The Real Free Speech Threat: How UK Courts Became the New Climate Protest Battleground

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

As we resume our season focused on the global criminalization of climate protest, reporter Martha Troian brings us to Canada, where the Wet'suwet'en people have been fighting for years against a gas pipeline they never authorized on their territory. Learn more about your ad choices. Visit megaphone.fm/adchoices

Globally, climate activism has shifted over the past few years. It’s more constant now and includes more direct action than ever before. Some of that action has critics, including climate scientists and climate advocates, clutching their pearls and worrying that protest will turn the public away from the urgent need to act on the climate crisis. But social science researchers who study structural change and protest say there’s no historical evidence to back that up; that in fact the only time social movements have ever affected change is when they’ve been wildly disruptive, and a whole lot of the people who love to quote MLK are missing a significant part of his approach to social change. In this week's ep we hear from social scientists on how radical or not climate protests really are, and what factors make direct action work or fail. Learn more about your ad choices. Visit megaphone.fm/adchoices

From Ecuador to North Dakota, British Columbia to New Zealand, the backlash against Indigenous-led environmental protest is always particularly harsh, infused with colonialist entitlement to land, water, and other resources. Historian Nick Estes walks us through what that looks like in the U.S., and the great team behind the documentary The Territory brings us a recent example from Brazil. Check out the film here. Learn more about your ad choices. Visit megaphone.fm/adchoices