Introduction
Climate activists have often engaged a wide range of tactics in their efforts to bring down fossil fuel emissions and halt climate change. But what about the tactics used by fossil fuel companies to obstruct climate action and suppress critique?
If activists are to stand up against these powerful forces, understanding their strategies and tactics is important.
Drawing on the work of Lacy-Nichols and colleagues (2022), this article explores key methods used by fossil fuel companies to obstruct and suppress critique.
Strategic Areas
Grouping these methods under eight core strategic areas, the article offers insights to any activist trying to fight back against fossil fuel hegemony.
The fossil fuel obstruction playbook (based on the corporate playbook developed by: Lacy-Nichols et al. 2022):
- Intimidate and vilify critics and climate protesters
- Attack and undermine legitimate science
- Frame and reframe the discussion and debate
- Leverage front groups and camouflage actions
- Lobbying and influence the political process
- Develop corporate alternatives to policies
- Deploy corporate social responsibility and partnerships
- Regulation and policy avoidance
1. Intimidate and Vilify Critics and Climate Protesters
Climate and environmental activists globally can face serious tactics of intimidation at the hands of governments and corporations. There are even reported incidents of environmental activists being killed for speaking out about damage caused by industries such as agribusiness, logging and mining (Global Witness, 2019; Greenpeace, 2018). However, even less extreme forms of intimidation can cause harm to climate progress.
Attempts to vilify opponents can sit at the discursive level, through communications, media releases and public documents shared by the fossil fuel industry. Where climate protesters, scientists and civil society groups may attempt to speak out against the fossil fuel industry, industry officials may likewise attempt to undermine the legitimacy and credibility of these actors.
Focusing on interactions between the coal industry and the divestment movement, Ayling, for example, has described this as a “contest for legitimacy”, where each side attempts to undermine the other’s perceived legitimacy (Ayling, 2017).
The coal industry has particularly focused on undermining the divestment movement’s moral legitimacy. In this way, Ayling describes the way the coal industry has attempted to present the movement as “intentionally deceitful and unethical, and indeed even illegal” (Ayling, 2017).
Using these public communications and media tactics as a way of spreading negative narratives about their opponents is an effective way that the fossil fuel industry can attempt to vilify and undermine climate actors.
Similarly, the fossil fuel industry has increasingly used lawsuits and legal challenges as an attempt to silence and intimidate climate advocates. Lawsuits do not even need to have legal merit to be an effective means of chilling public participation, such as in the case of SLAPP suits (strategic lawsuits against public participation) (Deming, 2023; Nosek & Higham, 2024).
Fossil fuel companies may file lawsuits simply to tie advocates up in legal processes, resulting in legal fees, huge amounts of time and psychological damage. These SLAPP suits are designed to intimidate activists and make others fearful of participating in climate advocacy (Deming, 2023; Nosek & Higham, 2024). Given the massive imbalance of resources between the fossil fuel industry and climate advocates, these lawsuits can be a powerful means for shutting down legitimate critiques.
Tactic in Action: SLAPP suits
In 2022 Tiwi Islanders, represented by the Environmental Defenders Office, sued fossil fuel company Santos, alleging the Barossa gas project could risk cultural heritage. The case was lost, and Santos filed subpoenas against the Environmental Defenders Office, the Environment Centre NT, Sunrise, Jubilee Australia and Market Forces, indicating that they were looking to claim costs against each of these charities (Slezak 2024b). In November 2024, the Environmental Defenders Office was ordered to pay $9 million to Santos to cover their legal costs (Slezak 2024a). These kinds of actions can have a chilling effect on climate action, where organisations risk huge costs for standing up against the power and money of fossil fuel giants.
Fighting back against SLAPP suitsOnly one Australian jurisdiction, the Australian Capital Territory, has passed legislation that is supposed to inhibit SLAPP suits, through the Protection of Public Participation Act 2008 (ACT).
The Human Rights Law Centre’s report “Stop the SLAPP” (2024) offers three recommendations: The Australian Government should enact a Human Rights Act; All Australian Governments should enact comprehensive anti-SLAPP legislation; The Federal Government should sign the Aarhus Convention.
