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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
Origins of Climate Denial: Campaigns So Successful They've Landed in Court

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

06 Mar 2023 · 22 minutes
New Season Coming Soon: Light, Sweet Crude

On paper, the small South American country of Guyana is the fastest-growing economy in the world, thanks to its oil... more

28 Feb 2023 · 2 minutes
Origins of Climate Denial: Setting the Research Agenda

A new peer-reviewed study in the journal Science shows that not only did Exxon scientists suspect climate change driven by... more

27 Feb 2023 · 24 minutes
Origins of Climate Denial: Aggressive Think Tanks, Shouty Pundits, and a New Religious Argument

A new peer-reviewed study in the journal Science shows that not only did Exxon scientists suspect climate change driven by... more

24 Feb 2023 · 24 minutes
Origins of Climate Denial: Exploiting Scientists' Kryptonite—Certainty

A new peer-reviewed study in the journal Science shows that not only did Exxon scientists suspect climate change driven by... more

14 Feb 2023 · 18 minutes
Origins of Climate Denial: Weaponizing False Equivalence

A new peer-reviewed study in the journal Science shows that not only did Exxon scientists suspect climate change driven by... more

07 Feb 2023 · 24 minutes
Origins of Climate Denial: The Turn

A new peer-reviewed study in the journal Science shows that not only did Exxon scientists suspect climate change, driven by... more

01 Feb 2023 · 25 minutes
Evidence Against ExxonMobil Grows with New Study

A new peer-reviewed study in the journal Science shows that not only did Exxon scientists suspect climate change, driven by... more

27 Jan 2023 · 25 minutes
Life in a Ticking Carbon Bomb

In this special sneak preview of our next season, we hear from Melinda Janki, a lawyer who's fighting to keep... more

10 Jan 2023 · 51 minutes
Rep Ro Khanna on the House Oversight Committee's Climate Disinformation Investigation and New Subpoenaed Documents

The House Oversight Committee wrapped up its investigation into climate disinformation earlier this month and published a second tranche of... more

20 Dec 2022 · 19 minutes
First Climate RICO Filed + James Hansen Sues EPA

November was a big month for climate litigation! The first-ever climate RICO was filed on behalf of 16 Puerto Rican... more

06 Dec 2022 · 43 minutes
SCOTUS Is Back in Session: Here Are the Climate Cases to Watch For

West Virginia v EPA isn't the only big climate case before the Supreme Court this year, from questioning the SEC's... more

12 Oct 2022 · 49 minutes
S2, Ep 6 | False Friends of the Court

I have been wondering for months what possible sense it makes for every right-wing think tank to have an amicus... more

07 Jun 2022 · 25 minutes
S2, Ep5 | On Judges, Juries, and Precedent

In many of the countries where some of the world's largest climate cases are unfolding, the legal system looks very... more

19 May 2022 · 24 minutes
S2 | Ep4: What Can the UN Actually Do About Climate?

Compensation for climate change has been a hot topic at the UN since the early 90s. For countries already experiencing... more

12 May 2022 · 26 minutes
S2 | Ep 3: An Update on the Big U.S. Youth Climate Case

Juliana v United States was one of the first big youth climate cases, and it has inspired several others. In... more

05 May 2022 · 28 minutes
S2 | Ep2: Secret Tribunals

A clause in most free trade agreements and investment treaties obligates countries to engage in a process known as international... more

29 Apr 2022 · 44 minutes
S2 | Ep 1: Ecocide

With an internationally accepted definition of this crime, advocates are pushing for international courts to recognize it as well, and... more

21 Apr 2022 · 30 minutes
S1 Ep5 | The Backlash

In 2019, after a decade-long campaign, voters in Toledo Ohio voted to approve the Lake Erie Bill of Rights, effectively... more

07 Apr 2022 · 36 minutes
Responsibilities Not Rights: A Tūhoe Perspective

When Tūhoe negotiated legal personhood for their homeland Te Urewera, the global rights of nature community cheered. But in this... more

31 Mar 2022 · 16 minutes
S1 | Ep 4: Children of the Mist

In New Zealand, after decades of negotiating, Tuhoe people won personhood for their ancestral homeland Te Urewera. Learn more about your... more

24 Mar 2022 · 26 minutes
Unpacking the Landmark Los Cedros Ruling

Last episode we told the story of Ecuador's rights-of-nature journey, today Melissa Troutman and Joshua Pribanic, directors of Invisible Hand... more

17 Mar 2022 · 24 minutes
S1 | Ep 3: The Cloud Forest v The Mine

Ecuador was the first country to adopt rights of nature into its constitution, but its Constitutional Court (Ecuador’s equivalent to... more

10 Mar 2022 · 30 minutes
Special Bonus: What West Virginia v EPA Means for Acting on Climate Change

A case argued at the Supreme Court this week—West Virginia v EPA—has potentially huge implications for regulating greenhouse gas emissions.... more

03 Mar 2022 · 23 minutes
S1 | Ep2: Who Speaks for the Trees?

A look at where rights of nature came from and how the concept has played out in the U.S. Learn more... more

24 Feb 2022 · 35 minutes
S1 | Ep1: Manoomin v Minnesota

Welcome to our first season, The Forest for the Trees, a look at rights of nature cases all over the... more

17 Feb 2022 · 34 minutes
Welcome to Damages

People don't bring massive lawsuits against their governments or some of the world's largest companies unless they're out of options... more

19 Jan 2022 · 2 minutes
Damages
S1 | Ep1: Manoomin v Minnesota
Damages
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Podcast Addict
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Description

Welcome to our first season, The Forest for the Trees, a look at rights of nature cases all over the world. In... more