Shell Oil Company v. Greenpeace, Inc.

Filing 6

First MOTION for Temporary Restraining Order Motion for Temporary Restraining Order and Preliminary Injunction (Rule 65) by Shell Oil Company. (Attachments: # 1 Proposed Order [Proposed] Order Granting Motion for Temporary Restraining Order & Preliminary Injunction)(Leppo, Jeffrey)

James E. Torgerson (Bar No. 8509120)
Jeffrey W. Leppo (Bar No. 0001003)
Ryan P. Steen (Bar No. 0912084)
STOEL RIVES LLP
510 L Street, Suite 500
Anchorage, AK 99501
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff

STOEL RIVES LLP

510 L Street, Suite 500, Anchorage, AK 99501
Main [phone]
Fax [phone]

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
SHELL OIL COMPANY, a Delaware
corporation,

Case No.: 3:12-cv-00042-SLG
Plaintiff,

v.

[PROPOSED] ORDER GRANTING
MOTION FOR TEMPORARY
RESTRAINING ORDER &
PRELIMINARY INJUNCTION

GREENPEACE, INC., a California
corporation, and JOHN and JANE DOES 1-20,
Defendants.
THIS COURT, having reviewed the Plaintiff’s Complaint, Motion for Temporary
Restraining Order and Preliminary Injunction and supporting declarations, and having
considered Defendants’ opposition and the arguments presented by counsel,
Based upon the foregoing, this Court hereby FINDS that Plaintiff has demonstrated that
the entry of a temporary restraining order enjoining certain threatened activity by Defendant
Greenpeace, Inc. (“Greenpeace”) as part of an organized and staged protest of oil and gas
exploration in the Arctic is well warranted. Greenpeace has already engaged in specific illegal
acts against Plaintiff Shell Oil Company (“Shell”) exploration drilling vessel, and has succeeded
[PROPOSED] ORDER GRANTING TRO & PRELIMINARY INJUNCTION
Shell Oil Company v. Greenpeace, Inc., et al.
Page 1 of 5

in trespassing on, and tortiously interfering with operation of a drilling vessel. Moreover,
Greenpeace has demonstrated an ability to engage in further illegal activities against Shell’s
vessels, property and facilities, and intent to perpetrate additional illegal acts of trespass and
tortious interference. Based upon Plaintiff’s declarations, this Court FINDS that there is a
serious possibility of irreparable harm to persons, property and the environment, that the balance
of hardships in this instance favors the Plaintiff, and that entry of a restraining order is in the
public interest.

STOEL RIVES LLP

510 L Street, Suite 500, Anchorage, AK 99501
Main [phone]
Fax [phone]

Accordingly, this Court hereby GRANTS Plaintiff’s motion and ORDERS as follows:
1.

Greenpeace, its agents, servants, employees, and all other acting in concert with

Greenpeace, are enjoined from:
a.

Breaking into or trespassing on any vessel, property or facility in the

United States, including any vessel, property or facility located within U.S. territorial waters and
waters of the U.S. Exclusive Economic Zone (“EEZ”), that is owned or operated by or on behalf
of an affiliate or subsidiary of Shell, and is either identified by a sign, logo, or other
identification sufficient to give notice, or regarding which Greenpeace has received actual notice
through the pleadings and declarations filed in this action, that such property, facility or vessel is
owned or operated by or on behalf of an affiliate or subsidiary of Shell.
b.

Tortiously or illegally interfering with the operation, movement or

progress of any property or facility in the United States, including any vessel, property or facility
located within U.S. territorial waters and waters of the EEZ, that is owned or operated by or on
behalf of an affiliate or subsidiary of Shell, and is either identified by a sign, logo, or other
identification sufficient to give notice, or regarding which Greenpeace has received actual notice

[PROPOSED] ORDER GRANTING TRO & PRELIMINARY INJUNCTION
Shell Oil Company v. Greenpeace, Inc., et al.
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through the pleadings and declarations filed in this action, that such property, facility or vessel is
owned or operated by or on behalf of an affiliate or subsidiary of Shell.
c.

Barricading, blocking, or preventing access to or egress from any vessel,

property or facility in the United States, including any vessel, property or facility located within
U.S. territorial waters and waters of the EEZ, that is owned or operated by or on behalf of an
affiliate or subsidiary of Shell, and is either identified by a sign, logo, or other identification
sufficient to give notice, or regarding which Greenpeace has received actual notice through the

STOEL RIVES LLP

510 L Street, Suite 500, Anchorage, AK 99501
Main [phone]
Fax [phone]

pleadings and declarations filed in this action, that such property, facility or vessel is owned or
operated by or on behalf of an affiliate or subsidiary of Shell.
d.

