Greenpeace USA files motions to dismiss in Resolute Forest Products lawsuit

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Greenpeace USA files motions to dismiss in Resolute Forest Products lawsuit

September 09, 2016 - 04:35
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WASHINGTON, DC, Sept. 9, 2016 (Press Release) -Late yesterday, Greenpeace Fund, Inc and staff defendants filed motions to dismiss and anti-SLAPP motions in a lawsuit filed in May 2016 by the Canadian corporation Resolute Forest Products (RFP) in the U.S. District Court for Southern Georgia. The motions are attached.

Greenpeace’s position is outlined in the opening section of the brief supporting the Greenpeace Fund motion to dismiss, which reads in part:

The complaint, supposedly a "short and plain" statement of Plaintiffs' claims (Rule 8, Federal Rules of Civil Procedure), consists of 318 numbered paragraphs and a large apparatus of supposedly supporting information, much of which is at best the pleading of evidence and at worst mere political posturing. It purports to state 11 claims against various parties, including GP-Fund: three allegedly arising under the federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. Sections 1961-1968 ("federal RICO") and eight under Georgia statutory and common law. Notwithstanding the vast tracts of rhetoric through which the reader must find his way, Plaintiffs' allegations do not state a claim against GP-Fund under any of their theories. In particular, Plaintiffs' three alleged federal RICO claims, upon which jurisdiction over all their state law claims depends, do not state claims under the federal RICO law against GP-Fund under any of their theories.

This lawsuit was filed in the U.S. against Greenpeace International, Greenpeace US (Greenpeace, Inc. and Greenpeace Fund, Inc.), Stand.earth (formerly ForestEthics) and five individual staff members of said organizations alleging defamation and other civil claims, including using RICO laws claiming Greenpeace is a “global fraud.”

RFP had previously filed a 7 million lawsuit against Greenpeace Canada and two staff in May of 2013 for defamation and economic interference.  Both the Canadian and U.S. lawsuits involved Greenpeace advocacy work to protect Canada’s Boreal Forest.

We feel that Greenpeace’s position on this lawsuit is clearly laid out in our motions and we have no further comment at this time. If you are interested in further comments on the implications of this type of suit for legitimate advocacy work or the importance of advocating to preserve the Canadian Boreal Forest, you can contact Anthony Swift, NRDC’s Canada Project Director calling 202.513.6276 or via email to aswift@nrdc.org.