Fossil fuel companies might also use their power and influence to lobby the government for criminalisation of protests (Fang, 2019; Greenpeace, 2018; Nosek, 2020). Nosek, for example, has highlighted the influence of fossil fuel industry trade and lobbying organisations on critical infrastructure bills in the United State of America (Nosek, 2020, p. 87). These bills make activists criminally or civilly liable for obstructing “critical infrastructure”. This “critical infrastructure” can include many fossil fuel projects, such as oil pipelines.
By using their political and economic influence to push for this kind of legislation, fossil fuel companies can protect their own interests and shut down legitimate protests at the source of carbon emissions.
2. Attack and Undermine Legitimate Science
Fostering doubt and maintaining a sense of controversy on matters of climate science can help fossil fuel companies to delay climate action. Where the realities of the climate crisis demand definitive action, fossil fuel industry incumbents attempt to minimise, dismiss, and pour doubt over the general scientific consensus.
Researchers have demonstrated the often deliberate and organised efforts of fossil fuel companies, think tanks and industry associations to attack and undermine legitimate climate science (Beder, 2014; R. J. Brulle, 2021; Dunlap & McCright, 2011; Farrell, 2016; Hudson, 2020). Wight and Nyberg have detailed how the fossil fuel industry moved from narratives of outright denial to those of delay as social expectations and understandings of climate change shifted (Wright & Nyberg, 2021). Brulle has detailed the climate change countermovement’s efforts to spread scientific misinformation in order to “misdirect the public understanding of this issue through the promotion of uncertainty over mainstream climate science” (R. J. Brulle, 2021, p. 604). Similarly, Hudson has described how the Institute of Public Affairs (IPA), an Australian-based think tank, has run a “steady stream of articles, opinion pieces and appearances that shift between casting doubt on climate science and predicting enormous negative consequences from mitigation policies” (Hudson, 2020, p. 208). These efforts can stifle any urgency around climate action and make passing strong climate policies more politically challenging.
Further, these issues can be exacerbated by the presence of fossil fuel interests in higher education and research institutions. As Hiltner and colleagues have reviewed, the fossil fuel industry has many links to higher education, through consulting, acting on governing boards, sponsorships, endowments, and even the leasing of university-owned land for fracking (Hiltner et al., 2024). This intertwining of fossil fuel interests in academic research can cause real and perceived issues of bias (Almond et al., 2022). With poor practices of disclosure, tracking and fully understanding the influence of these university-industry partnerships is difficult (Hiltner et al., 2024). Where fostering doubt and undermining climate science is a clear tactic of obstruction for the fossil fuel industry, these connections between the industry and research institutions are of clear concern.
Tactic in Action: Attack and Undermine Legitimate Science
Woodside commissioned the CSIRO to verify its claims that increasing gas exports would reduce emissions in Asia. The subsequent CSIRO report instead found that increasing Australia’s gas supply could “prolong coal, displace renewables and increase emissions in Asia without a global carbon price” (Grieve 2022). The report was shelved, and Woodside continued to repeat its claims that increasing gas exports would reduce emissions in Asia, using this argument in its environmental application for the Scarborough gas project. Only after a freedom of information application was the CSIRO report made public (Grieve 2022).
Fighting back against Climate Misinformation
While generally recommending against mythbusting (for fear that you might reinforce the myth), Common Cause have shared four core ways you can counter false information:
1. Avoid negation
2. Serve up a truth sandwich (Start with the truth, address the misinformation, reiterate the truth)
3. Optimise your content for maximum ‘truthiness’
4. Pre-empt the spread of misinformation
For the full tips have a look at the article From Elephants to Sandwiches: Countering False Information or have a look at the Countering Disinformation collection on the Commons Library.
3. Frame and Reframe the Discussion and Debate
In addition to outright denial or fostering doubt on climate science, fossil fuel industry insiders may attempt to reframe the issue of climate change to promote narratives that are more favourable to their interests. These often include narratives that maintain the status quo, limit the need for action and endorse industry solutions. These frames can be promoted and spread through public communications, mainstream media, social media, and even through schools as part of what has been referred to as “petro-pedagogy” (E. M. Eaton & Day, 2020).
