WHITE MARLIN

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Shell and Greenpeace reached settlement

On Dec 10, 2024, a settlement agreement has brought to an end litigation commenced last year by claimants including the Shell UK Ltd. against defendants including Greenpeace UK, Greenpeace International and individual Greenpeace activists. The litigation concerned a protest carried out by Greenpeace activists who boarded and occupied the 'White Marlin' carrying an FPSO in transit to the Penguins oilfield in the North Sea in protest against Shell’s contribution to climate change. Four activists had boarded the vessel and FPSO on Jan 31, 2023, and were joined by two other activists on Feb 6. They remained on board the FPSO until it reached Norway on Feb 12 and did not damage the ship or the FPSO or cause delay to the voyage. Four activists boarded the vessel and FPSO on 31 January 2023, and were joined by two other activists on 6 February 2023. The activists remained on board the FPSO until it reached Norway on 12 February 2023. The activists did not damage the ship or the FPSO or cause delay to the voyage. The purpose of the protest was to call attention and express opposition to Shell UK’s redevelopment of the Penguins Field, and Shell’s contributions to climate change more generally. Shell UK sought and obtained urgent interim injunctions in February 2023 and then pursued a damages claim against the Greenpeace entities in the Admiralty Court. Shell UK sought around £800,000 in damages, as well as substantial costs. Shell UK’s primary claim was based on the tort of unlawful means conspiracy, which was itself based on allegations that the Greenpeace entities committed unlawful acts of: (i) breaches of the International Convention for the Safety of Life at Sea 1974 (SOLAS) and the International Regulations for Preventing Collisions at Sea 1972 (COLREGS); (ii) trespass to goods; and (iii) criminal offences under the Maltese Criminal Code. In the alternative, Shell UK brought claims based on alleged breaches of the Maltese Civil Code. The claim raised legal issues regarding the limits of the tort of unlawful means conspiracy and its relationship with the freedoms of expression and assembly protected under Articles 10 and 11 of the European Convention on Human Rights (ECHR). Greenpeace denied inter alia that breaches of international law, breaches of foreign law and torts actionable only at the suit of third parties could not be relied upon as unlawful acts in a claim for unlawful means conspiracy. They also argued that the imposition of liability, and the award of damages and costs would amount to a disproportionate inference with their rights under Articles 10 and 11 ECHR. The claim was primarily advanced in tort under English law with reference to Maltese law and Dutch law. The defendants denied liability and invoked Articles 10 and 11 of the European Convention on Human Rights. The settlement agreement involves Greenpeace making a donation of $382,650 to the RNLI. Shell’s lawsuit sought slightly less than $1 million. Naomi Hart (together with Richard Lord KC of Brick Court Chambers, David Simpson of 3VB, Anna Hoffmann of 4 Pump Court and Joshua Jackson of Doughty Street Chambers) acted for the defendants.

