Damages – Details, episodes & analysis

In 2007, the Supreme Court ruled in Massachusetts vs. EPA that when the U.S. Congress passed the Clean Air Act in 1970, climate science was “in its infancy,” implying that government officials could never have intended for the legislation to cover the regulation of greenhouse gas emissions. In 2022, SCOTUS doubled down on that idea, ruling in West Virginia v EPA that since the Clean Air Act didn't explicitly talk about climate change, the EPA cannot regulate greenhouse gas emissions. Now, new historical evidence unearthed by a team of Harvard University researchers led by Naomi Oreskes calls the court's understanding of the history of climate science into question, which could have major implications for the government's ability to regulate climate-changing emissions. Learn more about your ad choices. Visit megaphone.fm/adchoices

In 2017, El Salvador became the first country in the world to pass an outright ban on mining. It was an effort to protect the country's water, and its people. Now, self-proclaimed "coolest dictator in the world" Nayib Bukele wants to bring mining back to boost the economy, which took a major hit thanks to his embrace of Bitcoin as the national currency in 2021. The activists who helped pass the ban are standing in his way. The solution? Accuse them of a decades-old unsolved murder. The activists go on trial this week. Reporter Sebastian Escalon brings us this story, narrated by Yessenia Funes. Learn more about your ad choices. Visit megaphone.fm/adchoices

In December 2023, the U.S. Army Corps of Engineers closed the comment period on its draft Environmental Impact Statement for the Dakota Access Pipeline, a 1,172-mile pipeline that’s been pumping 500,000 barrels of oil per day since May 2017. The pipeline runs from the Bakken oil fields in North Dakota to southern Illinois, crossing the Missouri and Mississippi Rivers. Over the past six years, every court in the country has ruled that the Army Corps of Engineers did not study the pipeline’s environmental impact closely enough before approving the pipeline’s route. The Standing Rock Sioux tribe has maintained all along that the project poses a serious threat to its drinking water. From April 2016 to February 2017 thousands of water protectors from all over the country (and beyond) joined them in protests and direct actions. The resistance at Standing Rock is often cited by the fossil fuel industry, police and politicians as the reason states need new anti-protest laws, while the backlash to that resistance is often cited by water protectors as the reason for PTSD, asthma, and in some cases lost eyes and limbs. Now, the Army Corps of Engineers says that removing the pipeline would be too damaging to the Missouri River and its surrounding ecosystems. The removal actions it describes in its EIS are the same actions taken to install the pipeline in the first place. The Army Corps suggests that removing the pipeline would be more environmentally harmful than allowing the oil to continue pumping under one of Standing Rock's primary drinking water sources. Nonetheless, this report—seven years late—represents one of the few pathways left to stop the pipeline. The Standing Rock Sioux tribe is advocating to seal the pipeline off, while some water protectors are advocating for the pipeline to be removed entirely. Learn more about your ad choices. Visit megaphone.fm/adchoices

As we resume our season focused on the global criminalization of climate protest, reporter Martha Troian brings us to Canada, where the Wet'suwet'en people have been fighting for years against a gas pipeline they never authorized on their territory. Learn more about your ad choices. Visit megaphone.fm/adchoices

Globally, climate activism has shifted over the past few years. It’s more constant now and includes more direct action than ever before. Some of that action has critics, including climate scientists and climate advocates, clutching their pearls and worrying that protest will turn the public away from the urgent need to act on the climate crisis. But social science researchers who study structural change and protest say there’s no historical evidence to back that up; that in fact the only time social movements have ever affected change is when they’ve been wildly disruptive, and a whole lot of the people who love to quote MLK are missing a significant part of his approach to social change. In this week's ep we hear from social scientists on how radical or not climate protests really are, and what factors make direct action work or fail. Learn more about your ad choices. Visit megaphone.fm/adchoices