In the information and data age, censorship no longer needs to resemble the direct repression of information. Instead, powerful actors, such as the fossil fuel industry, are able to flood the public sphere with alternative information, helping to divert attention away from unfavourable narratives (Tufekci, 2017, p. 30). The fossil fuel industry has been using social media, for example, as a powerful tool for spreading narratives that are complementary to their interests (InfluenceMap, 2021).
There has been growing scholarship that has attempted to categorise and analyse the popular frames used by the fossil fuel industry. Some of the core frames that have been identified across the literature include: techno-optimism (Megura & Gunderson, 2022; Wright et al., 2021; Zhang & Zhang, 2024), portraying the fossil fuel industry and essential or necessary (Ayling, 2017; Megura & Gunderson, 2022; Si et al., 2023; Wright et al., 2021), shifting responsibility for action through frames of individualisation or adaptation (InfluenceMap, 2021; Nyberg & Wright, 2024; Supran & Oreskes, 2021), and frames of compliance (Megura & Gunderson, 2022; Zhang & Zhang, 2024).
Techno-Optimism
Techno-optimism refers to the belief that broad social change is not necessary to solve the climate crisis, and technological innovation will provide the necessary solutions, for example carbon capture and storage technology (Megura & Gunderson, 2022). Relying on this frame allows fossil fuel companies to position themselves at the forefront of energy solutions, thus arguing for continued investment in the industry (Wright et al., 2021). When engaging in this frame, fossil fuel companies often downplay the drawbacks and limitations of the technologies they promote (Megura & Gunderson, 2022).
Tactic in Action: Framing the Issue through Techno-optimism
The fossil fuel industry has long championed carbon capture and storage as a way to reduce emissions. Oil and gas lobby group Australian Energy Producers recently claimed Australia could become a “decarbonisation powerhouse” and generate nearly $600 billion by storing other countries’ carbon dioxide (Readfearn 2024). Chevron’s Gorgon project in Western Australia also houses the world’s largest carbon capture and storage project. This project is supposed to sequester 80% of Gorgon’s carbon dioxide but is only working at one third capacity and has been mired in controversy (Morton 2023; Mercer 2024). Critics have claimed these kinds of projects act as a distraction and a licence for fossil fuel companies to continue polluting, relying on overly optimistic visions of technological solutions, rather than truly decarbonising (Mercer 2024; Climate Council 2023). Pushing these techno-optimist frames can help fossil fuel companies to prolong investment in the industry.
Fighting back against Opposition Frames
The Commons Library has many resources on changing the narrative and framing the debate that can be applied to fossil fuel activism. Or for more specific examples, jump straight to the climate and climate justice topic in Framing Issues for Social Justice Impact.
Essential
Fossil fuel industry communications also often promote the industry as essential and necessary to development, economies and the provision of services. According to Megura, framing fossil fuels as essential allows the industry to justify its existence, despite any harms the industry may cause (Megura & Gunderson, 2022, p. 5).
These narratives also attempt to demonstrate how fossil fuels are essential to climate solutions. Si and colleagues, for example, found that in social media posts, fossil fuel companies, such as Shell, ExxonMobil, BP and TotalEnergies, often linked stories about renewables to the promotion of fossil gas, building a narrative that gas was an important and necessary part of the renewable transition (Si et al., 2023).
Individualisation and Adaptation
Pushing the responsibility for bringing down carbon emissions onto individuals and consumers allows fossil fuel companies to eschew much of the industry’s responsibility for climate action. These narratives often play into a “behavioural” reading of energy systems change that has been popular in policy arenas.
This reading emphasises the role of individuals’ behaviours on responding to climate change and sidelines the extent to which governments and corporations create and prevent opportunities and options for change (Shove, 2010).