Greenpease ends its occupation

13 days after boarding the 'White Marlin' and occupying Shell’s FPSO which was being transported, Greenpeace’s activists left the vessel when it reached Haugesund on Feb 12. The group’s UK organization said the protest has been Greenpeace’s longest-ever occupation of a moving oil platform. Protestors took one more opportunity to call attention to their message as the heavy-lift vesselmade its way into the port of Haugesund in the morning. The six protestors aboard the oil platform climbed the 410-foot flare boom on the FPSO to unfurl their banner reading “Stop drilling. Start paying.” The arrival of the heavy-lift vessel was also met by more Greenpeace protestors circling the vessel with the oil platform aboard Greenpeace Nordic’s 26-foot sailboat Tanker Tracker. They were also displaying protest banners. A judge in the UK issued an order last week for the protestors to disembark as soon as the vessel docked in Norway. The first four individuals had boarded the 'White Marlin' on Jan 31 when it was off the coast of Africa and according to Greenpeace traveled approximately 2,150 nautical miles occupying the Shell FPSO. On Feb 6, two more Greenpeace protestors also boarded the vessel while it was in the English Channel. Greenpeace targeted the FPSO as it is Shell’s first new manned vessel deploying in the North Sea in 30 years. It is scheduled to deploy into the Penguins oil field with the project at peak production expected to yield the equivalent of 45,000 barrels of oil per day. Greenpeace is also angered that Shell has said it could open up further areas for exploration in the field. Shell went to court in the UK three times, first seeking to create an exclusion zone around the heavy-lift vessel as it was traveling north and the court ordered the protestors to agree on a plan to disembark. After the two additional protestors also boarded the vessel the court issued a second injunction to prevent any further protestors from coming aboard the 'White Marlin' and telling those aboard that they had to disembark as soon as the vessel reached Norway. Shell has also filed a claim in the British courts valued at $120,000 over alleged damages and costs from the protest. Shell is asking the court to order Greenpeace to pay for the increased security required because of the protestors boarding the ship as well as due to the unlawful erecting of solar panels and a wind turbine while they were occupying the platform to power their efforts including communications illustrating the protest. Report with photos: https://maritime-executive.com/article/greenpeace-ends-its-longest-occupation-of-a-moving-oil-platform

Greenpeace continues to escalate protests

Greenpeace is continuing to escalate its protests against Shell and the company’s offshore oil drilling including continuing to occupy an FPSO unit being transported aboard the 'White Marlin' to join the company’s North Sea operations. Despite court orders seeking to end the protests they were in a standoff as the vessel is now anchored in the North Sea. The protestors were demanding that Shell stop expanding its oil and gas production around the world and take responsibility for “fueling the climate crisis” by paying taxes. The protest began off the coast of Africa on Jan 31 when Greenpeace activists using small boats boarded the 'White Marlin', transporting the FPSO. Greenpeace says the unit will be a key piece of oil and gas equipment that will be used to unlock eight new wells in the Penguins field in the North Sea. After the vessel was boarded Boskalis were monitoring the situation and were in close contact with Shell on how to proceed. Since then, the 'White Marlin' has continued sailing north showing its destination as Havgesund with an ETA as of Feb 8. However, late on Feb 7, the vessel dropped anchor in the North Sea in a position between Denmark and Scotland. Shell had already gone to the High Court in the UK seeking to bring an end to the protest. They prevailed and received an injunction from the court stipulating that the four activists occupying the FPSO were to seek to agree to a plan with the 'White Marlin'’s captain to safely disembark. Two vessels assisting Greenpeace, the UK-flagged 'Sea Beaver' and the Dutch-flagged 'Arctic Sunrise' operated by Greenpeace, along with their small boats were also ordered to stay outside a 500-meter exclusion zone around the 'White Marlin'. Greenpeace responded to the court injunction by escalating the protest with two additional protestors climbing to join the four already aboard the vessel. Pascal Havez of France and Silja Zimmerman of Germany climbed aboard the 'White Marlin' on Feb 6 with the assistance of the Greenpeace France chartered trimaran 'Merida' and two small boats while the ÄWhite Marlin' was in the English Channel. The six protestors continued to occupy the FPSO displaying their banners reading “Stop Drilling. Start Paying.” Aboard the 'White Marlin', the six activists have set up a small wind turbine which they are using to power their communications equipment. They have been sending out updates and videos from the site. During a second hearing in the courts on Feb 7, Greenpeace was facing potential penalties of up to two years in jail for the protestors and fines if they were held in contempt of court. The judge however granted a second order designed to stop any further protestors from boarding the 'White Marlin'. In addition, the protestors were ordered to disembark as soon as possible after the vessel arrived in Norway. Shell said it was trying only to stop “further highly dangerous actions,” but not the right to protest. The judge also worried that the protestors’ actions might also be putting the crew of the 'White Marlin' at risk. Report with photos: https://maritime-executive.com/article/more-greenpeace-protestors-board-heavy-lift-vessel-carrying-shell-fpso