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An environmental advocacy organization, Greenpeace, faces a financial blow after a jury determined it must pay over $660 million in damages due to defamation and other claims raised by Energy Transfer, the company behind the Dakota Access oil pipeline. The verdict, reached on Wednesday, concluded a legal battle linked to protests against the pipeline’s construction in North Dakota.
Energy Transfer, based in Dallas, and its subsidiary Dakota Access accused Greenpeace International, Greenpeace USA, and the Greenpeace Fund Inc. of various allegations, including defamation, trespass, nuisance, and civil conspiracy. The jury found Greenpeace USA liable for all charges, while the other entities were held accountable for some counts, resulting in a diverse allocation of damages among the three groups.
After the decision, Energy Transfer hailed the verdict as a triumph for “Americans who discern the boundary between free speech and unlawful actions.” In contrast, Greenpeace expressed concerns that such a massive financial penalty could jeopardize the organization’s future. Following the announcement, the group’s senior legal adviser insisted that Greenpeace’s mission would continue unabated. “The important takeaway from this ruling is that our work will persist,” Deepa Padmanabha told media representatives outside the courthouse. “We will regroup and decide on our forthcoming steps.”
It was subsequently revealed that Greenpeace intends to appeal the ruling. Kristin Casper, the general counsel for Greenpeace International, affirmed, “The struggle against Big Oil does not conclude here. We believe that both the law and the truth favor our position.” She added that the organization is prepared to face Energy Transfer in a forthcoming court case in Amsterdam regarding an anti-intimidation lawsuit filed last month.
Context of the Allegations Against Greenpeace
The legal issues date back to protests in 2016 and 2017 that aimed to halt the Dakota Access pipeline’s construction, particularly its Missouri River crossing, which is upstream from the Standing Rock Sioux Tribe’s reservation. The tribe has long opposed the pipeline, citing significant risks to its primary water supply.
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Despite a federal court’s rejection of the Standing Rock Sioux Tribe’s attempt to block construction of the pipeline, requests were made by three U.S. government agencies for a “voluntary pause” on work near areas believed to contain sacred artifacts.
The Dakota Access pipeline is a critical infrastructure project, transporting approximately 5% of the nation’s daily oil supply, having commenced oil transport in mid-2017. During the trial, Energy Transfer’s counsel claimed that Greenpeace orchestrated a strategy aimed at obstructing the pipeline’s progress, alleging the organization funded external protesters, provided them with supplies for blockades, and disseminated false information regarding the project.
In defense, lawyers for Greenpeace denied these claims, arguing that there was no substantial evidence to support them. They maintained that Greenpeace personnel had minimal, if any, involvement in the protests and contended that delays in construction were unrelated to the group’s activities.
Breakdown of the Damages
The jury calculated the damages to total nearly $666.9 million, with Greenpeace USA liable for roughly $404 million, while both Greenpeace Fund Inc. and Greenpeace International are responsible for approximately $131 million each. Following the verdict, Energy Transfer stated, “We are pleased that Greenpeace has been held accountable for their misconduct towards us. This ruling is ultimately a victory for the residents of Mandan and all of North Dakota who faced ongoing disruptions and harassment from those protesting, who were financed and trained by Greenpeace.”
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