$8.6 Million Shell Lawsuit Threatens Greenpeace's Ability to Protest

Oil giant Shell is menacing Greenpeace International and Greenpeace U.K. with a lawsuit that represents "one of the biggest legal threats against the Greenpeace network's ability to campaign in its more than 50-year history," the environmental group revealed Thursday.

The lawsuit comes in response to a protest in January in which activists boarded one of the Shell's oil platforms while it was en rote to a North Sea oil field. Shell has given Greenpeace a choice between facing a full $8.6 million in damages or settling for a reduced charge of $1.4 million and a promise never to protest on Shell infrastructure again.

"Shell is trying to silence my legitimate demands: that it must stop its senseless and greedy pursuit of fossil fuels and take accountability for the destruction it is wreaking upon the world," Yeb Saño, executive director of Greenpeace Southeast Asia, said in a statement.

Saño, who is one of the activists named in the suit, attempted to board the platform and then met it in port in Norway to protest its arrival.

"I will stand up in court and fight this; and if Shell refuses to stop drilling, I refuse to stop fighting for climate justice," Saño continued.

The protest that triggered the suit lasted from January 31 to February 12. Four Greenpeace activists used ropes to haul themselves onto the vessel while it was moving at full speed off the Canary Islands, Reuters reported. They stayed occupying the platform until it reached Norway. The platform was set to be used in the Penguins oil and gas field in the North Sea, which has not yet started production.

"He's trying to crush Greenpeace's ability to campaign, and in doing so, seeking to silence legitimate demands for climate justice and payment for loss and damage."

The platform, the Penguins floating production storage and offloading unit, was the first new vessel that Shell had sent to the northern part of the North Sea in 30 years, Greenpeace said. While the protest was ongoing, Shell announced record 2022 profits of almost $40 billion. Greenpeace wanted Shell to stop extracting new oil and gas and to pay into a loss and damage fund to help vulnerable countries respond to the climate crisis. The activists carried signs reading, "Stop drilling—start paying," The Guardian reported.

Saño said he had a personal reason to object to Shell's business model.

"I have lived through the devastation caused by Shell and companies like them," he said in a statement. "Ten years ago I spoke at COP global climate talks while my brother was still missing in the fallout from Super Typhoon Haiyan. Incredibly, he survived, but he helped carry the bodies of 78 innocent people who tragically did not."

During the occupation itself, Shell and platform builder Fluor promised to seek more than $120,000 in damages. However, in a document seen by Reuters, Shell is now demanding $2.1 million in damages related to shipping delays, security, and legal costs, and Fluor is seeking $6.5 million. The suit was filed in London's High Court.

"The right to protest is fundamental, and we respect it absolutely. But it must be done safely and lawfully," a Shell spokesperson said in a statement reported by The Guardian. "Shell and its contractors are entitled to recover the significant costs of responding to Greenpeace's dangerous actions."

While Shell has offered to reduce the damages if Greenpeace stops protesting its infrastructure, Greenpeace answered that it would only agree if Shell promised to obey a Dutch court order to cut its emissions by 45% of 2019 levels by 2030.

Greenpeace said that negotiations between it and Shell had wrapped up and the organization had been waiting for details, or "particulars," from Shell since November 1.

Areeba Hamid, co-executive director of Greenpeace U.K., said the lawsuit reflected the climate-polluting direction of Shell under new CEO Wael Sawan, who took the reins in early 2023. Under his leadership, Hamid said, "Shell's abandoned any pretence of good intentions, and is brazenly embracing a sinister strategy that's not just risky for shareholders, but completely devastating for people on the frontlines of the climate crisis. Sawan's ditching green policies, sacking former colleagues from his renewables division, and he's gaslit the world by claiming a retreat from fossil fuels would be 'dangerous.'"

"Now he's trying to crush Greenpeace's ability to campaign, and in doing so, seeking to silence legitimate demands for climate justice and payment for loss and damage," Hamid continued. "We need this case to be thrown out and for Shell to be regulated by the government because it's clear Sawan is hell-bent on profit, regardless of human cost."