ANCHORAGE — Lawyers for Royal Dutch Shell PLC offered testimony to a federal court judge Tuesday that the company needs safety zones around its Arctic drill fleet to prevent Greenpeace USA activists from endangering company workers and themselves.
An attorney for Greenpeace told US District Judge Sharon Gleason that Shell’s request would usurp the maritime authority Congress gave to the Coast Guard and harm free speech rights of Greenpeace activists, who have the right to approach Shell vessels to draw attention to harmful drilling in the Arctic.
Gleason, after a seven-hour hearing, said she will consider additional briefs before deciding whether to grant Shell’s request for an injunction banning Greenpeace from approaching Shell’s Arctic fleet through Oct. 31, which covers the 2015 drilling season. A ruling could come within a week.
Shell is seeking federal approval to use two drill vessels for exploratory drilling this summer on federal leases in the Chukchi Sea off Alaska’s northwest coast. A Shell manager testified Shell has spent upward of $7 billion on its Arctic project.
Arctic drilling is strongly opposed by conservation groups, which say polar regions are being damaged by climate warming at twice the rate of the rest of the planet and would be severely harmed by industrial development. The groups say oil companies have not demonstrated the ability to clean up a spill under the best of circumstances, much less in remote, cold waters far from infrastructure such as ports and Coast Guard bases.
An injunction would give Shell a tool to take action against protesters in civil court rather than criminal court.
Attorney Jeffery Leppo told Gleason the company could seek contempt citations for illegal, direct actions taken by Greenpeace, such as boarding vessels in transit.
Activists from Greenpeace International this month boarded a heavy lift ship as it crossed the Pacific from Malaysia to a staging area in Washington state. Greenpeace past acts and statements are a concern for future actions, he said.
Shell is seeking a 1,000-meter safety zone around most of its fleet and 1,500 meters around drill vessels.
David George, Shell’s Alaska maritime assurance manager, said that much space is needed to safely operate large vessels that do not maneuver well. The Polar Pioneer, a Transocean Ltd. semisubmersible drilling unit, is 300-by-400 feet and taller than the Statue of Liberty.
Greenpeace campaigner Mary Sweeters testified that halting Shell drilling is a top priority for her group and peaceful protests that break trespass or other laws are a tool used to draw attention to the cause. Images of protests on social media are powerful tools, she said, and Shell’s injunction request would hamper the Greenpeace mission.