Endangering or threatening any employee or visitor of Shell Oil or any of

its affiliates who is present on, or as they enter or exit, any vessel, facility or property in the
United States, including any vessel, property or facility located within U.S. territorial waters and
waters of the EEZ, that is owned or operated by or on behalf of an affiliate or subsidiary of Shell,
and is either identified by a sign, logo, or other identification sufficient to give notice, or
regarding which Greenpeace has received actual notice through the pleadings and declarations
filed in this action, that such property, facility or vessel is owned or operated by or on behalf of
an affiliate or subsidiary of Shell.
2.

Greenpeace, its agents, servants, employees, and all other acting in concert with

Greenpeace, are enjoined from entering the safety zones established by paragraph 3 of this
Order.
3.

The following safety zones are established:
a.

at all times, while underway within U.S. Territorial waters and waters of

the EEZ, for a radius of 1 nautical mile around the following vessels (including subsurface
[PROPOSED] ORDER GRANTING TRO & PRELIMINARY INJUNCTION
Shell Oil Company v. Greenpeace, Inc., et al.
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areas): Noble Discoverer and its tow assist (including tow lines); and Kulluk and its tow vessel
(including tow lines).
b.

at all times, while anchored within waters of the EEZ in the Chukchi Sea,

Arctic Ocean, or the Beaufort Sea, Arctic Ocean, for a radius of 1 nautical mile from the farthest
reach of the anchor spread around the following vessels (including subsurface areas): Noble
Discoverer and its tow assist (including tow lines); and Kulluk and its tow vessel (including tow
lines).

STOEL RIVES LLP

510 L Street, Suite 500, Anchorage, AK 99501
Main [phone]
Fax [phone]

c.

at all times, while moored at any port facility within the United States, for

a radius of 500 yards around the vessels (including subsurface areas): Noble Discoverer and its
tow assist (including tow lines); and Kulluk and its tow vessel (including tow lines).
d.

at the Gulf of Mexico, within U.S. Territorial waters and waters of the

EEZ, for a radius of 500 yards (including subsurface areas) around any exploration or
development drilling platform, vessel or facility identified by a sign, logo, or other identification
sufficient to give notice that such property, facility or vessel is owned or operated by Shell or one
of its affiliates.
e.

at all locations and times specified in subparagraphs “a” through “d”

above, for vertical distance of 1,500 feet into the airspace above the established safety zones.
4.

This injunction is effective as of the date and time that Plaintiff shall have placed

with the clerk of the court a cash bond or other appropriately secured undertaking to pay costs
associated with the temporary restraining order should it later be determined to have been
wrongly issued. The penal sum of such bond shall be One Thousand Dollars ($1,000.00).
5.

This temporary restraining order shall be in effect for a period of ten (10) days

from the date of this Order unless extended by further order of this Court.
[PROPOSED] ORDER GRANTING TRO & PRELIMINARY INJUNCTION
Shell Oil Company v. Greenpeace, Inc., et al.
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6.

A hearing on Plaintiff’s motion for a preliminary injunction is scheduled before

this Court for March __, 2012 at _____.

Any opposition by defendants to Plaintiff’s motion

shall be served and filed on or before ____________, 2012, and Plaintiff’s shall serve and file
any reply on or before ______________, 2012.
IT IS SO ORDERED this ___ day of February, 2012.

STOEL RIVES LLP

510 L Street, Suite 500, Anchorage, AK 99501
Main [phone]
Fax [phone]

Honorable Sharon L. Gleason
U.S. District Court Judge
District of Alaska
CERTIFICATE OF SERVICE
I hereby certify that on the 27th of February, a copy of the foregoing [PROPOSED] ORDER
GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY
INJUNCTION (RULE 65) was served on the following parties via hand-delivery and regular
U.S. mail:
Greenpeace, Inc.
125 Christensen Drive, Ste. 2
Anchorage, AK 99501
Greenpeace, Inc.
475 Katlian Street
Sitka, AK 99835
Greenpeace, Inc.
75 Arkansas Street, Ste. 1
San Francisco, CA 94107

s/ Jeffrey W. Leppo
Jeffrey W. Leppo
71296179.3 0079498-00001

[PROPOSED] ORDER GRANTING TRO & PRELIMINARY INJUNCTION
Shell Oil Company v. Greenpeace, Inc., et al.
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