For the past year, Greenpeace has been quietly embroiled in a lawsuit the environmental group says is designed to sue it 鈥渙ut of existence.鈥
The suit, a $220-million behemoth that鈥檚 received little media attention since it was filed in May 2016 in federal court in the southern district of Georgia, was brought by one of the largest forestry and newsprint companies in the world, Canada鈥檚 Resolute Forest Products. Greenpeace has been a fierce critic of Resolute鈥檚 logging practices in Canada鈥檚 sensitive boreal forests. And while the group has regularly been on the receiving end of legal action, this is no trespassing or defamation case. Instead, Resolute has brought a case forward that鈥檚 defined as much by its aggressive legal strategy as its apparent intention to punish the eco-group.
, the logging giant claims that Greenpeace is an illegal enterprise, a racket designed only to raise money. And, by using a law designed to take down organized criminal enterprises like the mafia, Resolute is aiming to bury the eco group in debt and silence its critic, by several First Amendment groups.
“[Greenpeace]聽has demonstrated time and time again that it will do anything to drive donations, including fabricating evidence.”
鈥淭his is not right,鈥 says Greenpeace spokesman Rodrigo Estrada. 鈥淭his is a complete attack on free speech.鈥
Resolute鈥檚 suit argues that Greenpeace is in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), an exceptionally powerful law enacted in 1970 to put corrupt entities like the mob out of business. The legal tactic allows Resolute to sue Greenpeace for triple any damages it says the environmental group has caused. So far, Resolute asserts, Greenpeace has cost the company about 100 million Canadian dollars in lost revenue due to its and convince costumers to drop the company鈥檚 paper products.
鈥淩ICO is purposely designed to put corrupt organizations鈥攔acketeers鈥攐ut of business,鈥 says James Wheaton, senior counsel at the , a non-profit group that provides free legal services for defendants in free speech cases. 鈥淲hen you take that blunderbuss and point it at a non-profit, the effect is pretty stunning.鈥
Tuesday, 聽the case to the northern district of California, where many of Greenpeace鈥檚 defendants are based. Estrada hailed the decision 聽as a victory because of the state鈥檚 strong free speech laws.聽And several hours earlier, 聽pushing back against Resolute鈥檚 suit and trying to rally allies to its side.
The lawsuit, Greenpeace鈥檚 report says, 鈥渃ould impact individuals and groups across civil society that seek to make positive changes by making it too expensive and risky to engage in free speech, advocacy, informed expert opinions, and even research.鈥 Some of Resolute鈥檚 most prominent customers, the report notes, are companies that rely on free speech to exist鈥攑ublishers including Penguin Random House. Several newspapers, like News Corp鈥檚 Wall Street Journal, are printed on Resolute鈥檚 paper, too. If Greenpeace loses, says Amy Moas, a campaigner and defendant in the suit, 鈥渘ot only could it mean a world without Greenpeace and the 45-year record of a movement to protect the environment, but a world where free speech becomes more restricted for advocacy groups, individuals, artists, journalists, and publishers.鈥
The lawsuit marks the bitter end of a detente that began in 2010. That year, Greenpeace and several other environmental groups and forestry companies, including Resolute, . The companies agreed to suspend logging in 29 million hectares of boreal forest to preserve old growth and ensure that the threatened boreal caribou could thrive. In return, Greenpeace and the other environmental groups agreed to drop any boycotts they were promoting against the forestry companies. In Canada, where forestry is big business, environmental groups like Greenpeace had been publicly condemning Resolute and others for logging in sensitive areas for decades. described it as a landmark 鈥減eace agreement鈥 between two warring factions.
鈥淭his is a聽complete attack on free speech.鈥
But by December 2012, the truce had faltered. Greenpeace and other environmental groups .聽Greenpeace then published photos that it claimed showed Resolute鈥檚 destructive activities, like road-building, in the protected forest areas. But the photos, it turned out, weren鈥檛 actually taken in the protected areas and . Soon after, Resolute sued Greenpeace for defamation in Canadian court. (Greenpeace says the evidence the photos purported to show was not the only reason the group pulled out of the forest agreement. The group also notes in its report that by end of 2013, 鈥渆very environmental organization had either left the agreement or publicly broken off dialogue with Resolute鈥 because the company 鈥渨ould not do the minimum that the science says is required to protect our forests.鈥)
Resolute says in its court complaint that it lived up to its part of the bargain, and that there is 鈥渘o evidence鈥 it ever deviated. Greenpeace, the company says, has made exaggerated claims about the effect Resolute鈥檚 logging had on caribou habitat. The environmental group 鈥渨ill be held accountable鈥 for its false claims and fake photos, Resolute VP for communications and sustainability Seth Kursman wrote in an email to 国产吃瓜黑料. The group鈥檚 behavior is 鈥渞eprehensible,鈥 he added. , Kursman argued that Resolute has a 鈥渕oral and ethical obligation鈥 to go after 鈥渂ullies鈥 like Greenpeace.