In addition to narratives of individualisation, Nyberg and Wright have described how businesses have recently shifted to promoting climate change adaptation initiatives (Nyberg & Wright, 2024). According to the authors, by shifting the focus onto adaptation, governments and businesses alike have been able to uphold fossil fuel hegemony by downplaying the need for emissions reduction and mitigation (Nyberg & Wright, 2024). In both frames of individualisation and adaptation, the emphasis is on shifting responsibility away from how the fossil fuel industry can reduce emissions and focusing instead on individual and community-level responsibility for emissions reduction and adaptation programs.
Compliance
Another core way the fossil fuel industry attempts to reframe the debate is by focusing attention on how the industry is compliant with various regulations, codes and policies. This in turn shifts attention away from the unsustainable aspects of the industry, instead promoting an idea of ethical and environmentally responsible corporations. However, as Megura and Gunderson argue, this form of greenwashing “conceals any harm done in the past, as well as the harm that still occurs even when regulations are met… The industry is portrayed in a more positive light than it deserves, which may appease the worries of its shareholders” (Megura & Gunderson, 2022, p. 8). In this way, the fossil fuel industry is able to build a narrative of an industry that complies with regulations and minimise narratives of the harm they may cause.
4. Leverage Front Groups and Camouflage Actions
Reframing the discussion on fossil fuels is much more effective if it appears that these favourable narratives are coming from diverse and independent voices. One tactic for achieving this is by funding front groups to share and promote the same agendas. Fossil fuel companies and trade associations have been found to spend millions of dollars funding think tanks, front groups, and civic foundations (Beder, 2014; R. Brulle & Downie, 2022). These fossil-fuel funded think tanks and organisations then go on to spread misinformation and narratives of climate change scepticism, while maintaining an appearance of independence (Beder, 2014). This helps to keep favourable narratives in the public sphere by pushing them from multiple sources.
Within this range of tactics is the practice of astroturfing, where corporations will sponsor fake grassroots organisations, which are designed to appear as though they are representing everyday citizens (Beder, 1998; Cho et al., 2011; Keller et al., 2020). These practices can rely on social media as well, setting up fake accounts and driving up engagement on particular topics to give the appearance of a coordinated grassroots movement (Chan, 2024; Keller et al., 2020; Kinder, 2024). While carefully masked behind local community concerns, following the funding and membership of these groups can demonstrate the presence of vested interests.
There has also been some research in recent years into the role of the largely obscure “Atlas Network” in funding and coordinating think tanks around the world (Graham, 2024; Walker, 2023). The Atlas Network exists as a massive umbrella organisation that coordinates 515 think tanks and research institutes across 99 countries, including those in Australia such as the Institute of Public Affairs (Walker, 2023).
Scholars have traced the history of the Atlas Network, demonstrating the deep connection and joint memberships between Atlas Network think tanks and the fossil fuel industry, and particularly how these Atlas funded think tanks have been responsible for spreading climate denial and pro-fossil fuel narratives (Graham, 2024; Walker, 2023). As Walker describes of this vast network:
Each thinktank is designed to generate a constant flow of easily read outputs, duly amplified by aligned media to influence public opinion and shape government policy. Flooding the public sphere with constantly repackaged ‘opinion’ pieces, ‘research’ papers, submissions to government inquiries, Facebook memes and shock-jock outrage… (Walker, 2023, pp. 111–112)
Ultimately, these funding networks help to camouflage the actions of vested interests, pushing pro-fossil fuel narratives into the public sphere from multiple avenues.


Tactic in Action: Astroturfing
In 2019 reporting by The Guardian revealed that fossil fuel giant Glencore had hired the C|T Group to run a coordinated pro-coal campaign known as “Project Caesar” (Knaus 2019). With an annual budget of between £4-7 million, Project Caesar set up seemingly grassroots Facebook groups and pages to spread pro-coal and anti-renewable messages. The campaign was a classic example of astroturfing, with the company attempting to give the appearance that pro-coal sentiments were widely held across the community. More recently, similar tactics have been observed by groups spreading pro-nuclear narratives in Australia (GetUp! 2024).
