Coal Industry SLAPP Against Environmental Advocates Dismissed
In 2001, a group of environmental advocates took out an ad in the New York Times entitled “Global Warming-How Will It End?” The ad highlighted the causes, potential impacts and possible solutions to global warming and mentioned coal as a cause of climate change.
In response, the Western Fuels Association, an arm of the power industry that purchases hundreds of millions of dollars of coal annually, sued the Turning Point Project, the International Center for Technology Assessment, Friends of the Earth, Ozone Action, Earth Island Institute and the Rainforest Action Network, attempting to establish claims of commercial defamation under the Lanham Act, which only applies to commercial speech among competitors, in a case involving political speech. The Wyoming district court dismissed for improper venue.
See Western Fuel Association v. The Turning Point, et. al., 2001 U.S. Dist. LEXIS 26301 (D. Wyo. March 31, 2001).
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