Environmental Activists Abandon Persuasion For Litigation

In a Republic, lasting progress depends on the art of persuasion. To shape policy, politicians and activists must first convince the public that their ideas work. Yet with increasingly radical tactics — from vandalizing infrastructure to defacing priceless works of art — and open dismissal of the affordability challenges many Americans face, it’s little wonder the environmental movement has struggled to win hearts and minds.

Faced with soaring energy costs, a 2024 YouGov poll found that 73% of voters ranked the price and availability of energy as their top concern. Rather than confronting this reality, radical environmental activists have abandoned persuasion in favor of reckless, unfounded lawsuits against American energy companies, actions that threaten not only our energy security but the very principles of fairness and accountability that our democracy depends on.

The trend is best illustrated by Greenpeace International’s so-called “anti-SLAPP” lawsuit against Energy Transfer, a U.S. pipeline company. Greenpeace filed the case in the Netherlands, even though Energy Transfer has no presence or infrastructure in the European Union, claiming the company tried to silence it through costly litigation in North Dakota. Earlier this year, a North Dakota jury found Greenpeace liable for defamation, property damage, and civil conspiracy over its actions during the 2016 and 2017 Dakota Access Pipeline protests. The jury even ordered Greenpeace to pay roughly $660 million in damages. Instead of accepting that verdict, Greenpeace is now taking the fight overseas in an apparent attempt to escape responsibility — an act of desperation mirrored by recent high-profile resignations from its own legal team. 

Greenpeace is not alone. In September 2024, California’s attorney general and several environmental groups sued ExxonMobil, accusing the company of contributing to environmental damage from single-use plastics. Yet ExxonMobil doesn’t manufacture single-use plastics and has invested heavily in recycling innovations to expand the kinds of plastics that can be reused. “Instead of suing us,” an Exxon representative said, “they could have worked with us to fix the problem and keep plastic out of landfills. To date, we’ve processed more than 60 million pounds of plastic waste into usable raw materials.” Ignoring such cooperation and the vital role plastics play in healthcare and food safety, activists continue to favor publicity over practical solutions. 

These lawsuits come at a pivotal moment for America’s energy future. The AI revolution promises to drive economic growth and create new opportunities, but data centers powering that revolution demand historic levels of energy. The United States has the resources to meet this challenge, but if energy producers are buried in costly, politically motivated litigation, our ability to keep energy affordable and reliable will be at risk.

For all the rhetoric from environmental activists, it is American energy producers who have delivered the environmental progress that actually improved people’s lives. Affordable and reliable energy helped drive an almost 80% reduction in common air pollutants since the 1970s and made the United States the world leader in access to clean and safe drinking water. When the Safe Drinking Water Act was first implemented, more than one-third of public water systems failed to meet federal standards, as documented in the EPA’s historical overview of the Safe Drinking Water Act. Early federal surveys summarized by the Congressional Research Service show that roughly 60% of systems were out of compliance in the 1970s. Today, more than 90% of water systems meet EPA’s strictest health-based requirements, according to the agency’s National Public Water Systems Compliance Report and reviews by the National Academies of Sciences. These gains occurred while American oil and gas production set records. The lesson is simple: prosperity powered by abundant energy produces cleaner air and cleaner water, not political mandates or litigation campaigns.

These hard-won gains are exactly why the current wave of activist lawsuits is so destructive. Instead of building on America’s energy strengths, groups like Greenpeace are working to undermine the very industry that made this environmental progress possible.

When an organization found liable by a jury for defamation and property damage turns around and cries “SLAPP,” it risks undermining the very legal protections meant to safeguard legitimate free speech and activism. If every losing activist can hide behind these claims, true environmental advocacy becomes collateral damage.

Real progress will continue to come from harnessing America’s ingenuity to responsibly produce energy, without sacrificing prosperity, stability, or the rule of law. The path forward isn’t reckless litigation. It’s common sense and energy abundance.

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The Honorable Jason Isaac is the Founder and CEO of the American Energy Institute, a trade organization that unapologetically champions free markets and American energy. Previously, he served four terms in the Texas House of Representatives.

The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.

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