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Yvon Chou颅i颅nard, founder of Patagonia.
(photo: Ben Baker/Redux)
Yvon Chou颅i颅nard, founder of Patagonia.
Yvon Chou颅i颅nard, founder of Patagonia. (photo: Ben Baker/Redux)

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Patagonia’s Big Business of #Resist

The iconic brand has long been the conscience of the outdoor industry, forsaking hefty profits to do the right thing. Now the company is going to war against the Trump administration over protections for public land in a bid to become a serious political player鈥攚hich happens to be very good for sales.

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On February 16 of this year, the outdoor industry transformed. This wasn鈥檛 due to a first ascent, a remarkable new piece of gear, or some surprise merger of iconic companies. Rather, what happened that morning was the most mundane of modern American rituals: a conference call. Around 15 minutes into the conversation, a 52-year-old businesswoman from Staten Island, New York, declared war on the ruling party of the United States of America.

The call included Utah鈥檚 Republican governor, Gary Herbert, the leadership of the Outdoor Industry Association , and top executives from Patagonia, the North Face, and REI. They had convened to discuss the Utah congressional delegation鈥檚 efforts to roll back protections for America鈥檚 federally managed public land鈥斅璼pecifically, 颅President Obama鈥檚 designation of the Bears Ears National Monument, a 1.4-million-acre swath of high desert considered sacred by聽local tribes. For the outdoor industry, attacks on public land constitute a dire threat, since that land provides the 610-million-acre ballpark for gearmakers鈥 $887 billion game. Among the Republican establishment, public land has become a primary target. In the party鈥檚 2016 platform, the GOP demanded the transfer of some federally managed land to the states.

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The stakes for the conference call may have been high, but expectations were not. Salt Lake City had hosted the industry鈥檚 semiannual trade show, Outdoor Retailer, since the mid-1990s, with the event drawing some $45 million to the state each year. That kind of money can buy influence, but within Washington鈥檚 halls of power, the outdoor industry had long been seen as a self-licking ice cream cone: easily pleased with itself and unable to withstand even mild heat.

鈥淭hey don鈥檛 like conflict,鈥 one Capitol Hill insider told me in early February. 鈥淚 don鈥檛 think they have the gumption for the fight.鈥 That harsh assessment was widely shared. In the weeks leading up to the call, Peter Metcalf, the founder of Black Diamond, worked behind the scenes to push the OIA to get聽serious, in the Salt Lake Tribune suggesting that the group pull its show out of Utah 鈥渋n disgust鈥 if the state didn鈥檛 end its 鈥渁ll-out assault 鈥 on America鈥檚 best idea.鈥 But it wasn鈥檛 the first time that Metcalf had proposed secession. 鈥淚 think we get a similar letter from Peter every six months,鈥 Utah鈥檚 lieutenant governor told a public-radio reporter afterward鈥攁 rhetorical pat on the head.聽

Things took a hard turn when Yvon Chou颅i颅nard, the 78-year-old iconoclast and 颅founder of Patagonia, announced that his company would boycott future shows if Utah didn鈥檛 change its stance on Bears Ears. Arc鈥檛eryx and Polartec soon followed. On the call with Governor Herbert, the industry was led by Amy Roberts, the executive director of the OIA, who soon turned the floor over to Patagonia CEO Rose Marcario鈥攖he 颅woman from Staten Island. The industry leaders were demanding that the governor publicly reject his congressional delegation鈥檚 calls to gut the Bears Ears protections, and Marcario calmly explained the seriousness of their conviction. 鈥淛ust on this call right now, the CEOs represent a little more than $5 billion in revenue,鈥 she said, 鈥渁nd it鈥檚 rare we come together galvanized in this way. This is not a political issue or a ploy or anything like that. It鈥檚 a moral issue for us.鈥 Scott Baxter, the president of the North Face, echoed Marcario, as did Jerry Stritzke of REI. After some 40 minutes, Herbert refused to meet the demand. The industry leaders thanked him, signed off, and started looking for a new home for their $45 million prize.聽

Rose Marcario, CEO of Patagonia.
Rose Marcario, CEO of Patagonia. (Spencer Lowell)

