The lawsuit follows accusations of AGL “greenwashing” its image and analysis by Greenpeace named the company as Australia’s largest greenhouse emitter. The report also pointed out that despite pledging to be carbon-neutral by 2050, AGL has not taken any meaningful steps towards climate change.

“AGL wants to use their logo in ads greenwashing their business, but they’re suing a charity for using it in a parody ad that is simply stating the facts. AGL needs to stop attacking critics and start getting serious about climate change,” Environment Victoria chief executive Jono La Nauze said of the upcoming hearing.

The letter, addressed to AGL CEO Graeme Hunt, board director Peter Botten, and the AGL board of directors, describes AGL’s actions as an attack on civil society and a direct affront to free speech. It states that rather than bringing a lawsuit against an environmental advocacy organisation, AGL should focus on retiring its coal fleet and switching to 100 per cent renewable energy. Currently, renewable sources of energy only make up 10 per cent of AGL’s output.

“We firmly believe that it is critical that charities, not for profits, comedians and members of the community retain the right to criticise, parody and satirise corporations using their logo without the threat of litigation,” the letter stated.

“AGL also has a responsibility to its workers and their communities to ensure a fair and just transition to renewable energy and needs to begin making plans now for the phase out of coal power. This is the only feasible option that will ensure the future prosperity of AGL, its workers, communities and our environment.”

AGL owns three coal plants: Loy Yang A (Victoria), Liddell and Bayswater (NSW) that will be operated until their technical end. Liddell is set to close in 2022 but Bayswater is due to run until 2035 and Loy Yang A until 2048.

The letter urged AGL to consider closing all three plants by 2030 to “avoid catastrophic climate change and its impacts.”

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Australian Conservation Foundation CEO Kelly O'Shanassy said that Greenpeace was only broadcasting the truth in its campaign.  

“Community campaigning to draw attention to companies that are making global warming worse is a legitimate response to the climate crisis that should not be stamped on. AGL is a big climate polluter. Fact,” she said.

350.org Australia CEO Lucy Manne added that: “Big polluters like AGL have a history of intimidation and scare tactics to stop activists from holding them accountable for their destruction.

“Everyday people are fighting back against these giants whose days are coming to end.”

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