鈥淕reenpeace is a fraud,鈥 .聽It goes on to say that Greenpeace鈥檚 true focus is on 鈥渆motionalizing鈥 issues and raising funds rather than any lofty environmental initiatives. 鈥淏ecause soliciting money, not saving the environment, is Greenpeace鈥檚 primary objective,鈥 Resolute argues, 鈥渋t has demonstrated time and time again that it will do anything to drive donations, including fabricating evidence鈥濃攁 reference to the photos Greenpeace retracted. Greenpeace, the suit alleges, is an 鈥渋llegal enterprise鈥 and its efforts to disseminate information about Resolute鈥檚 logging practices constitute mail and wire-fraud, since the group uses its campaign to fundraise and pitch donors. Greenpeace, the filing continues, is a 鈥渞ogue environmental group engaged in illegal and unethical behavior to make money for itself and its leaders.鈥
Whether Greenpeace is 鈥渞ogue鈥 or not will be up for the courts to decide. The far-left advocacy group is indeed known for its controversial stunts and die-hard resistance to corporate malfeasance and environmental degradation. ( is just the most public example of its advocacy.) The group is regularly condemned鈥攁nd lionized鈥,听补苍诲 in the past has 听补苍诲 聽in its campaigns. , Greenpeace鈥檚 attorneys argued that statements the group made about Resolute鈥檚 logging were 鈥渘on-actionable opinion and rhetorical hyperbole protected by the First Amendment.鈥
Regardless of the veracity of Greenpeace鈥檚 statements, Resolute alleges, the group has cost the logging company millions of dollars in lost revenue. In November 2014, Greenpeace launched a boycott of Best Buy urging the company to stop using Resolute鈥檚 paper products to print its mailers and catalogues. 鈥淏est Buy is wasting ancient forests, one flyer at a time,鈥 . On Black Friday that year, over 50,000 Greenpeace supporters flooded the retailer鈥檚 site with fake reviews and emails. Resolute鈥檚 suit alleges that a hacking group shut down Best Buy鈥檚 website that day, as well. By December, that it would find another source for its paper.
To Greenpeace, the move was intended to convince Resolute to improve its environmental practices. To Resolute, it was an attack. 鈥淩eal peoples' lives have been impacted. People have lost their jobs and the socio-economic repercussions in communities has been vast,鈥 Kursman said, noting that the company had 鈥渃losed machines and mills鈥 because of 鈥渕isinformation鈥 from Greenpeace. The lawsuit Resolute filed last May is meant to recoup damages Greenpeace has cost the company, according to Resolute鈥檚 court filing.
But according to first amendment groups, the case may well be an effort by Resolute to silence its most outspoken critic by burdening it with heavy legal spending. The First Amendment Project鈥檚聽Wheaton says this is an example of聽a lawsuit聽called a SLAPP suit, meaning a 鈥渟trategic lawsuit against public participation.鈥 Often, Wheaton says, plaintiffs don鈥檛 even expect to win their SLAPP suits鈥攖hey just use them to crush opponents with hefty legal fees. 鈥淭hey鈥檙e intended to threaten. And the threat is intended to divert your attention, tie up your resources, drive away supporters and legalize political disputes,鈥 says Wheaton, who teaches first amendment and media law at Stanford and Berkeley鈥檚 journalism schools.
鈥淭his is a classic SLAPP,鈥 Wheaton says. 鈥淚t鈥檚 not just a classic SLAPP, it鈥檚 the paradigm of a developer or resource extractor angry at their environmental non-profit critics and lashing out at them.鈥 The First Amendment鈥檚 broad protections on free speech, combined with anti-SLAPP laws in Georgia, where the case was filed, means that Wheaton ultimately thinks the law is on Greenpeace鈥檚 side. 鈥淚鈥檓 quite confident that Resolute is going to lose,鈥 he says, in the long run. 聽
But in the meantime, Greenpeace is still on the hook for ballooning legal costs. The court聽in California will now聽consider聽pre-trial motions before the case moves forward and, Greenpeace鈥檚 Estrada says, 鈥渁nything could happen.鈥