鈥淭he whole outdoor industry is just run by a bunch of weenies.聽And they鈥檙e not stepping up,” says Chou颅i颅nard.聽“They just suck the life out of outdoor resources and give nothing away.鈥

The effect was something like a kick from a blinkered horse. Herbert鈥檚 office quickly made statements regarding the 鈥渙ffensive鈥 decision and complaining about the industry鈥檚 鈥済ross ingratitude.鈥 Colorado governor John Hickenlooper amped up his bid to lure the show to his state by professing his support for public land. (His efforts would eventually be successful.) In Montana, senator Jon Tester said that the industry had sent 鈥渁 hell of a message.鈥 New Mexico senator Martin Heinrich called it 鈥渁 juggernaut of economic force.鈥 Neil Kornze, the director of the Bureau of Land Management under President Obama, told me, 鈥淚t was almost like a phoenix rising.鈥澛

The only person, it seemed, who wasn鈥檛 impressed was the man in charge of the company that made it happen. A couple of weeks after the call, I traveled to Patagonia鈥檚 campus in Ventura, California, a collection of stucco buildings that manages to be understated despite the fact that it is taking over one side of town. Chouinard and I met in a conference room adorned with paintings of Yosemite National Park. He did not exude optimism. 鈥淲elllll,鈥 he sighed from his belly before discussing the impending collapse of the American empire, the importance of lentils as a cover crop, his support for California鈥檚 withdrawal from the Union, or 鈥渢hose assholes at Forbes magazine,鈥 who had recently labeled him a billionaire.聽

Billionaire. To Chouinard, that鈥檚 borderline libel. For decades he has professed to loathe growth. Still, the hard fact remains that the 鈥攖he title of Chouinard鈥檚 2012 book鈥攊s on track to be a billion-dollar global enterprise within the next couple of years.

When I asked about the industry鈥檚 newfound clout, he rubbed his head and let out a short, rueful laugh. 鈥淵ou know,鈥 he said, 鈥渋t鈥檚 a real weenie industry. These people are scared of their own shadow. I mean, it鈥檚 really a disappointment.鈥

In short order, he criticized the fishing聽industry, the surfing industry, and REI for failing to give enough money to environmental causes. 鈥淭he whole outdoor industry is just run by a bunch of weenies,鈥 he went on, 鈥淎nd they鈥檙e not stepping up. They just suck the life out of outdoor resources and give nothing away.鈥

He wanted me to know something else. 鈥淭here鈥檚 nobody outside the company that understands what we鈥檙e doing here,鈥 he said. 鈥淭hey just don鈥檛 understand.鈥


Almost anyone who has flipped through one of Patagonia鈥檚 famous catalogs鈥攚hich is to say, everyone in the outdoor industry鈥攈as come across the company鈥檚 mission statement: 鈥淏uild the best product, cause no unnecessary harm, use business to inspire and implement solutions to the environmental crisis.鈥 People close to Patagonia say that this treasured culture hasn鈥檛 changed and that Chouinard talks about the same things in the boardroom today that he did 30 years ago.聽

But a close examination reveals an enormous recent shift, one that could upend the outdoor industry and have a broad-颅reaching impact on American politics and business practices. In his bestselling 2005 book, , Chouinard wrote about maintaining 鈥渁 controlled growth rate of about five percent.鈥 Since 2009, a year after Marcario was hired as CFO, 颅annual growth climbed to 14 percent, according to Fortune. Patagonia says that revenue and profits have quadrupled over the past 颅seven years. In 2016, sales jumped 18 percent,聽according to the company鈥攎ore than three times REI鈥檚 growth rate. The North Face, meanwhile, declined by 2 percent, to $2.3 billion. Patagonia now controls 9 percent of the outdoor industry鈥檚 apparel market, a figure that doesn鈥檛 include the company鈥檚 massive direct-to-颅consumer business. To many competitors, it seems that Chouinard and Marcario have removed the governor that had long restrained the brand鈥檚 revenue engine.聽

To hear Chouinard and Marcario explain it, Patagonia is simply responding to a natural demand for products made by companies with an environmental and social conscience鈥攁 well-known preference among millennial consumers. 鈥淲hat we are doing is stealing other companies鈥 business,鈥 Choui颅nard told me in Ventura. 鈥淭he outdoor聽industry is not in good shape. You do the right thing, it leads to more business. What am I going to do, say no?鈥

