Speaking up about environmental issues has always been dangerous, but the risks have grown substantially.
In the first half of 2025, President Trump and his inner circle repeatedly used the powers of the U.S. government to punish those with ideological views that differ from their own. The administration has launched various forms of attacks against political opponents, civil servants, the media, Palestinian rights activists, law firms, universities, labor unions, philanthropic foundations, and nonprofits that support immigrants, among others.
Environmental advocates have not yet been a primary target for the administration and its cronies. However, some fossil fuel industry actors and congressional allies have used rhetoric that suggests they feel emboldened to retaliate against those advocating for environmental protection and climate change action. Organizations aligned with the fossil fuel industry have also publicized the names of environmental nonprofits and philanthropic foundations that they would like the administration and Congress to investigate.
The crackdown on civil society that we are experiencing in the United States is part of a global trend – and the targeting of environmental advocates is often a part of the pattern. Environmental activism often involves challenging powerful elites who harm local communities’ health and safety. Worldwide, thousands of people experience repression, retaliation, and violence each year for speaking up about issues of public concern – including environmental and public health issues like toxic pollution, deforestation, and land grabbing.
For example, a recent investigation by the Business and Human Rights Resource Center documented over 6,400 publicly-reported instances during the past decade when human rights defenders around the world were targeted for speaking up about business-related abuses. The attacks included over 1,000 killings, as well as physical violence, judicial harassment, intimidation, and threats. Nearly three-quarters of the attacks linked to environmental, land, and Indigenous issues. Likewise, Global Witness has documented over 2,000 killings since 2012 of people who were advocating for land and environmental protections.
Attacks on environmental advocates are not a new phenomenon in the United States. For years, American businesses have used retaliatory tactics like strategic lawsuits against public participation (SLAPPs) to intimidate and silence those who they perceive as standing in their way. Increasingly, corporate interests have also used criminal law to target their critics, for example by using public police to do the work of private security. Members of Congress have also used their investigatory powers to try to compel environmental organizations to hand over sensitive data as part of fishing expeditions purporting to uncover wrongdoing.
Often, the attacks combine legal strategies with communications strategies – such as smear campaigns, online harassment, and doxxing – to amplify the reputational damage.
The chilling effect of these efforts is part of the goal: to create a climate of fear by increasing the risk of advocacy and political speech that is inconvenient or could impact corporate interests.
In such an unpredictable and rapidly changing context, environmental advocates should take steps to protect themselves. While there is no full-proof way to eliminate risk, we have compiled these recommendations to help environmental advocates prepare for the years ahead:
1. Avoid self-censorship. Many politically-motivated attacks are designed to “send a message” to a broader group. They often single out a few high profile actors with the intent of creating a chilling effect that deters others from speaking up. While those who are directly targeted need to make their own calculations about how to respond, the broader environmental community should be prepared to both publicly condemn these attacks and prevent self-censorship from taking root.
2. Know your rights. The Constitution protects the rights to free speech, freedom of assembly, and freedom of association, but the law is nuanced on what exactly is protected under each right. You will be able to advocate more effectively when you understand your legal rights, as well as the gray zones that can be exploited by powerful actors. Speaking to a lawyer is necessary to obtain accurate advice relevant to your particular situation, but many online resources provide general advice for protests and other forms of free speech.
If you choose to participate in civil disobedience during a protest – which includes nonviolent actions such as blocking traffic, trespassing on private property, or chaining yourself to construction equipment – then your actions might not be protected by the First Amendment. Before joining protests, you should know the potential consequences of your actions. At the same time, you should also be aware of active efforts by the fossil fuel industry and others to impose disproportionately harsh penalties on civil disobedience. Instead of punishing civil disobedience with minor fines and misdemeanor charges, for example, the industry is advocating for civil disobedience to be treated as felonies and domestic terrorism.
3. Have an expert review your writing before publication. Before publishing a report, article, or commentary, we recommend that you ask a First Amendment lawyer to review your writing for potential defamation liability. This is especially important for anything – including social media posts and reposts – that accuses a corporation or individual of wrongdoing. Free speech coalitions such as Protect the Protest can help connect you with experts for pre-publication review, including pro bono support in some cases.
4. Get your nonprofit’s house in order. Some organizations and individuals aligned with the administration have sought to weaponize tax laws, advocating to revoke the 501(c)(3) tax-exempt status of nonprofit organizations whose missions do not align with their own ideological views – including but not limited to environmental organizations. Nonprofit organizations that have 501(c)(3) status should ensure that they fully comply with all IRS regulations and requirements, in particular those described in IRS Form 990. The Nonprofit Quarterly journal, the National Council of Nonprofits, and the Free to Speak Bill of Rights initiative have provided useful resources to help nonprofits understand these risks and review their compliance.
5. Learn about basic cybersecurity. Environmental advocates have also been targeted with hacking operations, such as the infamous #ExxonKnew attack. You, your colleagues, and close partners should agree on protocols for information security – including when to use encrypted apps such as Signal rather than unencrypted email to communicate, and how to store sensitive files safely. Numerous online resources exist that teach the basics of cybersecurity, such as the Activist Checklist, the Electronic Frontier Foundation (EFF)’s Surveillance Self Defense project, and Front Line Defenders’ Security in a Box.
6. Know where to turn if you need legal defense. If you are sued or charged with criminal activity, you will need a lawyer to defend you. If you anticipate that you may be targeted with retaliation for your political views, it may be prudent to decide in advance where to seek legal support, so that you do not have to rush to find a lawyer after the emergency has already started. You should look for lawyers who not only have expertise in First Amendment law, nonprofit law, and criminal defense, but who also understand “movement lawyering” principles – because the strategic decisions you make in your own case could affect broader social justice and environmental movements. Various resources exist to help connect you with lawyers. To name just a few: Democracy Forward (for attacks by the administration), Protect the Protest (for SLAPPs and civil claims), the National Lawyers Guild (for protest-related criminal charges), EFF (for claims related to online activities), and Protect Democracy (for guidance on government and congressional investigations).
7. Collaborate and pool resources. The environmental community – and civil society more broadly – is actively coordinating its response to heightened risks of misuse of the law during the Trump era. While the administration’s efforts have at times created a chilling effect among civil society, they have also catalyzed unprecedented levels of cooperation and networking among diverse nonprofits. These efforts will continue. You should try to participate in information-sharing discussions through the various local, state, and national networks to which you belong. In some cases, it might also make sense to pool resources with others to achieve common goals.
8. Stand with others who are attacked. The goal of these attacks is often to isolate advocates from each other and create a broader chilling effect. Some of these attacks will be successful. Organizations and advocates might be forced to settle cases and sign away their rights even though they did nothing wrong. Some nonprofits might go out of business while others have to merge. Many people have lost and will continue to lose their jobs. This is a time for compassion, support, and solidarity – not just within the environmental movement, but across civil society more broadly.
As we move deeper into this challenging era, we should remember to draw inspiration from other countries. Around the world, authoritarianism and kleptocracy have consumed entire societies, torn apart families, and destroyed economic prosperity. And yet people have continued to speak truth to power in these difficult circumstances – and have found ways to prevail.
