Greenpeace Hit With $667 Million Verdict Over Pipeline Protests

Greenpeace was hit Wednesday with a nearly $667 million verdict by a North Dakota jury tied to an energy company lawsuit over Dakota Access Pipeline protests.

The Morton County jury’s ruling is a loss for three Greenpeace groups named in a suit brought by Texas-based Energy Transfer LP in the wake of the 2016 protests. Greenpeace has said the suit could push it toward bankruptcy.

The jury delivered the ruling, which includes punitive and compensatory damages, on claims of nuisance, trespass, conspiracy, aiding and abetting, defamation, and tortious interference, according to Energy Transfer counsel Trey Cox, a Gibson Dunn partner. The verdict came after about 12 days of trial and 12 hours of deliberation, he said.

“It’s a pretty absolutely clear and definitive statement that the actions of Greenpeace are unlawful and unacceptable in our society,” Cox said. “And I actually think it’s a huge victory for the Constitution and the First Amendment, because peaceful protest is always acceptable and is the American way, but violent, destructive, disruptive protest is never acceptable.”

Deepa Padmanabha, senior legal adviser for Greenpeace USA, in a statement called the trial part of Energy Transfer’s “blatant disregard for the voices of the Standing Rock Sioux Tribe.”

“We should all be concerned about the future of the First Amendment, and lawsuits like this aimed at destroying our rights to peaceful protest and free speech,” Padmanabha said. “Greenpeace will continue to do its part to fight for the protection of these fundamental rights for everyone.”

Netherlands-based Greenpeace International, also a defendant, called the case a “SLAPP suit” meant to silence dissent and push entities like itself towards bankruptcy, according to a release Wednesday.

Energy Transfer will now move to enter the judgment. Cox said he anticipates appeals after that. The bond amount needed in North Dakota to secure the right to appeal is $25 million per party, making Greenpeace’s potential bond cost $75 million, he said.

Energy Transfer accused Greenpeace of paying protesters and training people to disrupt the construction of Dakota Access Pipeline. The energy company also said Greenpeace misrepresented events within the North Dakota community to try to stop the construction of the pipeline after it obtained legal approvals.

Dakota Access LLC owns and operates the pipeline, which was planned and built by Energy Transfer.

Greenpeace International has sued Energy Transfer in Amsterdam using an anti-SLAPP suit, according to a statement by the group’s general counsel, Kristin Casper. “Anti-SLAPP” actions are suits to try to stop the attempt to quell speech.

“We will see Energy Transfer in court this July in Amsterdam,” Casper said. “We will not back down, we will not be silenced.”

Energy Transfer, in its own statement, said it was “pleased that Greenpeace has been held accountable for their actions against us.”

“It is also a win for all law-abiding Americans who understand the difference between the right to free speech and breaking the law,” the company said. “That the disrupters have been held responsible is a win for all of us.”