That struck me as a typical Chouinard answer鈥攊ncisive, self-effacing, devil-may-care. But Patagonia鈥檚 growth is no coincidence. The brand now encompasses a venture-capital fund that supports green startups, a food label, book and film divisions, and, most visibly, a politically active environmental arm that鈥檚 picking public fights with the Trump administration, starting with Bears Ears. Those battles are fought on principle, but they also 颅directly jolt the bottom line by energizing Patagonia鈥檚 fast-growing customer base. This business model goes far beyond 1% for the Planet, the corporate-颅giving program Chouinard cofounded in 2002, or earning B Corp聽certification for meeting high standards for environmental impact, accountability, and transparency. Patagonia has become something like a for-颅profit development organization, attempting to inject its ethos into more and more aspects of the global economy. Each of its branches helps expand the brand鈥檚 do-gooder image, which in turn聽attracts new consumers, boosts revenue, and allows the company to push its progressive agenda even further.聽

鈥淚n the end,鈥 says Marcario, a no-颅nonsense woman with a quick laugh, 鈥渢he great brands will be the ones that have vision to聽face facts square in the eye and take action鈥攔adical action.鈥澛

When I asked Chouinard what people outside the company don鈥檛 understand about Patagonia, he said, 鈥淗ow serious we are about basically saving the planet.鈥澛

Of course, such grand ambition requires enormous resources. In the global scheme of things, Patagonia touching the hem of $1 billion essentially elevates it from featherweight to lightweight. For the near future, the company cannot compete with the political influence of, say, the oil and gas industry鈥攁 primary opponent in the public-land fight. Continued rapid growth could eventually change that鈥攖he company鈥檚 investment fund, Tin Shed Ventures, has nearly quadrupled in size since 2013, from $20 million to $75 million. For now, though, Patagonia鈥檚 power lies mostly in its ability to revolutionize the outdoor industry鈥攖he nascent phoenix, which, at nearly $1 trillion, has the cash and the customers to influence national policy. But it remains to be seen whether other companies in the industry are committed to sustained political activism and are willing to follow the lead of a man prone to calling them out as weenies.聽

And if Patagonia ends up forging ahead alone, one wonders just how much can be聽expected of a company that gives its employees every other Friday off to surf.


Patagonia's campus has the feel of a food co-op crossed with a 颅liberal-arts col颅lege crossed with a surf shop. Its defin颅ing elements include a next-颅generation gear lab and a day care center. Employees enjoy nothing more than sharing Yvon stories, like the one about him sleeping in the back of an old Honda Element during a recent fishing trip, or the one about him climbing over the fence to the seaside community where he has a home after forgetting the gate code.

But Chouinard no longer does much of the heavy lifting. Marcario came to the company in 2008, following a career in private equity and the tech industry that included a stint as the CFO of Apple offshoot General Magic. After taking a few months to travel around India, she applied to Patagonia with some trepidation, because she had heard 鈥渢hat Yvon hated bankers and finance people.鈥 Over the course of her interviews with him, she questioned Patagonia鈥檚 lack of growth. 鈥淚 remember saying it seemed like the company was super small compared with what it should be,鈥 she says. 鈥淗e said that it was 鈥榗ontrolled growth.鈥 I remember challenging him鈥攕aying, Well, maybe it鈥檚 just that you鈥檙e not fulfilling demand.鈥

Growth has long been a touchy subject at Patagonia. In 1991, with the country in a聽recession, Patagonia鈥檚 sales were well short of expectations and Chouinard laid off 20 percent of his staff. Afterward, he resolved to avoid debt and pursue only natural growth. 鈥淕rowth for growth鈥檚 sake is not a goal,鈥 says former CEO Kris Tompkins, who still sits on Patagonia鈥檚 board. Chouinard and his wife and cofounder, Malinda, Tompkins says, 鈥渨ant a high-quality company based on the criteria they set, and the size it becomes is the size it becomes.鈥

鈥淲hy should we kowtow to聽these聽redneck voters and Republican politicians? The most you can achieve is a compromise, and that never solves a problem.鈥