Fighting back against Front groups and Astroturfing:
Perhaps the best way to counteract the influence of fossil fuel front groups and fake grassroots astroturf campaigns is by engaging in real grassroots organising with communities. Have a look through the Commons Library’s Organising: Start Here topic overview, learn key lessons about organising against the far right, or learn from the experiences of building a just transition for Collie in WA.
5. Lobbying and Influence the Political Process
Fossil fuel companies regularly attempt to influence the political process in order to control policy outcomes.
There is extensive scholarship on the role of lobbying in fossil fuel obstructionism (Balková, 2020; Beder, 2014; Böhler et al., 2022; R. J. Brulle, 2018; Daub et al., 2021; Fang, 2019; Graham et al., 2020; Meng & Rode, 2019; Rocchi, 2022; Scott, 2018; Sherrill, 2013; Stoddard et al., 2021).
Lobbying is a tactic where private firms attempt to influence public office holders on issues of legislation, regulations and policies. Effective lobbying means that policy makers are hearing pro-fossil fuel frames more regularly, ensuring that these frames are easily at hand when policy decisions are made (Drutman, 2015, p. 36).
Researchers have traced the influence of lobbying on various pieces of local, national and international climate policy, for example emissions trading policies (Beder, 2014; Meng & Rode, 2019), Australia’s “Future Gas Strategy” (InfluenceMap, 2024), and the Paris Agreement (Stoddard et al., 2021, p. 662). However, Brulle is careful to point out that even within the same industry, different organisations will have different lobbying positions, with variation between narratives pushed in the policy arena (R. J. Brulle, 2018).
Increased lobbying can lead to state and regulatory capture, where regulators are influenced and guided by the very industries they are supposed to be regulating. This can even take the form of closed-door joint policy making by governments and industry, where industry officials are given extraordinary access to consultation and feedback on policy as it is being created (Daub et al., 2021). Particularly where these processes lack transparency, public confidence in climate policy can be reduced.
Scholars have also noted the role of a “revolving door” between the fossil fuel industry and government administrations in promoting fossil fuel interests in public policy (Kevin, 2017; Lucas, 2018; van Apeldoorn & de Graaff, 2012). This revolving door or “golden escalator” refers to the movement of staff between government positions and the fossil fuel industry. This might involve fossil fuel industry players moving into political staffer or bureaucratic roles, or former staffers, bureaucrats and ministers moving into corporate positions within the industry (Kevin, 2017; Lucas, 2018; van Apeldoorn & de Graaff, 2012). These personal and professional ties between the industry and governments can cause serious issues of regulatory bias in favour of fossil fuel interests.
Tactic in Action: Fossil Fuel Lobbying in Australia
The fossil fuel industry is a powerful force in Australian politics and government. Lobbyists for the industry even referred to themselves as the greenhouse “mafia” in the early 2000s (ABC Four Corners 2006). A 2022 report by Australian Democracy Networked detailed the extensive influence of the industry, from significant financial interventions, powerful lobbying networks, the revolving door between the industry and government, and the repurposing of regulatory bodies and institutions towards pro-fossil fuel aims (Australian Democracy Network 2022). Research by Influence Map has demonstrated the influence of fossil fuel lobbying on Australian climate policy. Multiple organisations have advocated for fossil fuels to be included in the Capacity Investment Scheme, for example, which would see funding intended for renewables being diverted to fossil fuel programs (InfluenceMap 2024). In October 2024, the Coalition announced it would allow new and existing fossil gas power plants to access the Capacity Investment Scheme if it wins the 2025 federal election.
Fighting back against Lobbying:
The Australian Democracy Network lists four recommendations to combat state capture in their report Confronting State Capture (2022):
- Recognise state capture as a systemic threat to Australian democracy;
- All parties and candidates should commit to legislating reforms under the Framework for a Fair Democracy
- Creative political, economic and social consequences for the corporate powers and political decision makers who participate in the tactics of state capture
- Protect vibrant, diverse civic participation at the heart of our healthy democracy.
In addition to these recommendations to confront state capture and fossil fuel lobbying head on, when looking to counter a politically powerful opposition, campaigners sometimes need to use creative and strategic tactics to achieve their aims. For example, when politicians are captured by fossil fuel interests, targeting these decision-makers through mass mobilisations won’t necessarily lead to the required impact.
