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Damages
Damages
Critical Frequency

Law & Order meets the climate crisis as we dig into the stories behind the hundreds of climate cases around the globe.

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Episodes

New Research Shows the Clean Air Act Always Intended to Regulate Greenhouse Gas Emissions

In 2007, the Supreme Court ruled in Massachusetts vs. EPA that when the U.S. Congress passed the Clean Air Act... more

15 Aug 2024 · 31 minutes
The Real Free Speech Threat: In El Salvador a Cold Case Murder Has Become a Weapon for Silencing Environmental Activists

In 2017, El Salvador became the first country in the world to pass an outright ban on mining. It was... more

18 Jul 2024 · 41 minutes
Could You Really Charge Oil Companies with Murder? Plus: Supreme Court Climate Update

Public Citizen has been working with various prosecutors to explore the idea of using criminal law to hold oil companies... more

09 Jul 2024 · 36 minutes
The Coordinated Attack on Shareholder Activism

The backlash against ESG is continuing, with a string of lawsuits aimed at shutting down shareholder activism. We don't often... more

25 Jun 2024 · 52 minutes
The New Carbon Majors Report + Swiss Elders Win Landmark Climate Case

Lots of news lately on stories we've been following, so in today's episode: an update! The landmark Carbon Majors report... more

13 Apr 2024 · 42 minutes
The Real Free Speech Threat: In Nigeria's Ogoniland, Protestors Still Fighting to Hold Oil Accompanies Accountable

Shell announced in late 2023 that it would be shutting down all of its onshore activities in Nigeria and concentrating... more

22 Mar 2024 · 43 minutes
The Real Free Speech Threat: Department of Homeland Security, the Manufactured "EcoTerrorist" Panic, and Cop City

The U.S. government's definition of what constitutes an "ecoterrorist" has long driven backlash against environmental activists and in recent years... more

31 Jan 2024 · 39 minutes
The Real Free Speech Threat: Meet the UN's First Special Rapporteur on Environmental Defenders

In June 2022, Michel Forst became the first UN Special Rapporteur on Environmental Defenders. In that role he has spent... more

31 Jan 2024 · 1 hour, 13 minutes
The Real Free Speech Threat: How UK Courts Became the New Climate Protest Battleground

About a decade after UK courts made history with the first "climate necessity" ruling in history, the UK government has... more

28 Jan 2024 · 33 minutes
The Real Free Speech Threat: What Happened At Bayou Bridge? The Other End of the Dakota Access Pipeline

While protests against the Dakota Access Pipeline at the Standing Rock Sioux Indian Reservation garnered international news coverage, at the... more

27 Jan 2024 · 44 minutes
The Real Free Speech Threat: Seven Years Later, an Environmental Impact Statement for the Dakota Access Pipeline

In December 2023, the U.S. Army Corps of Engineers closed the comment period on its draft Environmental Impact Statement for... more

27 Jan 2024 · 37 minutes
The Real Free Speech Threat: The Fossil Fuel Industry Meets Indigenous Protest with "Redwashing" and Repression in Canada

As we resume our season focused on the global criminalization of climate protest, reporter Martha Troian brings us to Canada,... more

27 Jan 2024 · 44 minutes
The Real Free Speech Threat: On the Tomato Soup "Controversy"

Globally, climate activism has shifted over the past few years. It’s more constant now and includes more direct action than... more

27 Jan 2024 · 32 minutes
The Real Free Speech Threat: In Brazil, A Tale as Old as Colonization—Why Indigenous Land Defenders Are Particularly Targeted by Extractive Industries

From Ecuador to North Dakota, British Columbia to New Zealand, the backlash against Indigenous-led environmental protest is always particularly harsh,... more

27 Jan 2024 · 29 minutes
The Real Free Speech Threat: Joanna Smith on "Conspiring Against the United States" with...Fingerpaint

In April 2023, Joanna Oltman Smith walked into the National Gallery in Washington, D.C. with fellow activist Tim Martin, and... more

27 Jan 2024 · 49 minutes
Damages Recommends: Outrage and Optimism—How to Talk About Climate So That People Will Listen

Welcome to Outrage + Optimism, where they examine issues at the forefront of the climate crisis, interview change-makers, and transform... more

24 Oct 2023 · 59 minutes
Guyana Update: Gas to Energy for Guyana, or Problem to Profit for Exxon?

A new report from the Institute for Energy Economics and Financial Analysis (IEEFA) looks at the details of Guyana's planned... more

14 Oct 2023 · 28 minutes
The Real Free Speech Threat: Loss Is On the Calendar in Nigeria

We're bringing you this crossover episode from our sister podcast, Inherited, because there's a way in which the constant vilification... more