For decades, Patagonia sought to demonstrate that profitability and environmentalism can go hand in hand鈥攖o show a better way by, for example, encouraging fair-trade practices in foreign factories. The company advised Walmart, helping the retail behemoth clean up its supply chain, and worked with Nike to create the Textile Exchange, a nonprofit that encourages more sustainable practices in the apparel industry. Chouinard now believes that he was mistaken in trying to influence publicly traded companies.聽鈥淚 was pretty naive thinking you could do that,鈥 he told me.聽

Marcario presented an alternative: grow Patagonia into a much bigger brand so that everything it did would have greater impact. She was uniquely qualified to make this聽argument. In her youth, she was an outspoken progressive activist, arrested during protests on issues like LGBT rights, AIDS, and women鈥檚 health. 鈥淪he understands the need for revolution,鈥 Chouinard has said. But she also understands business. Upon taking the CFO job, she streamlined distribution and shipping, installed industry-standard software, and focused on improving e-commerce. 鈥淒oing things that, you know, like, retailers do,鈥 she laughs. During her first year, in 2008, the global economy crashed, but Patagonia鈥攁nd much of the outdoor industry鈥攄idn鈥檛: the company experienced growth in the high single digits. Casey Sheahan, Patagonia鈥檚 CEO at the time, told me that this was due to people 鈥渁ligning themselves tribally鈥 at a time of strife. It was a hint of the opportunity that would come with the rise of Trump.

Sheahan also told me that, at the time he left Patagonia, more than 50 percent of the revenue came from direct-to-颅consumer business via Patagonia鈥檚 stores and e-颅commerce. He suspects that the percentage is bigger today. (The company wouldn鈥檛 confirm or deny this.) Selling directly to a consumer, rather than through a third-party retailer like Backcountry.com or REI, 颅increases both revenue and influence. According to Joe Flannery, a veteran outdoor-industry marketer and senior VP of technical apparel for Newell Brands, which owns Marmot and Coleman, Patagonia鈥檚 direct-to-consumer sales 鈥渞epresents one of the most powerful mechanisms of any brand. When you have that direct interaction, that means the consumer is digesting what you鈥檙e saying.鈥

In 2011, Patagonia ran a full-page ad in The New York Times showing a piece of the company鈥檚 apparel below the headline 鈥淒on鈥檛 Buy This Jacket.鈥 The ad made the case that customers should audit their own consumption, but as The New Yorker 颅noted in a 2016 story, 鈥淭he slogan sounded an 颅awful lot like 鈥楤uy this jacket, not that other one, from the North Face.鈥欌 In 2012, the year before Marcario was appointed CEO, Patagonia had rebooted the , an online tool that allows customers to track goods through its supply chain, adding cotton farms, updating it for mobile, and聽integrating it with its e-commerce site.聽

鈥淭hat was a defining moment,鈥 says Flannery. 鈥淔rom the time they did that, track their market share and you鈥檒l see there are clear winners and losers.鈥 His own employer has taken a cue: in 2016, Marmot paid a fortune for a . This fall the company is beginning an initiative to green its manufacturing practices called TreadLight, which includes a new technology that reduces the use of chemicals and water in the making of rainwear.聽

Members of Patagonia鈥檚 marketing and environmental-activism teams reviewing monuments threatened by the Trump administration.
Members of Patagonia鈥檚 marketing and environmental-activism teams reviewing monuments threatened by the Trump administration. (Spencer Lowell)

In 2012, Chouinard also started , an environmentally conscious food endeavor that sells wild Alaskan pink salmon, organic grains, and beer made with Kernza, a perennial wheatgrass. In 2013, Marcario launched the company鈥檚 venture fund to create companies offering the kinds of things Patagonia both believes in and would like to use, such as water-free textile-颅washing machines and bison raised on family 颅ranches. To manage the fund, she hired Phil Graves away from the financial-consulting giant Deloitte. He is one of a growing cadre of key players who don鈥檛 exactly fit 颅Patagonia鈥檚 classic dirtbag-climber mold. Others include general counsel Hilary Dessouky, formerly of Levi鈥檚, and public relations director Corley Kenna, who previously was a VP of commu颅ni颅cations for Ralph Lauren and deputy聽research director of Hillary Clinton鈥檚 2008 presidential campaign.

