Greenpeace International and Greenpeace organisations in the US announce they will seek a new trial and, if necessary, appeal the decision with the North Dakota Supreme Court following a North Dakota District Court judgment today awarding Energy Transfer (ET) $US 345 million. ET's SLAPP suit remains a blatant attempt to silence free speech, erase Indigenous leadership of the Standing Rock movement, and punish solidarity with peaceful resistance to the Dakota Access Pipeline. Greenpeace International will also continue to seek damages for ET's bullying lawsuits under EU anti-SLAPP legislation in the Netherlands.
Mads Christensen, Greenpeace International Executive Director said: "Energy Transfer's attempts to silence us are failing. Greenpeace International will continue to resist intimidation tactics. We will not be silenced. We will only get louder, joining our voices to those of our allies all around the world against the corporate polluters and billionaire oligarchs who prioritise profits over people and the planet.
"With hard-won freedoms under threat and the climate crisis accelerating, the stakes of this legal fight couldn't be higher. Through appeals in the US and Greenpeace International's groundbreaking anti-SLAPP case in the Netherlands, we are exploring every option to hold Energy Transfer accountable for multiple abusive lawsuits and show all power-hungry bullies that their attacks will only result in a stronger people-powered movement."
The Court's final judgment today rejects some of the jury verdict delivered in March 2025, but still awards hundreds of millions of dollars to ET without a sound basis in law. The Greenpeace defendants will continue to press their arguments that the US Constitution does not allow liability here, that ET did not present evidence to support its claims, that the Court admitted inflammatory and irrelevant evidence at trial and excluded other evidence supporting the defense, and that the jury pool in Mandan could not be impartial.[1][2]
ET's back-to-back lawsuits against Greenpeace International and the US organisations Greenpeace USA (Greenpeace Inc.) and Greenpeace Fund are clear-cut examples of SLAPPs - lawsuits attempting to bury nonprofits and activists in legal fees, push them towards bankruptcy and ultimately silence dissent.[3] Greenpeace International, which is based in the Netherlands, is pursuing justice in Europe, with a suit against ET under Dutch law and the European Union's new anti-SLAPP directive, a landmark test of the new legislation which could help set a powerful precedent against corporate bullying.[4]
Marco Simons, Interim General Counsel at Greenpeace USA and Greenpeace Fund said: "Speaking out against corporations that cause environmental harm should never be deemed unlawful. It is guaranteed by the US Constitution, and is essential to the protection of communities and the health of democracy. This is a setback, but the movement to defend people and the planet has always faced setbacks and resistance, and Energy Transfer will fail in its goal of silencing its critics.
"The absurdity of this judgment can easily be illustrated. These Greenpeace organisations have been held responsible for supposedly delaying a pipeline that to this day does not have legal authority to operate, and which was actually delayed by the decisions of the US Army Corps of Engineers. The judgment includes tens of millions of dollars for signing a letter also signed by 500 other organisations, which echoed statements made in United Nations reports. If the courts still believe in justice, this result will not stand."
Energy Transfer's SLAPPs are part of a wave of abusive lawsuits filed by Big Oil companies like Shell, Total, and ENI against Greenpeace entities in recent years.[3] A couple of these cases have been successfully stopped in their tracks. This includes Greenpeace France successfully defeating TotalEnergies' SLAPP on 28 March 2024, and Greenpeace UK and Greenpeace International forcing Shell to back down from its SLAPP on 10 December 2024.
