A jury in North Dakota on Wednesday ordered Greenpeace to pay over $660 million in damages in a high-profile lawsuit initiated by a U.S. pipeline operator, raising significant concerns about free speech.
This verdict represents a major legal setback for the environmental advocacy group, accused by Energy Transfer (ET) of inciting violence and defamation during the contentious construction of the Dakota Access Pipeline nearly ten years ago.
ET, which refutes claims of attempting to suppress speech, welcomed the ruling. The jury found Greenpeace liable for trespass, nuisance, conspiracy, and deprivation of property access across three of its entities.
“We thank the judge and jury for their extensive dedication to this trial,” the company stated.
“While we are glad that Greenpeace is being held accountable for its actions, this victory truly belongs to the residents of Mandan and North Dakota who endured the daily disruptions and harassment caused by the protesters funded and trained by Greenpeace.”
- Greenpeace Plans to Appeal –
In response, Greenpeace announced its intention to appeal the decision and will continue its environmental initiatives.
“The reality is that you can’t bankrupt a movement,” stated Sushma Raman, Greenpeace USA’s interim executive director, in an interview with AFP.
“This movement thrives worldwide, with individuals advocating for a cleaner, greener planet, a more vibrant and inclusive democracy, and the protection of our oceans, forests, and lands. The supporters behind organizations like Greenpeace are resilient, and our work will persist.”
Greenpeace International is also counter-suing ET in the Netherlands, alleging that the company is utilizing nuisance lawsuits to stifle dissent. A hearing is scheduled for July 2.
The North Dakota case centers around the Dakota Access Pipeline and the large anti-fossil fuel protests led by the Standing Rock Sioux Tribe between 2016 and 2017, which resulted in numerous arrests and injuries and garnered United Nations attention over possible violations of Indigenous sovereignty.
Despite the protests, the pipeline, intended to transport fracked crude oil to refineries and global markets, began operations in 2017.
- ‘Delivering a Message’ –
Energy Transfer has pursued legal action against Greenpeace for several years. Initially, ET sought $300 million in damages via a federal lawsuit, which was dismissed. Subsequently, they altered their approach to the state courts in North Dakota, a state lacking protections against “Strategic Lawsuits Against Public Participation” (SLAPP).
Throughout this lengthy legal battle, ET’s CEO Kelcy Warren, a billionaire and significant donor to former President Donald Trump, was candid about his intentions. He expressed that his “primary objective” in suing Greenpeace was not only seeking financial restitution but also to “send a message.”
Warren even suggested that activists “should be removed from the gene pool.”
The trial began in late February in Mandan, North Dakota, and after more than two days of deliberation, the jury rendered their decision.
- Implications for Free Speech –
Critics have characterized this case as a classic SLAPP lawsuit aimed at silencing dissent and depleting financial resources.
“This type of lawsuit, which can effectively suppress lawful protests and chill free speech, should receive heightened scrutiny under anti-SLAPP legislation,” commented Michael Burger, a lawyer and scholar at Columbia University.
Conversely, Michael Gerrard, an environmental law professor at the same institution, noted that while this verdict may deter protests obstructing fossil fuel projects, it should not affect peaceful, non-disruptive demonstrations and will not halt litigation against such projects.
Greenpeace argues that its involvement in the movement was limited and peaceful, with the leadership primarily resting with Indigenous people. However, during closing arguments, ET’s lead counsel Trey Cox claimed that Greenpeace was “exploiting” the Standing Rock Sioux Tribe to further its anti-fossil fuel agenda, according to the North Dakota Monitor.
