hamid, co-executive director of Greenpeace U.K., said the lawsuit reflected the climate-polluting direction of Shell under new CEO Wael Sawan, who took the reins in early 2023. Under his leadership, Hamid said, “Shell’s abandoned any pretence of good intentions, and is brazenly embracing a sinister strategy that’s not just risky for shareholders, but completely devastating for people on the frontlines of the climate crisis. Sawan’s ditching green policies, sacking former colleagues from his renewables division, and he’s gaslit the world by claiming a retreat from fossil fuels would be ‘dangerous.’”

    “Now he’s trying to crush Greenpeace’s ability to campaign, and in doing so, seeking to silence legitimate demands for climate justice and payment for loss and damage,” Hamid continued. “We need this case to be thrown out and for Shell to be regulated by the government because it’s clear Sawan is hell-bent on profit, regardless of human cost.”

    Original article by OLIVIA ROSANE republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0). 

    Greenpeace image, sign reads CHOOSE OCEANS, NOT OIL
    Greenpeace image, sign reads CHOOSE OCEANS, NOT OIL

  • Rupert Murdoch deposition in Dominion-Fox lawsuit delayed until next week

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    https://www.msn.com/en-us/money/companies/rupert-murdoch-deposition-in-dominion-fox-lawsuit-delayed-until-next-week/ar-AA16jugr

    …

    Fox Corp. Chairman Rupert Murdoch is now slated to appear for a deposition later in January as part of Dominion Voting’s defamation lawsuit against the company and its cable news networks.

    The deposition is set to occur Thursday and Friday next week, according to court filings. Murdoch had initially been scheduled to appear for a deposition in December via video call, but he’s now set for an in-person questioning on the Fox Studio lot in Los Angeles, according to a person familiar with the matter. The person declined to be named because they are not authorized to discuss the matter publicly.

    Most recently, his son and Fox CEO Lachlan Murdoch faced questioning as part of the lawsuit.

    Dominion has brought a $1.6 billion lawsuit against Fox, arguing that Fox News and Fox Business made false claims that its voting machines were rigged in the 2020 presidential election between Donald Trump and Joe Biden.

    …