Campaigners from 350 Australia found this when working against Adani’s coal mine in the Galilee Basin. Instead, the campaigners asked: what would threaten their opponent’s ability to carry out their plans? Their answer: targeting banks that might finance the coal project. These kinds of strategic choices can help groups to effect change and achieve their goals even in circumstances of high state capture. Learn more about how, by thinking like their opposition, 350 Australia made strategic choices in their campaign against the Galilee Basin coal project in this case study on the Commons Library.
6. Develop Corporate Alternatives to Policies
As popular understandings of climate change have increased, fossil fuel companies have needed to move their position from outright denial of climate change to keep up with community and investor expectations. It is often no longer enough to ignore or deny climate change, instead companies have needed to create the appearance of action.
Integral to this tactic is companies creating self-regulation, internal climate policies and voluntary codes of conduct, for example voluntary net zero goals, that help to placate investors and critics while pushing off attempts at real government regulation (Ekberg et al., 2022, p. 34; Wright & Nyberg, 2015, p. 85). In this way they aim to appear as model corporate climate citizens, without having to commit to more concrete actions. Nyberg and Wright have called this a tactic of ‘predatory delay’ in which “the fossil fuel industry seeks to slow the process of decarbonisation to maximise their financial returns in the short term while appearing as concerned corporate citizens” (Wright & Nyberg, 2021, p. 119). In this way, companies can continue to prioritise profitability and shareholder returns.
This in turn allows corporations to promote ideas of green capitalism and market-based solutions to the climate crisis. In these scenarios, the government moves from the role of regulator into one of facilitating and supporting companies in their pursuit of green capitalism (Wright & Nyberg, 2015, p. 87). This creates win-win narratives, where companies and governments can continue to pursue endless growth, push off effective decarbonisation, all while maintaining the image of climate action.
Tactic in Action: Corporate Alternatives to Policies in Net Zero Plans
Many fossil fuel companies in Australia, such as Woodside, Chevron, Shell, Glencore, BHP and Santos have made public commitments to achieve net zero emissions by 2050. Woodside, for example, says it plans to reach net-zero on scope-1 and scope-2 emission by 2050. However, not following the United Nations 10 recommendations for robust net zero commitments, Woodside continues to invest in new fossil fuel supply, uses offsets to meet interim targets, fails to address scope-3 emissions and continues to lobby to undermine government climate policies (Australian Conservation Foundation 2024). These failings demonstrate the importance of industry not being left to self-regulate on climate policy.
Fighting back against Corporate Alternatives to Policies in Net Zero Plan:
The Institute for Sustainable Futures at the University of Technology Sydney has put forward five recommendations to support net zero integrity in Australian organisations:
- Regulatory guidance for science-aligned business transition plans
- Uniform standards for business transition plans
- Increased transparency and comparability of transition plans
- Commitment to a just transition and addressing nature-based risk
- Skills and resources

7. Deploy Corporate Social Responsibility and Partnerships
Fossil fuel companies often use corporate partnerships and sponsorships to maintain their social licence to operate. Sponsoring sports, arts and cultural institutions allows the fossil fuel companies to link their brands to key cultural and social pillars and create positive brand images (Morgan et al., 2023). This has sometimes popularly been known as “sportswashing” or “artswashing”.
There are different forms this practice might take. Eaton and Enoch distinguish between strategic philanthropy, where fossil fuel companies will give out funding in order to achieve specific business-related goals, and community engagement, where fossil fuel companies attempt to build relationships with community stakeholders (E. Eaton & Enoch, 2021, p. 312).
These sponsorships result in an exchange of financial capital for symbolic capital, which can result in the commercialisation of “intangible associations, values and meanings” (Motion, 2017, p. 729). This is what Eaton and Enoch call “hegemonic community economic identity”, where companies tap into shared social values, experiences and identities, entangling their company into the social fabric of a community (E. Eaton & Enoch, 2021, pp. 312–313). This can mean that community members begin to relate to these companies, connecting their own identities and values with those of the company, even helping to protect them from criticism.