The company also used its tax equity to invest more than $60 million in residential rooftop solar projects and poured money into film, producing a full-length documentary called DamNation about the ills of hydropower. It was beautifully shot and unapologetically strident, a common trait in Patagonia鈥檚 expanding media line. (Disclosure: Last year I edited a Patagonia book about bears in Mongolia.) The environmental-activism team now has a staff of 14, up from eight in 2012. During the 2016 presidential election, Patagonia hosted a series of voter-education events linked to environmental issues at its 30 nationwide retail locations. On election day, it closed all its offices and stores. When Trump won, the company opted to give away all its profits on Black Friday to environmental groups. Sales totaled $10 million, and Patagonia attracted 25,000 new customers.聽

鈥淵ou can鈥檛 buy advertising like that,鈥 Chouinard says. He adds, 鈥淚 didn鈥檛 realize how much power we have. And to not use it would be irresponsible.鈥


This is what real corporate power looks like: The Koch brothers鈥 network of nonprofit organizations persuading members of Congress to sign a pledge not to vote for climate-change legislation unless it includes a tax break. Apple forcing utilities to adopt renewable energy when negotiating locations for its sprawling data centers.聽

Patagonia does not have that kind of 颅power. Jigar Shah, a clean-energy entrepreneur and author of , calls Patagonia one of the world鈥檚 five most influential companies when it comes to the environment. Competitors, he said, are 鈥渆mbarrassed鈥 when Patagonia dreams up things like its Black Friday sale. But influence and power are different. When I asked Shah about the possibility of the company driving large-scale global change on its own, he said, 鈥淵ou and I both know they can鈥檛.鈥

In some circles, Patagonia is viewed like $20 hand-roasted coffee at the farmers鈥 market鈥攅xcellent but not easily scaled. A veteran of the solar-funding world noted that while Tin Shed Ventures backs admirable projects, they tend to be small, uncompromising, and 鈥渕ore likely to create good stories than impactful results.鈥 Miriam Horn, an agriculture and fisheries expert at the聽Environmental Defense Fund and the author of , told me: 鈥淚鈥檓 still waiting to be convinced by Patagonia Provisions. They have the right goals, worrying about carbon sequestration and soil, but their approach seems 颅boutiquey.鈥 M. Sanjayan, the CEO of , called Patagonia 鈥渁 pointy stick that you can use in a smart way.鈥 He added, 鈥淲e鈥檙e all happy they鈥檙e around and love wearing their stuff, but the conversation around the table with big players is not with Patagonia.鈥

Marcario and Chouinard say they鈥檙e playing a longer game. At its core, Patagonia has always been a company of invention, and with many issues they appear to be looking toward a far-off, more hopeful future. At times this can make them a lonely voice. In February, Kenna, the public relations聽director, who has good relationships on Capitol Hill, traveled with Lisa Pike Sheehy, Patagonia鈥檚 VP of environmental activism, to Washington for a series of meetings on public land and agriculture. When I was in Ventura, they debriefed聽Marcario inside Patagonia鈥檚 executive office. Marcario wore flip-flops and spoke quickly, tapping her left leg, laughing often, and dropping the occasional f-bomb鈥攍ike when discussing the U.S.鈥檚 鈥渇ucking interests in fossil fuels.鈥澛燚espite Patagonia鈥檚 bullishness about regenerative ag, Pike Sheehy said, the phrase was 鈥渇airly absent鈥 during her Beltway meetings. Kenna had spoken with the chief of staff for Jon Tester, Montana鈥檚 Democratic senator, who is an organic farmer. Even so, Kenna said, 鈥淭his wasn鈥檛 something they were talking about, and here鈥檚 an organic farmer in the Senate!鈥

鈥淚n the end,聽the great brands will be the ones that have vision to聽face facts square in the eye and take action鈥攔adical action,” says Marcario.

