Court slaps Greenpeace with $660m in damages for Dakota Access Pipeline protests

A jury in North Dakota has found Greenpeace liable for defamation, ordering the environmental group to pay more than $660m (£507m) in damages to Energy Transfer, a Texas-based oil company, over its role in one of the largest anti-fossil fuel protests in US history.

The lawsuit, filed in a state court, accused Greenpeace of trespass, nuisance, and civil conspiracy in connection with the demonstrations against the Dakota Access Pipeline nearly a decade ago.

The nine-person jury reached its verdict on Wednesday (March 19) following two days of deliberation. The trial took place in Mandan, around 100 miles (160km) north of where the protests unfolded near the Standing Rock Sioux Reservation.

Energy Transfer argued that the group had orchestrated an “unlawful and violent scheme” to cause financial harm to the company.

During closing arguments, Energy Transfer’s lawyer, Trey Cox, claimed that Greenpeace’s actions had inflicted financial damage of between $265m and $340m. He urged the jury to award that amount in damages, plus additional penalties.

Greenpeace, which has vowed to appeal, warned last month that the case could push it into bankruptcy, potentially ending more than 50 years of activism. The organisation rejected the allegations, insisting that it did not lead the protests and that the lawsuit represented a serious threat to free speech. Instead, it said that the demonstrations were spearheaded by Indigenous leaders opposed to the pipeline’s construction.

Dakota Access Pipeline

The Dakota Access Pipeline became a flashpoint for global environmental and Indigenous rights activism during Donald Trump’s first term as president. Protesters set up a large encampment to block its construction, arguing that the pipeline would endanger water supplies and sacred tribal lands.

At its peak, the movement attracted more than 10,000 demonstrators, including members of over 200 Native American tribes, US military veterans, actors, and political leaders– among them Robert F Kennedy Jr, now the US health secretary. The protests, which began in April 2016, ended in February 2017 when law enforcement and the National Guard forcibly cleared the encampments.

Despite continued legal and environmental challenges, the 1,172-mile pipeline has been operational since 2017. However, it still lacks a key permit to operate beneath Lake Oahe in South Dakota, and local tribes continue to push for an extensive environmental review.

Greenpeace launches lawsuit

Energy Transfer’s lawsuit targeted Greenpeace USA, its Washington DC-based funding arm Greenpeace Fund Inc, and its parent organisation, Greenpeace International, which is headquartered in Amsterdam.

In response, Greenpeace has launched its own legal action against Energy Transfer in the Netherlands, accusing the company of abusing the legal system to suppress its critics. The countersuit, filed earlier this month, seeks to recover all damages and legal costs.

With inputs from agencies