A five-step guide from Greenpeace

Are you a climate activist? A citizen concerned for the environment? If so, this guide to SLAPP cases might be just for you!  

SLAPP stands for “strategic lawsuit against public participation.” These lawsuits are used by corporations attempting to diminish or even stop civil society activism. This five-step guide may prepare you for when your actions for a healthy environment become so impactful that Big Oil decides it’s time to SLAPP back.

While SLAPPs mostly lack any kind of merit and don’t have to result in a victory to satisfy the corporate bullies, if Big Oil does win its intimidation lawsuits against Greenpeace, it would make defending the environment (or any other form of civil engagement) so much more dangerous.

Step 1: Know the problem 

The world is experiencing unprecedented heating. Planet-warming emissions from international oil and gas companies like Chevron, ExxonMobil, Shell, TotalEnergies, ENI, and Equinor are fueling floods, storms, drought, and wildfires across every continent. Ordinary people, who did little to create this crisis, are paying with their homes, their livelihoods and even with their lives.

Cars are piled up in the street like river stones following severe flooding in Spain
Greenpeace documents possible causes of the enormous impact of torrential rains in eastern and southern Spain. Greenpeace documenta posibles causas del enorme impacto de las lluvias torrenciales en el este y el sur de España

For decades, dirty energy companies have known about climate change. And they did everything to delay and block actions to reduce our dependence on fossil fuels. 

Step 2: Confront the core of the problem

Politicians anywhere know there’s nothing cheaper than promises. Over one hundred countries have adopted commitments to reduce their emissions to net zero (even if these aren’t enough). But taking action is another matter entirely. It requires confronting Big Oil – something most governments hesitate to do. 

That’s why we campaign against Big Oil.

Activists hold placards reading "ITS A CLIMATE EMERGENCY", "EVICT OMV" and "KNOW YOUR ENEMY" outside Austrian Oil company OMV's office in Wellington.
Activists hold placards reading “ITS A CLIMATE EMERGENCY”, “EVICT OMV” and “KNOW YOUR ENEMY” outside Austrian Oil company OMV’s office in Wellington.

Our protestsinvestigations and litigation are pushing governments to make better commitments and follow through on them. And polluting companies are finding themselves on the losing side.

Step 3: Make them panic

In the last year alone, the UK Supreme Court has ruled against oil drilling plans, Greenpeace UK supported Swiss Senior Women for Climate Protection in a case against their government, and the world’s highest ocean court ruled in favour of small island states threatened by rising sea levels by labelling the fossil fuel industry’s emissions as marine pollution. As opposition increases, Big Oil is running out of arguments for continuing its polluting practices. So they are shifting strategy to silence critics.

Disrupting Oil Survey in New Zealand. © Malcolm Pullman / Greenpeace
Inflatables and a boat with Greenpeace activists disrupt the seismic testing carried out by Brazilian oil giant Petrobras in Raukumara Basin, off East Cape, North Island. Banners are displayed reading “Stop deep sea oil”. Deep sea oil drilling is being opposed because of the risk of oil spills polluting marine life and coastlines and the impact of climate change when the oil is burnt. © Malcolm Pullman / Greenpeace

Here in Aotearoa, for a decade, along with iwi, hapū and other environmental groups the length of the country, we fought off international oil company after international oil company until they’d all left and the Ardern Government had banned new oil and gas exploration permits. During that time they spied on us, colluded with the Government to outlaw peaceful protest via the so-called Anadarko Amendment and still we prevailed. They’re unlikely to come back even now that Prime Minister Luxon is threatening to open the door again.

Over 30,000 people have signed our open letter to the oil industry, promising resistance.

Open letter to the oil industry

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Since 2022, oil and gas companies have taken intimidation lawsuits against Greenpeace organisations (read more about what SLAPPs are) to a new level: They didn’t like our reports (TotalEnergy vs. Greenpeace FranceENI vs. Greenpeace Italy and others) or the peaceful actions we took (Shell vs. Greenpeace UK and others). 

At the core of it all, Big Oil feels threatened by the power of the climate movement, which Greenpeace is part of. 

Using their eye-watering profits, they can afford to launch SLAPP cases, designed to slow us down and distract us from campaigning. 

Step 4: Get sued, big time!

The most concerning lawsuit comes from a US oil and gas pipeline company, Energy Transfer. The allegations are truly ridiculous, but Energy Transfer’s lawsuit stands out because it doesn’t just seek to intimidate. It seeks to annihilate. If Energy Transfer wins – Greenpeace in the US might cease to exist. 

The Chairman of Energy Transfer Partners is Kelcy Warren, a Texan billionaire. Under his watch, the US government launched investigations into Energy Transfer, which spilled millions of gallons of mud laced with toxic substances into a pristine wetland. 

Since 2016, Mr. Warren has also been a top donor to fossil fuels-friendly politicians.

Step 5: Fight back

Big Oil needs to know that trying to silence environmental defenders will cost it more than legal fees.

30 people from various groups, including a team of Greenpeace climbers,  board the Skandi Atlantic, a support vessel for OMV’s oil rig. To stop the ship leaving port, some locked themselves to various places aboard while a team of Greenpeace climbers, including Austrian Greenpeace activist Magdalena Bischof, locked themselves to its derrick and mooring lines.
30 people from various groups, including a team of Greenpeace climbers, board the Skandi Atlantic, a support vessel for OMV’s oil rig. To stop the ship leaving port, some locked themselves to various places aboard while a team of Greenpeace climbers, including Austrian Greenpeace activist Magdalena Bischof, locked themselves to its derrick and mooring lines.

That’s why we campaign globally for Big Oil to stop drilling and start paying for their climate impacts. It’s the polluters in chief – not the people – who should foot the bill. And here in Aotearoa New Zealand, we are very clear that there should be no new oil and has exploration.

Dirty energy companies are rich. They have thousands of lawyers and have invested billions in public relations and greenwashing. But we’ve got each other –– and our movement is bigger, braver and more determined than they could ever dream of. 

Will you rise up with us?

  1. Share this story. The more people talk about Big Oil’s intimidation campaign, the less likely it will succeed. Sharing helps bring to light the anti-democratic tactics of some of the world’s most polluting companies in the oil and gas industry.
  2. Sign our open letter to the oil industry and make sure they know that returning to New Zealand would be a bad idea. 
  3. Donate: Our supporters help us face up to Big Oil’s intimidation and demand that polluters – not the people – are made to pay for climate damages. 

Together, we are growing in power, and that is making Big Oil desperate. Join us now.

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Donate to Greenpeace today. We take no money from corporations or governments. Our independence and ability to speak and act freely is our greatest strength. To maintain that freedome, we rely on the generosity of people like you to keep us in action.

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This story was adapted from the original by Tal Harris on the Greenpeace International website.