From Ecuador to North Dakota, British Columbia to New Zealand, the backlash against Indigenous-led environmental protest is always particularly harsh, infused with colonialist entitlement to land, water, and other resources. Historian Nick Estes walks us through what that looks like in the U.S., and the great team behind the documentary The Territory brings us a recent example from Brazil. Check out the film here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In April 2023, Joanna Oltman Smith walked into the National Gallery in Washington, D.C. with fellow activist Tim Martin, and smeared water-soluble kids' finger paint on the glass display case containing a Degas statue called "Little Dancer." The two read off a statement about the importance of protecting actual, living children as well as we do sculptures of them. Smith and Martin figured they would be charged with vandalism, but each is now facing two felony charges, including one of "conspiring against the United States government." As we covered last month, one thing that makes it easy to criminalize protest is the steady hum of content that paints climate activists as fringe weirdos or out-of-touch elitists. We think it's important to meet these people and bring their stories and voices to you directly. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to Outrage + Optimism, where they examine issues at the forefront of the climate crisis, interview change-makers, and transform anger into productive dialogue for building a sustainable future. In this episode, the hosts discuss the slow progress made at the negotiations in Bonn and how the perceived lack of direction has led many in the climate community to feel anxious about how successful talks will be in Dubai later in the year.  Christiana also touches on the New World Bank report, Detox Development: Repurposing Environmentally Harmful Subsidies, highlighting the trillions of dollars wasted on subsidies for agriculture, fishing and fossil fuels that could be used to help address climate change instead of harming people and the planet. With Tom off to the Global Citizen Power Our Planet Live event on Thursday, the hosts discuss their hopes for a more positive outcome from The Summit for a New Global Financing Pact also happening in Paris this week. Look out for the anticipated momentum to gather pace on Mia Mottley’s Bridgetown Agenda for the much needed reform of international finance. Their special interview this episode is with the brilliant communications expert John Marshall, CEO of Potential Energy Coalition, to discuss climate change’s marketing problem and how we can solve it. Essential listening and the team here all agree we could learn a lot from John’s insights! For anyone wanting to learn more about the important work of Potential Energy, click here. Music this week comes from Hazel Mei and her song Golden Chains, another finalist from this year's Environmental Music Prize. Check out her links below. Thanks to Airaphon who mixed and sound edited the podcast this week. Please don’t forget to let us know what you think here, and / or by contacting us on our social media channels or via the website. NOTES AND RESOURCES SUBSCRIBE TO OUTRAGE + OPTIMISM HERE John Marshall, Chairman and CEO of Potential Energy Coalition LinkedIn | TED Bio Potential Energy Coalition Website | LinkedIn | Instagram Hazel Mei, Environmental Music Prize Finalist  Instagram | Facebook | YouTube  For anyone wanting to watch the absurd Fox news interview with Power the Future founder, Daniel Turner, here is the link.  Learn more about the Paris Agreement. It’s official, we’re a TED Audio Collective Podcast - Proof! Check out more podcasts from The TED Audio Collective Please follow us on social media! Twitter | Instagram | LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

A new report from the Institute for Energy Economics and Financial Analysis (IEEFA) looks at the details of Guyana's planned "Gas to Energy" project and finds mostly benefits for ExxonMobil and more debt for Guyana. Read the full report here: https://ieefa.org/articles/guyana-gas-energy-project-unnecessary-and-financially-unsustainable Learn more about your ad choices. Visit megaphone.fm/adchoices

We're bringing you this crossover episode from our sister podcast, Inherited, because there's a way in which the constant vilification of protestors and criminalization of their actions has effectively distracted a lot of people from the reason they're out in the streets or in museums or at sporting events in the first place: the climate crisis is already having a devastating impact on communities around the world, and it's only going to get worse. In this episode, Nigerian Mo Isu returns to his hometown of Lagos, meets an activist there, and heads with him to Lokoja – the town where Nigeria’s largest rivers converge – to explore how flood survivors endure the region’s relentless storm cycle. Learn more about your ad choices. Visit megaphone.fm/adchoices