Appeals Court Slams Shell’s “Preemptive” Lawsuits Against NGOs | Oceana

Appeals Court Slams Shell’s “Preemptive” Lawsuits Against NGOs

Press Release Date: November 12, 2014

Location: Juneau, AK

Contact:

Anna Baxter | email: abaxter@oceana.org
Anna Baxter

Today, the U.S. Court of Appeals for the Ninth Circuit Court rejected Shell Oil Company’s lawsuit against thirteen environmental and Alaska Native entities.  The court held that the United States Constitution does not allow lawsuits like the one Shell filed, ruling that “Shell may not file suit solely to determine who would prevail in a hypothetical suit between the environmental groups and the Bureau.”

This lawsuit was one of three the company filed in federal court in 2012 seeking “preemptive” declarations that permits granted by federal agencies—who were not parties to the cases—were valid.  The other cases have been dismissed.

Susan Murray, Oceana’s Deputy Vice President, Pacific, issued the following statement in response to today’s decision:

“Shell’s lawsuits against Oceana and our partners attempted to circumvent the constitution.  Shell, one of the largest corporations in the world, sued nonprofit organizations on the grounds that the groups would dare speak out against the company’s proposals and use the courts to have that opposition heard when all other avenues had been exhausted without fair resolution.  Today’s decision makes clear that Shell’s intimidation tactics will not stand.

Shell has failed repeatedly in efforts to explore in the Arctic Ocean, and it now appears that the company’s prospects in the U.S. Arctic Ocean are increasingly tenuous.  This decision comes on the heels of news that Shell has sought an unprecedented suspension of its leases.  Additionally, the company is arguing against important safety and spill prevention rules on the grounds that they are too expensive.

Enough is enough.  Efforts to skirt important rules and intimidate opposition will not work.  It is time for Shell to face the facts and take a step back in the Arctic.”

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