//Greenpeace Faces High-Stakes Trial in $300 Million Lawsuit Over Dakota Access Pipeline Protests//
Greenpeace is set to go to trial in North Dakota this week in a landmark case that could potentially bankrupt the globally recognized environmental group. The lawsuit, filed by Energy Transfer, the Dallas-based owner of the Dakota Access Pipeline, accuses Greenpeace of orchestrating large-scale protests against the pipeline’s construction, which the company claims harmed its business.
The trial, which begins Monday, is expected to last five weeks and will be closely watched as a significant test of First Amendment rights, particularly regarding freedom of speech and protest. Greenpeace argues that the lawsuit is a baseless attempt to silence activism and set a dangerous precedent for protest groups worldwide.
The Lawsuit and Its Implications..................................................
Energy Transfer first filed the lawsuit in 2017, seeking $300 million in damages—an amount that dwarfs Greenpeace’s annual budget. The company alleges that Greenpeace played a central role in leading and inciting protests against the Dakota Access Pipeline, leading to vandalism, delays, and financial losses. The lawsuit names two associated Greenpeace entities as defendants: the Greenpeace Fund, based in Washington, D.C., and Greenpeace International, headquartered in the Netherlands.
Greenpeace, however, maintains that its role was limited to supporting indigenous-led resistance and training demonstrators in nonviolent protest tactics. Greenpeace interim director Sushma Raman described the case as “a critical test of the future of the First Amendment, both freedom of speech and peaceful protest under the Trump administration and beyond.”
Energy Transfer, in a statement released last year, countered by asserting that the case is “not about free speech as they are trying to claim. It is about them not following the law.”
Background: The Dakota Access Pipeline Protests.......................
The Dakota Access Pipeline, a 1,170-mile project transporting crude oil from North Dakota to Illinois, was met with fierce opposition when approved in 2016. Native American tribes, particularly the Standing Rock Sioux, protested the pipeline’s route, arguing that it would desecrate sacred lands and threaten their water supply. The protests, which adopted the slogan “Water Is Life,” gained widespread attention, drawing thousands of activists and environmentalists from across the country to join encampments near the Standing Rock Sioux Reservation.
During the months-long demonstrations, protesters clashed with police and private security forces, with reports of water cannons, rubber bullets, and mass arrests. Energy Transfer claims that the protests resulted in significant damage to construction equipment and disrupted its business operations. The company also alleges that Greenpeace spread misinformation that fueled the protests and harmed its financial standing.
The encampment was eventually dismantled, and the pipeline began operations, though final regulatory approvals remain pending.
Legal Challenges and Strategic Lawsuits Against Public Participation (SLAPP)........................................................
Initially, Energy Transfer attempted to sue Greenpeace and other groups in federal court under the Racketeer Influenced and Corrupt Organizations (RICO) Act, which is typically used to target organized crime. However, the case was dismissed by U.S. District Judge Billy Roy Wilson, who ruled that the allegations did not meet the standard required for a RICO claim.
Undeterred, Energy Transfer refiled a similar lawsuit in North Dakota state court, shifting its claims to defamation, trespassing, conspiracy, and tortious interference with business operations. Greenpeace’s legal team argues that the suit is a classic example of a Strategic Lawsuit Against Public Participation (SLAPP)—a legal tactic used to intimidate and financially drain advocacy groups by forcing them into lengthy court battles.
Deepa Padmanabha, an attorney for Greenpeace, emphasized the potential chilling effect of a ruling against the organization. “This case could establish a precedent where any group supporting a protest movement could be held liable for the actions of individuals, even if those actions were outside the organization’s control,” she said.
She pointed to scenarios where peaceful activists could be blamed for isolated acts of vandalism committed by unknown individuals. “If successful, this case could discourage anyone from participating in or supporting public demonstrations,” Padmanabha warned.
International Implications and Countersuit...................................
Recognizing the broader ramifications of the lawsuit, Greenpeace International recently filed a countersuit against Energy Transfer in Amsterdam. Citing European Union directives that protect organizations from SLAPP suits, Greenpeace seeks to recover legal costs incurred during years of litigation. The first hearing in the Dutch case is scheduled for July.
Kristin Casper, general counsel for Greenpeace International, said that the case represents a significant legal battle over the right to protest. “If Energy Transfer wins, it will embolden corporations to use the legal system to silence dissent and environmental advocacy,” she said.
Political Context and Jury Challenges.............................................
The trial will take place in Mandan, North Dakota—a conservative-leaning state where the oil industry plays a dominant role. Legal experts suggest that convincing a jury sympathetic to the energy sector may be one of Greenpeace’s toughest challenges.
Adding to Greenpeace’s uphill battle is the political landscape. North Dakota’s former governor, Doug Burgum, was a staunch supporter of the pipeline and later served as President Trump’s interior secretary. Energy Transfer’s executive chairman, Kelcy Warren, is a known Trump ally and major donor.
If Greenpeace loses the case, it could face devastating financial consequences, possibly forcing it into bankruptcy. Beyond the financial burden, the case could have a lasting impact on environmental activism and protest movements, setting a legal precedent that makes it easier for corporations to sue advocacy groups into silence.
Observers, including civil rights and environmental organizations, are closely monitoring the trial’s outcome. A ruling in favor of Energy Transfer could embolden corporations to use similar lawsuits against other protest movements, including climate activists and indigenous land defenders.
As the trial unfolds, Greenpeace remains firm in its stance. “This is not just about Greenpeace,” said Raman. “This is about the right to protest, the right to speak out, and the future of activism in America and beyond.”
.jpg)
0 Comments