Where public funding can be limited for arts and cultural institutions, accepting fossil fuel sponsorships can be tempting. Although, as pointed out in a report by the Climate Council, when teams and organisations divest from sponsorship, funding gaps can be filled by governments, and similar arguments about the financial necessity of tobacco sponsorships have not held up since they ended (Morgan et al., 2023, pp. 26–27).
Tactic in Action: Sportswashing and Artswashing
Fossil fuel company Woodside has sponsored many different arts, cultural and sporting programs as part of its corporate social responsibility strategy. It’s commonplace to see young children taking part in Nippers surf lifesaving programs running across WA beaches with “Woodside” emblazoned across their backs during the summer months. Woodside is an active sponsor of the Fremantle Dockers AFL team, having renewed their partnership until 2027. The company has also sponsored a number of arts and cultural programs, including Perth’s Fringe World festival and the Western Australian Symphony Orchestra.
Fighting back against Artswashing:
After ongoing protests from performers and audiences, Woodside ended its sponsorship deals with Perth’s Fringe World festival in 2024 (Burke 2024). This decision meant that 2024 was the first time the festival was able to run without any fossil fuel sponsorships, as Chevron had also ended their sponsorship of the festival in 2023. Also in 2024, Woodside let their sponsorship deal with the Western Australian Symphony Orchestra expire (Burton 2024). These two examples show the power of sustained activism in pushing fossil fuel interests out of important cultural institutions and damaging the social licence of these companies.
8. Regulation and Policy Avoidance
Companies are also using international legal pathways to avoid and obstruct regulation. Investor-state dispute settlement (ISDS) clauses, for example, are clauses found in investment treaties that allow foreign investors to sue states for taking particular actions or enacting regulations that might impact their investments. Increasingly investor state dispute settlements are being used by fossil fuel companies against environmental and climate legislation (Tienhaara 2018; Di Salvatore 2021; Preston and Butler 2024; Tienhaara et al. 2023).
In Australia, for example, Clive Palmer’s Zeph Investments has brought two ISDS claims totalling $341.3 billion against Australia about coal exploration permits in Queensland and a mining lease in Western Australia (Parliament of Australia, Joint Standing Committee on Trade and Investment Growth 2024, 57). These actions have the potential to chill domestic climate regulations, even where the claims are not successful (Tienhaara 2018).
Tactic in Action: Regulation and Policy Avoidance
Investor-state dispute settlement (ISDS) clauses are allowing foreign investors to sue states for enacting climate regulations. Some research has suggested that if states enact climate legislation in line with net zero goals, this has the potential to cost nations around the world, and most particularly in the Global South, $60 to $234 billion (US) (Tienhaara et al. 2022). Fossil fuel companies have been using these processes to chill climate action around the world.
Fighting back against Regulation and Policy Avoidance:
An article published in Science suggested three ways that countries can push back against ISDS claims:
- States terminate bilateral investment treaties as a way of preventing existing leaseholders from accessing ISDS. The authors cite South Africa as an example of a country that has done so without any negative impacts to their foreign investments.
- States to negotiate for ISDS clauses to be removed from trade agreements.
- States to prevent ISDS from being used in cases involving fossil fuel interests (as some nations did for the tobacco industry).
Conclusion
Fossil fuel companies have used a massive array of strategies and tactics to obstruct climate action and suppress valid critique. The financial, political and social power of these companies has meant that many of these tactics have been highly effective, helping to maintain fossil fuel hegemony.
These companies have vilified critics, poured doubt over legitimate science, pushed out pro-fossil fuel frames from multiple sources, lobbied political decision-makers, greenwashed their internal climate policies, embedded themselves in our cultural institutions, and used legal loopholes to avoid and obstruct climate regulations. But the more we understand the tactics these companies are using, the better equipped we are to fight back.
As well as detailing examples of the tactics in action, this article has offered some ideas for pushing back against fossil fuel hegemony and corporate power. Activists across the world have already been claiming powerful wins for the climate, and there’s no doubt we’ll continue to do so.
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