Jury finds Greenpeace must pay hundreds of millions in case over Dakota Access protest activities

MANDAN, N.D. (KVRR/AP) — A North Dakota jury on Wednesday found Greenpeace liable for defamation and other claims brought by a pipeline company in connection with protests against the Dakota Access oil pipeline.

The nine-person jury awarded Dallas-based Energy Transfer and its subsidiary Dakota Access $660 million in damages.

The lawsuit had accused Netherlands-based Greenpeace International, Greenpeace USA and funding arm Greenpeace Fund Inc. of defamation, trespass, nuisance, civil conspiracy and other acts.

When asked if Greenpeace plans to appeal, Senior Legal Adviser Deepa Padmanabha said, “We know that this fight is not over.”

Padmanabha added that the organization’s work “is never going stop,” responding to questions about whether the damages amount would end Greenpeace in the United States.

“That’s the really important message today, and we’re just walking out and we’re going to get together and figure out what our next steps are,” Padmanabha said.

The case reaches back to protests in 2016 and 2017 against the Dakota Access oil pipeline and its Missouri River crossing upstream of the Standing Rock Sioux Tribe’s reservation. For years the tribe has opposed the line as a risk to its water supply. The multistate pipeline has been transporting oil since mid-2017.

Plaintiffs’ attorney Trey Cox has said Greenpeace carried out a scheme to stop the pipeline’s construction. During opening statements, he alleged Greenpeace paid outsiders to come into the area and protest, sent blockade supplies, organized or led protester trainings, and made untrue statements about the project to stop it.

Attorneys for the Greenpeace entities said there is no evidence to the claims, that Greenpeace employees had little or no involvement in the protests and the organizations had nothing to do with Energy Transfer’s delays in construction or refinancing.

Greenpeace representatives have said the lawsuit is a critical test of First Amendment free speech and protest rights and could threaten the organization’s future. A spokesperson for Energy Transfer previously said the lawsuit is about Greenpeace not following the law, not free speech.

Statement by Gibson Dunn Partner Trey Cox, Counsel to Energy Transfer

“Today, the jury delivered a resounding verdict, declaring Greenpeace’s actions wrong, unlawful, and unacceptable by societal standards. It is a day of reckoning and accountability for Greenpeace.  It is also a day of celebration for the Constitution, the state of North Dakota and Energy Transfer.

Greenpeace paid protestors and trained individuals to unlawfully disrupt the construction of DAPL.  Greenpeace maliciously misrepresented events within this community in an unrelenting attempt to stop by any means the construction of a pipeline that had already obtained all the necessary legal approvals.  These are the facts, not the fake news of the Greenpeace propaganda machine.

We thank the judge and the jury for their thoughtful and careful deliberation throughout this trial.

This victory is a triumph for many.  We hope this condemnation of Greenpeace will bring some measure of healing and closure to the Morton County community and the entire state of North Dakota. While Energy Transfer and DAPL were victorious in the courtroom, this is a resounding win for the people of Bismarck, Mandan, and Morton County, as well as the law enforcement officers across this state who diligently worked and risked their lives to maintain order.

This verdict serves as a powerful affirmation of the First Amendment. Peaceful protest is an inherent American right; however, violent and destructive protest is unlawful and unacceptable. This verdict clearly conveys that when this right to peacefully protest is abused in a lawless and exploitative manner, such actions will be held accountable. We must remain vigilant in safeguarding our freedoms and ensuring that they are exercised responsibly.

I want to recognize the remarkable efforts of the employees from Energy Transfer and my legal team at Gibson Dunn. Their tireless work and unwavering dedication made this victory a reality and ensured that justice was served.

Thank you all for your unwavering support throughout this journey. Together, we have demonstrated the significance of standing up for truth, justice, and the American way.”