The most promising takeaway from the trip was something Pike Sheehy heard Salt Lake City mayor Jackie Biskupski say during a presentation for environmental funders, shortly after the OIA had officially聽announced that it would be pulling Outdoor Retailer out of Utah. The mayor spoke about the growing ability of the outdoor industry to flex its economic muscle鈥攁nd how that鈥檚 going to hurt. Pike Sheehy added, 鈥淚t聽was exciting for me, as someone who鈥檚 been attending these meetings for over 15 years,聽to have the outdoor industry even mentioned as one with power. It was like a quantum leap.鈥

Indeed, the industry鈥檚 hardball strategy with Utah caught the attention of significant forces on the other side of the public-land issue. In March, The Wall Street Journal ran an , titled 鈥淯tah Faces Down the Rock-Climbing聽Industrial Complex鈥濃攁 sign of respect, it seemed. The author, Terry Anderson, of the Montana-based Property and Environment Research Center, which has taken funding from the Charles Koch Foundation, complained about the 鈥渆normous subsidy from the American taxpayer鈥 that outdoor companies receive in the form of federally managed land.聽

Corley Kenna (left) and Lisa Pike Sheehy (right).
Corley Kenna (left) and Lisa Pike Sheehy (right). (Spencer Lowell)

This April, the OIA released a statement claiming that the industry generates $887 billion in annual domestic consumer spending, supporting 7.6 million jobs. Despite those numbers, the OIA has yet to embrace the dirty tools of real political influence. It has just two registered lobbyists, compared with the army working for oil and gas. But according to Sally Jewell, the former interior secretary and CEO of REI from 2005 to 2013, the industry 鈥渃an compete with people.鈥 She means that in a practical way. This spring, Jason Chaffetz, the outgoing Utah congressman, withdrew a bill that would have transferred millions of acres of federal land to the states, after hunting and fishing groups staged rallies opposing the measure.聽

REI, with a membership of 16 million鈥攎ore than three times that of the NRA鈥攊s theoretically capable of exerting enormous pressure on lawmakers. With Bears Ears, it made a strong effort to do just that. During the Interior Department鈥檚 open-comment period on national monuments in the spring, REI sent out mass mailings to its members and produced an advocacy video for YouTube, generating what it says were 20 percent of all comments filed in the first week. Other brands threw their weight behind the cause, with the North Face doing an all-out social-media push to get customers to send their thoughts to the government through the website. Patagonia invested some $1.7 million in a Bears Ears campaign that included newspaper ads, a virtual-reality film, and a banner ad across the top of the New York Times website. It also launched an online platform that allowed聽users to send a comment directly to the Interior Department with a single click, resulting in some 150,000 submissions. Despite all that, interior secretary Ryan Zinke in June issued a report recommending that President Trump shrink the monument.聽

It鈥檚 one thing for outdoor companies to align on protection for public land, but it鈥檚 another entirely for them to put effort into the many issues that Patagonia seeks to champion. As REI CEO Jerry Stritzke put it to me, 鈥淲e stay away from political matters鈥 that aren鈥檛 central to the outdoors. He likes to talk about bipartisanship. So does Scott Baxter of the North Face and Amy Roberts of the OIA. Many brands in the industry serve a diverse constituency, selling products to both crunchy backpackers and swing聽voters. These companies face enormous risks by taking sides. Some of them saw the very public rift with Utah as a mistake. 鈥淭here鈥檚 no lack of companies that are not 颅happy,鈥 said Peter Metcalf, the Black Diamond founder and Chouinard prot茅g茅. Jewell told me that, rather than taking an intransigent stance with Governor Herbert, 鈥淚 would have been inclined to more diplomacy.鈥

Here lies a critical fault line. Patagonia aims to galvanize the industry during a time of crisis, but it insists on an uncompromising path of resistance. It鈥檚 a strategy that makes sense, given that the brand sells all those LIVE SIMPLY hats and T-shirts to a grassroots base that feeds on liberal outrage. Patagonia can gain only by fighting with everything it鈥檚 got. 鈥淲hy should we kowtow to these redneck voters and Republican politicians?鈥 Choui颅nard asked when I met with him in early March. 鈥淭he most you can achieve is a compromise, and that never solves a problem.鈥

