Environmental Group Greenpeace Faces $345 Million Judgment in Pipeline Case

A North Dakota judge has ordered Greenpeace to pay $345 million to Energy Transfer over protests against the Dakota Access Pipeline nearly a decade ago. The environmental organization plans to appeal the ruling, which stems from jury findings that Greenpeace was liable for defamation, conspiracy, and other claims related to the Standing Rock protests.

A North Dakota judge has ordered the environmental organization Greenpeace to pay $345 million to Energy Transfer, the company behind the controversial Dakota Access Pipeline that sparked massive protests years ago.

The massive financial penalty stems from a jury verdict last year that held three Greenpeace organizations responsible for various legal violations, initially awarding Energy Transfer more than $660 million in damages. Judge James Gion reduced that amount by nearly half before announcing the final order on Tuesday.

Both parties are expected to challenge the ruling before North Dakota’s highest court once the judgment becomes official. Energy Transfer, a $64 billion Dallas-based pipeline operator with networks spanning 44 states, has expressed dissatisfaction with the reduced award amount. Meanwhile, Greenpeace USA has reported having nowhere near the financial resources to cover such substantial damages.

“We will be requesting a new trial and, failing that, will appeal the judgment to the Supreme Court of North Dakota, where Greenpeace International and the US Greenpeace entities have solid arguments for the dismissal of all legal claims against us,” stated Kristin Casper, General Counsel for Greenpeace International, on Thursday.

The affected organizations – Netherlands-based Greenpeace International, Greenpeace USA, and their funding branch Greenpeace Fund Inc. – have vowed to continue their environmental protection mission despite the legal setback.

Operating across more than 55 nations worldwide, Greenpeace describes itself as “a global network of independent campaigning organizations that use peaceful protest and creative confrontation to expose global environmental problems and promote solutions that are essential to a green, just, and joyful future.”

The organization traces its roots to 1971, when Canadian environmental activists attempted to halt nuclear weapons testing in Alaska’s Aleutian Islands. Though the Coast Guard stopped their ship before reaching the test site, the mission succeeded when the United States ceased testing on the island. The group’s name originated during a meeting when someone departed making a peace sign while saying “Peace!” prompting Canadian ecologist Bill Darnell to suggest, “Let’s make it a Green Peace.”

Throughout its history, Greenpeace has become known for dramatic protest tactics, including scaling bridges to display banners and confronting whaling vessels on the open ocean. The organization maintains three ships that travel globally to support their environmental campaigns.

Notable past actions include activists climbing a chemical facility’s smokestack in 1981 to protest toxic contamination, taking over a North Sea oil platform in 1995, and displaying a “Resist” banner from a crane near the White House in 2017 following President Donald Trump’s decision to resume Dakota Access construction. More recently, in 2023, they draped then-British Prime Minister Rishi Sunak’s country residence in black material to oppose new oil and gas exploration.

However, it was their involvement in North Dakota protests supporting the Standing Rock Sioux Tribe that led to their current legal predicament.

The multi-billion-dollar Dakota Access Pipeline, which currently transports oil across four Midwest states, faced significant resistance following objections from the tribe. The Standing Rock Sioux, whose reservation sits downstream from where the pipeline crosses the Missouri River, have consistently argued that the project poses risks to their water supply.

The tribal opposition attracted thousands of supporters who established camps in the region for months while attempting to halt construction activities. The sometimes turbulent demonstrations during 2016 and 2017 resulted in hundreds of arrests.

Energy Transfer’s legal representative, Trey Cox, argued that Greenpeace transformed what could have remained a minor, localized dispute into a major controversy to advance their own objectives. He characterized the organization as “master manipulators” and “deceptive to the core,” alleging they funded professional demonstrators, conducted protester training sessions, shared intelligence about pipeline routes, and even provided lockboxes for protesters to chain themselves to construction equipment.

The Greenpeace organizations denied these accusations, stating no evidence supported such claims and asserting they had minimal involvement in the protests. They characterized the legal action as “lawfare” designed to intimidate activists and suppress criticism.

Despite their denials, the jury found Greenpeace USA responsible for all charges, including defamation, conspiracy, trespassing, creating a public nuisance, and tortious interference. The two other Greenpeace entities were held liable for some of the accusations.