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Lawsuit

Judge Determines Flint Residents Can Sue US Government For Water Crisis

A federal judge recently determined that residents of Flint, Michigan have the right to file lawsuits against the U.S. Environment Protection Agency (EPA) for failing to immediately intervene on their behalf. Although U.S. Judge Linda Parker stated that the EPA was aware of the lead from corrosive pipes and that Michigan regulators were lying to Flint residents, Judge Parker did not rule on the EPA’s negligence. Agreeing to temporarily switch from Detroit’s water supply to the Flint River in April 2014, residents in the city of Flint immediately noticed their tap water appeared cloudy while emitting a pungent odor.

ACLU Files First Amendment Challenge To South Dakota Anti-Protest Laws

The American Civil Liberties Union and ACLU of South Dakota filed a federal lawsuit challenging three South Dakota laws threaten criminal penalties of up to 25 years in prison and $50,000 fines and/or civil liabilities for protesters and social justice organizations that encourage or organize protests, particularly protests against the Keystone XL pipeline. The lawsuit was filed on behalf of four organizations: the Sierra Club, NDN Collective, Dakota Rural Action, and the Indigenous Environmental Network; and two individuals: Nick Tilsen with NDN Collective and Dallas Goldtooth with Indigenous Environmental Network. All are planning to protest the pipeline and/or encourage others to do so.

Media Justice Sues FBI Over Surveillance Of Black Activists

At a time when violence by white supremacists is on the rise, the FBI appears to be targeting Black people in a secret intelligence program concerning so-called “Black Identity Extremists”— an inflammatory term for a group that doesn’t even exist. The bureau’s practice echoes earlier, shameful government surveillance programs that sought to discredit civil rights and Black power activists who were critical to advancing racial equality — and it echoes modern-day spying that impacts immigrants and Arab, Middle Eastern, Muslim, and South Asian (AMEMSA) communities.

Environmental Groups, Activists Win Dismissal Of Lawsuit Filed By Dakota Access Pipeline Company

February 15, 2019, North Dakota – Late yesterday, a federal judge dismissed a sprawling racketeering lawsuit filed against Krystal Two Bulls, an Oglala Lakota and Northern Cheyenne organizer, Greenpeace, and others, by Energy Transfer— the corporation behind the controversial Dakota Access Pipeline (DAPL). The dismissal was unusually swift, coming just three days after the final defendant’s motion to dismiss was briefed. “Loss. Defeat. Dismissal. This is what happens when greedy corporations go after Indigenous women grounded in the power of Prayer, the power of relationship building, and the power of collective organizing,” said Krystal Two Bulls after learning of her victory.

Federal Court Dismisses $900 Million Pipeline Company Lawsuit Against Greenpeace

BISMARCK, February 14, 2019 — Today, the United States District Court for the District of North Dakota issued a landmark dismissal [1] of all claims against all defendants in the USD$900 million case against Greenpeace and others brought by Energy Transfer [2]. The decision to dismiss this lawsuit, which alleged Greenpeace engaged in racketeering and defamation, sends a strong message to all companies trying to silence civil society with baseless cases. District Judge Billy Roy Wilson wrote in his order dismissing the case that, “Posting articles written by people with similar beliefs does not create a RICO enterprise,” and that, “Donating to people whose cause you support does not create a RICO enterprise.”

Federal Judge Dismisses Lawsuit Against BDS Supporters

In the court’s 20-page ruling, U.S. District Judge Rudolph Contreras wrote that the pro-Israeli group had “danced around key issues” and was unable to show that they had suffered enough monetary damages to warrant a federal case. Pro-Israeli groups have suffered a major defeat in a US court after a federal judge dismissed a lawsuit against the American Studies Association’s (ASA) resolution to endorse the call to boycott Israeli academic institutions as part of the Boycott, Divestment, and Sanctions (BDS) movement.

A Surge Of Climate Lawsuits Target Human Rights, Damage From Fossil Fuels

A climate denier is in the White House, pushing policies that will boost emissions. Congress is doing nothing to stop him. So citizens and local governments who are facing the impacts of rising seas, worsening heat waves and extreme weather are increasingly looking to the courts for help. The past year saw a surge in new lawsuits filed against fossil fuel companies, and major developments in cases pressing governments for action in the United States and abroad. And while the plaintiffs haven't secured any substantial victories in U.S. courts, they may be scoring a different victory by drawing attention to the inaction of Congress and the Executive Branch, said Michael Gerrard...

Workers Union Director Says Shutdown Lawsuit Will Prove Trump Administration Not ‘Above The Law’

A lawsuit suing the Trump administration over the ongoing government shutdown will prove the federal government is not above the law, said a policy chief for the country's largest union representing federal workers. Jacqueline Simon, a policy director for The American Federation of Government Employees (AFGE), joined “Rising” to discuss the union’s lawsuit against the Trump administration. AFGE claims that the administration is violating the Fair Standards and Labor Act, by allegedly illegally forcing as many as 420,000 federal employees to work without any foreseeable paycheck.

