Excerpt from:Seattle Biomass Developer
Threatens to Sue Biomass Opponent
By Josh Schlossberg
An attorney for the Seattle Steam Company sent a letter to biomass opponent Duff Badgley of Seattle, Wash. forbidding him from making certain public statements—including use of the term “incinerator”—in reference to air pollution threats from the company’s existing downtown biomass incinerator and another proposed natural gas facility.
“The language you have used publicly is a commercial disparagement of Seattle Steam’s legitimate business and will cause it harm,” reads the letter from Edward W. Pettigrew of Graham and Dunn law firm to Badgley, coordinator for No Biomass Burn and a member of Occupy Seattle. The letter warns that “having advised you of the falsity of your statements, your continued use of them will render you liable for defamation and commercial disparagement.”
“This is a national story about toxic incinerators and freedom of speech and the right to protest—anywhere,” wrote Badgley via email.
According to the Merriam-Webster Dictionary, to “incinerate” is to “cause to burn to ashes.” “Incinerator” is defined as “a furnace or a container for incinerating waste materials.”
“Approximately 10 to 12 truckloads of clean urban waste wood will be delivered to the site daily. Seattle Steam will use approximately 250 tons per day,” reads a “Frequently Asked Questions” link on Seattle Steam’s official website under the heading “Where does Seattle Steam get the wood it burns and how much will it use?”
Seattle Steam’s letter also takes issue with a statement allegedly made by Badgley that the existing biomass incinerator emitted particulate matter at levels so “lethal it can kill ‘on the very day’ of exposure.” An American Lung Association report State of the Air: 2008 claims “First and foremost, short-term exposure to particle pollution can kill. Deaths can occur on the very day that particle levels are high…”
Particulate Matter can cause decreased lung function, aggravated asthma, chronic bronchitis, irregular heartbeat, nonfatal heart attacks, and premature death in people with heart or lung disease, according to the U.S. Environmental Protection Agency. Air pollution control permits have documented that significantly higher levels of particulate matter are emitted from biomass incinerators than from even facilities that burn coal, the dirtiest of fossil fuels.
In response to the letter, Occupy Seattle is asking Seattle residents to file a complaint with the Washington State Bar Association against Seattle Steam’s attorney, Edward Pettigrew. The complaint reads that the letter sent to Badgley “contains knowingly false statements of facts, violates the constitutional rights of free speech of Mr. Badgley and Occupy Seattle, maliciously seeks to curb lawful protest by Mr. Badgley and Occupy Seattle, and constitutes harassment of both Mr. Badgley and Occupy Seattle.”
Seattle Steam did not respond to a phone call asking for comment.
Link to complete article:
http://climate-connections.org/2012/03/12/seattle-biomass-developer-threatens-to-sue-biomass-opponent/
Link to No Biomass Burn:
www.nobiomassburn.org
Link to Occupy Seattle:
www.occupyseattle.org
Congratulations,no one cries foul faster or louder than a corporate bully when their dark acts are dragged into the light of day. It’s okay to jeopardize the health of our most vulnerable citizens but not okay to fight back. Screw you Seattle Steam! Keep up the good work, Duff.
ReplyDeleteThank you Duff for your continuing defense of my right to breathe fresh air, whether it is in Shelton or Seattle. These bad boys can dish it out, but they cannot take it.
ReplyDeleteEvery statement Duff makes is based on science, and we have the 3 foot piles of scientific papers to prove it. If they choose to bring suit against Duff, there are a few now quite expert witnesses who can testify to the real nature of their business and its effects on humans.
A lawsuit against Duff would be a vehicle and an opportunity for us to present evidence against them...
I don't think they would make it that easy for us.
This comment has been removed by the author.
ReplyDeleteSUBMITTED BY: Jake Rufer
ReplyDeleteI am appalled with the action of the Seattle Steam attorney. Surely, he knows more law than he seemed to indicate in his letter to Duff Badgley. I see Seattle Steam's threat to Duff as a hollow threat. If Seattle Steam should actually file suit along the lines as revealed by its attorney, it likely would be laughed out of court
Remember the Texas cattlemen who sued Oprah Winfrey for causing several million dollars worth of damage? When on the air, Oprah winced at the thought of eating a burger, given the threat of mad cow disease. The plaintiffs were not able to show that Oprah made the statement with malice. And the case fell into the same category as that alleged by Seattle Steam's attorney: libel under business disparagement law.
Seattle Steam--take a lesson from Oprah.