01 Oct 2023 · 32 minutes
The Real Free Speech Threat: Meet the Shadowy Global Network Vilifying Climate Protestors

It’s no coincidence that the backlash against climate protest looks the same from country to country. Not only is industry... more

01 Oct 2023 · 44 minutes
The Real Free Speech Threat: In Vietnam, Tax-Evasion Charges Help Lock Up Climate Activists

President Biden made his first trip to Vietnam as President this week, with the intention of "upgrading" diplomatic relations between... more

01 Oct 2023 · 23 minutes
The Real Free Speech Threat: In Australia, a State-by-State Approach to Criminalizing Protest

Since the 2019 passage of the "Dangerous Attachment Devices" bill in response to anti-coal protests in Queensland, Australia's states have... more

01 Oct 2023 · 29 minutes
The Real Free Speech Threat: Disha Ravi on Becoming the Face of "Radical" Protest in India

When she was just 22, Disha Ravi, co-founder of Fridays for Future in India, had police show up at her... more

01 Oct 2023 · 32 minutes
The Real Free Speech Threat: The Corporate Push to Criminalize Speech

There's a lot of discourse happening about free speech in the context of "cancel culture" these days, but precious little... more

01 Oct 2023 · 34 minutes
Herb, Ep 3: The Next Citizens United Will Be a Climate Case

In more than 30 climate cases making their way through U.S. courts today, oil companies are using an argument they've... more

01 Aug 2023 · 26 minutes
Herb, Ep 2: A Legal Strategy

Worried that all their work creating Mobil's personality and a multi-pronged issue advertising campaign to go with it would go... more

01 Aug 2023 · 30 minutes
Herb, Ep 1: The Panic

In the 1970s, Mobil Oil had invented the advertorial and was aggressively pursuing an entirely new type of marketing, branding... more

01 Aug 2023 · 34 minutes
Introducing: Inherited — Climate Youth Stories From Around the World

In the Season 3 premiere of Inherited, host Shaylyn Martos introduces us to storyteller Camara Aaron, who shares a personal... more

20 Jul 2023 · 33 minutes
The Birth of the Corporate Free Speech Movement

In the 1970s, Mobil Oil had invented the advertorial and was aggressively pursuing an entirely new type of marketing, branding... more

19 Jul 2023 · 34 minutes
Industry Backlash to Grassroots Organizing in Louisiana's "Cancer Alley"

On the heels of several legal wins for grassroots organizers in Louisiana's "Cancer Alley," ExxonMobil, Chevron and other petrochemical giants... more

20 Jun 2023 · 25 minutes
Damages Presents Future Hindsight: Daniel Squadron on Winning Legislative Majorities

”Governing power is the goal and the point.” Daniel Squadron is the co-founder and Executive Director of The States Project and... more

02 Jun 2023 · 47 minutes
S3 Bonus: A Verdict

The day after our season finale last week, we got some incredible news from Guyana: the High Court ruled against... more

09 May 2023 · 30 minutes
S3 Ep8 | The Turning Point

In the last episode of our "Light, Sweet Crude" season we look at what's next for Guyana, and for other... more

02 May 2023 · 38 minutes
S3 Ep7 | The Global Oil Rush

What's happening in Guyana isn't just happening there. All over the globe, oil companies are racing to tap as many... more

25 Apr 2023 · 36 minutes
S3 Ep6 | Old-School Greenwashing

When we first started reporting this story, people unfamiliar with it would suggest talking to local environmental groups. Surely they... more

18 Apr 2023 · 39 minutes
S3 Ep5 | On Global Poverty and Global Warming

The tension between addressing global poverty and acting on the climate crisis is one the fossil fuel industry, and those... more

11 Apr 2023 · 41 minutes
S3 Ep4 | Constiutional Violation

Melinda Janki has filed seven separate cases aimed at blocking oil drilling in Guyana, but only one of them explicitly... more

04 Apr 2023 · 40 minutes
S3 Ep3 | Unlimited Liability

One person in Guyana knows both the inner workings of oil companies and the intricacies of Guyanese environmental law better... more

28 Mar 2023 · 43 minutes
S3 Ep2 | The Contract

After a year’s worth of pressure from local press and civil society groups, the Guyanese government released its contract with... more

21 Mar 2023 · 39 minutes
S3 Ep1 | The Boom

Five years ago, Kiana Wilburg was a new reporter when ExxonMobil executives and Guyanese government officials announced they had found... more

14 Mar 2023 · 31 minutes
Origins of Climate Denial: The New World War

A new peer-reviewed study in the journal Science shows exactly how accurate oil company scientists' climate models were back in... more

09 Mar 2023 · 26 minutes
Damages
S3 Ep1 | The Boom
Damages
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Description

Five years ago, Kiana Wilburg was a new reporter when ExxonMobil executives and Guyanese government officials announced they had found oil 40... more