Indigenous Group Sues Exxon, Energy Majors Over Fracking Waste Contamination in Patagonia

A major indigenous group in the Argentine Patagonia is suing some of world's biggest oil and gas companies over illegal fracking waste dumps that put the "sensitive Patagonian environment," local wildlife and communities at risk, according to Greenpeace. The Mapuche Confederation of Neuquén filed a lawsuit against Exxon, French company Total and the Argentina-based Pan American Energy (which is partially owned by BP), AFP reported. Provincial authorities and a local fracking waste treatment company called Treater Neuquén S.A. were also named in the suit. The Mapuche accused the companies of contaminating the environment with "dangerous waste" due to "deficient treatment" close to the town of Añelo, according to AFP.

Judge Rules Veterans With PTSD Can Move Forward With Lawsuit Over Discharge Classification

A federal judge in Connecticut ruled Thursday in favor of thousands of veterans seeking to sue the federal government alleging they were discharged due to infractions related to untreated mental illnesses and denied Veterans Affairs benefits as a result. The Associated Press reports that Senior U.S. District Judge Charles Haight Jr. ruled Thursday that the veterans, who were given less-than-honorable discharges after service in Iraq and Afghanistan, could move forward with a lawsuit against Navy Secretary Richard Spencer. The less-than-honorable discharges, the veterans allege, made it harder for veterans who were discharged to receive care for their mental illnesses developed as a result of their service in America's wars.

Bayer CEO: Roundup Weedkiller Cancer Victims Are ‘Nuisances’

There are about 8,700 lawsuits pending against Monsanto, by people who allege that exposure to Roundup weedkiller is responsible for their cancer. Most of the people behind these lawsuits have stories not unlike the one told by Dewayne Johnson, during his landmark jury trial which resulted in a unanimous decision against Monsanto. Like Johnson, many of these people have non-Hodgkin lymphoma—or they have family members who have already died from the disease. They face long, grueling trials as they go up against the biotech behemoth. To Werner Baumann, CEO of Bayer ( acquired Monsanto last year for $63 billion), these people are just “nuisances.”

Fossil Fuels On Trial: Where The Major Climate Change Lawsuits Stand Today

A wave of legal challenges that is washing over the oil and gas industry, demanding accountability for climate change, started as a ripple after revelations that ExxonMobil had long recognized the threat fossil fuels pose to the world. Over the past few years: Two states launched fraud investigations into Exxon over climate change, and one has followed with a lawsuit. Nine cities and counties, from New York to San Francisco, have sued major fossil fuel companies, seeking compensation for climate change damages. And determined children have filed lawsuits against the federal government and various state governments, claiming the governments have an obligation to safeguard the environment.

Supreme Court Decision Puts Landmark Climate Change Lawsuit Back On Track For Trial

By a 7-2 vote, the U.S. Supreme Court denied a Trump administration motion to stop a constitutional lawsuit filed by 21 young plaintiffs from going to trial. The lawsuit, Juliana v. United States, asserts that the federal government is depriving youth of rights to life, liberty and property through an energy system contributing to climate change. Our Children’s Trust, the nonprofit supporting the case, has described the Department of Justice’s numerous legal maneuvers to thwart the case from going to trial as attempts to “circumvent the ordinary procedures of federal litigation.” The trial was originally scheduled for October 29 in Oregon. The case has been winding its way through the courts for three years.

Halt To Youth Climate Lawsuit Inspires Nationwide Resistance

The three-year-long case has survived countless obstacles and the 21 youth plaintiffs don't plan on backing down now. This week should have been the start to the three-year-long landmark youth climate trial against the federal government, deemed the “trial of the century.”Instead, the Supreme Court halted the case in response to a last-ditch effort by the Trump administration to kill the case. Now the rest of the country is responding to the disgraceful decision. The 21 youth plaintiffs of the case, Juliana v. United States, have been joined by thousands across the country the past several days to “keep our government accountable for the effects of climate change.”

Youth Plaintiffs File Response With Supreme Court Pointing To Government’s Serious Mischaracterization Of ​​Juliana v. United States

Eugene, Oregon -- Today, attorneys for youth plaintiffs in the landmark climate lawsuit, Juliana v. United States, filed their response with the Chief Justice of the United States Supreme Court, requesting that the Court allow their trial to proceed on October 29 and pointing to numerous mischaracterizations of the lawsuit by the Trump administration in its recent filing with the Court. On Thursday, for the second time in three months and claiming harm only from costs of litigation, the Department of Justice filed an application for stay and a petition for writ of mandamus with the Supreme Court. On Friday, Chief Justice John Roberts issued an administrative (temporary) stay of discovery and trial while the Court reviews the youth plaintiffs’ response.

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Keep independent media alive. 

Due to the attacks on our fiscal sponsor, we were unable to raise funds online for nearly two years.  As the bills pile up, your help is needed now to cover the monthly costs of operating Popular Resistance.

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