This spring, the OIA was exploring plans to launch a nonprofit organization focused on public land and climate. When I asked Marcario if she would join, she responded carefully: 鈥淚鈥檇 like to see what they propose.鈥 In a conversation with Patagonia VP of聽human resources Dean Carter, I wondered how Marcario and Chouinard would do sitting around a table with more politically cautious companies. He envisioned the industry鈥檚 larger players 鈥渨anting to be in a safe space, and Rose and Yvon going the opposite direction鈥斺榮crew safe,鈥 鈥 he said. 鈥淚t would just drive us nuts.鈥


If you want to fight the power on your own, there鈥檚 one proven approach: take the bastards to court. Just hours after Zinke issued his recommendation that President Trump downsize Bears Ears, Patagonia announced plans to sue the administration should it issue any order diminishing the monument鈥檚 protections. In a public conference call alongside Navajo Nation attorney general Ethel Branch and New Mexico senator Tom Udall, Dessouky, Patagonia鈥檚 lead counsel, said, 鈥淲e believe strongly that this is a step we need to take on behalf of聽our customers.鈥澛

The company had spent months planning for legal action and settled on a bold聽approach. It would seek standing to sue on the grounds that, as Dessouky later explained to me, for Patagonia 鈥渇inding environmental solutions through business is as important as selling clothes.鈥 She added: 鈥淲e have聽an obligation as a benefit corporation to have a material effect on the environment.鈥 This is an untested strategy. In many ways, Pata颅gonia would be asking the courts to vali颅date Choui颅nard鈥檚 alternative 颅economic universe, the ambitious model of responsible capitalism that has been his life鈥檚 work.聽

鈥淚f you want to change government, change the corporations, and the government will follow. If you want to change corporations, change the consumers.鈥

Legal experts I spoke to suggested that such a filing could be a long shot. Dan Farber, an expert on legal standing at the University of California at Berkeley, said that he thought the argument regarding the company鈥檚 focus on finding environmental solutions 鈥渟eems problematic, because it鈥檚 not firmly connected to any particular parcel of land or administrative action. If I were in the government, I鈥檇 argue that it鈥檚 like 颅Exxon saying they have standing to challenge anything that lowers the amount of driving people do.鈥 Amanda Leiter, a law professor at American University who has worked in the Department of the Interior, argued that it 鈥渋sn鈥檛 sufficient just to say we鈥檝e spent money advocating one side of the issue.鈥澛

Still, just the threat of the lawsuit fueled speculative news stories. The week Patagonia announced its strategy, the Huffington Post titled 鈥淧atagonia鈥檚 CEO Is Ready to Lead the Corporate Resistance to Donald Trump.鈥 Shortly after, Breitbart News, the conservative site formerly run by White House strategist Stephen K. Bannon, published two attack pieces, one noting that 鈥渆xtreme environmentalism is far from the only liberal activism in which the company has engaged.鈥 No one at Patagonia disputed this statement. Why would they? You can鈥檛 buy advertising like that.聽

The courts probably won鈥檛 end up ruling on Patagonia鈥檚 right to sue, one way or the other. Should Trump issue an order聽to shrink Bears Ears, immediate legal challenges will be filed by native tribes and multiple environmental NGOs. According to Mark Squillace, an expert on natural-颅resources law at the University of Colorado, the courts will likely ask all plaintiffs with similar complaints to combine their briefs鈥攐nly one plaintiff needs to qualify for a suit to go forward.

Patagonia is already financially supporting a coalition of nonprofits preparing to seek an injunction against any order reducing the size of Bears Ears. Joining a multiparty suit that may well drag on for years will demand many more dollars. Marcario is fine with that. 鈥淲e need to win,鈥 she told me sternly. 鈥淚鈥檝e said to the outdoor industry, 鈥榃e have to be as relentless as the NRA.鈥 We cannot give up an inch of protected land on our watch. Not an inch.鈥 She added: 鈥淭his is why our brand exists.鈥


In 1995, Yvon Chouinard wrote an essay outlining his vision for the future, called He shared candid reflections about grappling with whether it would do more good to give the company鈥檚 money away and check out, or to stay in the game to continue forwarding the business model. He settled on the latter. 鈥淚f you want to change government, change the corporations, and the government will follow,鈥 he wrote. 鈥淚f you want to change corporations, change the consumers.鈥

One could argue that Patagonia has already聽done this. Chouinard may think that consulting with Walmart was a waste of time, but the retail giant has remained on a 颅greener path, recently announcing its intent to remove a gigaton of carbon from its supply chain. Talk to anyone in the outdoor industry and they鈥檒l tell you that Patagonia鈥檚 颅efforts overseas have improved labor practices from Sri Lanka to Vietnam. In 2018, during the midterm elections, Patagonia plans to turn its retail stores into get-out-the-vote centers. Meanwhile, everyone from Marmot to Orvis has launched a philanthropic wing.

