Greenpeace Australia Pacific is warning about the growth of US-style corporate legal tactics aimed at silencing public interest groups.
In 2022 the Environmental Defenders Office (EDO) sued fossil fuel giant Santos on behalf of Tiwi Islanders, representing Simon Munkara, alleging its offshore Barossa gas project could risk cultural heritage and had not been adequately assessed.
In the Federal Court yesterday, Judge Charlesworth ordered that the EDO pay Santos’ costs on an indemnity basis, but also that Santos’ application for the discovery of documents from the EDO continue.
‘Santos’ actions in this case are part of a worrying US-style trend towards big polluters using litigation to silence ordinary people using the law to challenge big corporations in Australia,’ said David Ritter, CEO at Greenpeace Australia Pacific.
‘Santos, a 23.5 billion dollar fossil fuel giant, appears to be trying to silence the legitimate public interest of Australian people in defending our environment against pollution and damage — this should sound alarm bells for anyone who cares about our democratic rights and our magnificent country.
‘We do not want to live in a country where ordinary Australians are too afraid to go to court, to take reasonable issues up with big polluting corporations, because they are too frightened of the consequences if they lose,’ said Mr Ritter.
‘We’ve seen these SLAPP tactics play out overseas as our colleagues in the United States face a US$300 million lawsuit by fossil fuel company Energy Transfer. Ultimately the real issue is the polluting activities of massive fossil fuel corporations which are literally threatening the future of human civilization.
‘Rulings like this have a chilling effect on democracy and public interest litigation — we must stand against these silencing tactics as bad for the rights of Australians and bad for our democracy.’
SLAPP!
Strategic Litigation Against Public Participation, or SLAPP lawsuits are designed to intimidate and silence those working in the public interest on matters including civil rights and the environment. The EU recently introduced an anti-SLAPP directive to protect against meritless lawsuits by big corporations.
‘Public interest litigation plays a vital role in upholding the principles of a healthy democracy,’ said Katrina Bullock, General Counsel at Greenpeace Australia Pacific.
‘The Munkara case, initiated by the Tiwi Islanders, aimed to safeguard their Sea Country from the detrimental impacts of a proposed large-scale gas project, anticipated to release 380 million tonnes of climate pollution over its 25-year lifespan — exacerbating climate change, damaging the environment, and threatening culturally significant areas.
‘In response to the community’s efforts, Santos has employed aggressive legal tactics seemingly intended to intimidate those opposing its actions. The company has sought internal documents from charities that voiced support for the case, potentially to pursue them for costs,’ said Ms Bullock.
‘Furthermore, it has aggressively targeted the Tiwi Islanders’ legal team, relentlessly seeking costs against them. These actions risk discouraging communities from using legal avenues to hold fossil fuel companies accountable for their harmful practices.’
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