The question now is what Patagonia could accomplish if it became a Nike-size megabrand. Rather than having an influence on 81 factories worldwide, as it currently does, it could influence practices in thousands of facilities, giving Marcario a seat with heads of state. Patagonia鈥檚 film division would be able to compete with Participant Media, producer of and . Patagonia Provisions could fill the aisles of Whole Foods with enough wild salmon that it has the economic clout to deny new dams or mines in Alaska and British Columbia. 鈥淚f they became gigantic and other businesses that weren鈥檛 as progressive were displaced, that would be a good thing,鈥 say Auden聽Schendler, VP of sustainability for the Aspen Skiing Company and a leader in the outdoor industry鈥檚 efforts to address climate change.聽

That kind of power would create many more scenes like the one I witnessed in May at the company鈥檚 distribution center in Reno, Nevada. Patagonia has a staff of about 500 there and was unveiling a new child care facility. At 9 a.m., Marcario took a tour of the building with senator Catherine Cortez 颅Masto, the Democrat who was 颅elected to fill Harry Reid鈥檚 seat last November. The women walked to an outdoor patio full of聽local-news cameras and Patagoniacs in plaid, then took their places in front of a聽small 颅gazebo adorned with the company logo. Rick Ridgeway, Patagonia鈥檚 VP of Public Engagement, introduced Marcario as the聽鈥渃hief activist officer鈥 and praised her as the person who had 鈥渟caled the business.鈥 He 颅added: 鈥淲e are now a global leader.鈥 Marcario leaned forward slightly, smiled, and blinked, her hands held behind her back. Marcario said, 鈥淲hen CEOs ask, 鈥楬ow can I get more 颅women on my board? How can I get more women in management?鈥 I say, 鈥楽tart a child care center.鈥 鈥

The senator took the mic. She talked about Patagonia serving as an example for business and called the Reno center 鈥渁 jewel.鈥 Then she pivoted, placing a hand on her heart and saying, 鈥淚鈥檓 so glad Patagonia is leading that fight to protect our public lands. Believe me, that fight is just beginning.鈥澛

Meanwhile, back in Ventura, the Pata颅gonia army will surely continue to take breathers from the battlefield. During one of my visits to the campus, I witnessed an adventure race that had employees sprinting through the streets of the city in spandex and tutus. A traveling artist joined in, 颅declaring without irony, 鈥湽怨虾诹 is my medium.鈥 On another night, I had dinner with a group of young staffers at a seafood joint. After a couple of beers, I asked them what they thought of the word 鈥淧atagucci,鈥 the pejorative used to characterize the company鈥檚 prices. A long silence followed. Then a bearded guy who works in marketing said, 鈥淚 take offense to it. That鈥檚 a bit of a bummer. There鈥檚 a reason why Patagonia costs so much.鈥 The term, he said, 鈥渉urts me.鈥 One of the company鈥檚 top designers backed him up: 鈥淔antastic answer. I aggressively agree with that.鈥 Then he added, 鈥淚f we can get people inspired and having new experiences鈥斅榬evolution鈥 might be too strong a word,鈥 he said. 鈥淏ut I don鈥檛 think it is.鈥澛

Then they all started telling Yvon stories: About the time he tied a muffler to a car with a piece of fishing line. About the time he told a staffer to skip a flight because a TSA agent threatened to confiscate a fly box. About the fact that he doesn鈥檛 use computers or cell phones. They were striving, it seemed, to prove Patagonia鈥檚 authenticity by connecting the founder鈥檚 rugged past with the company鈥檚 shiny present and unknown future. It was at once sweet, plaintive, and a little cultish. But still鈥攚ho would you rather buy your jacket from?

Abe Streep () is an 国产吃瓜黑料 contributing editor.