No Verdict Yet in Energy Transfer Lawsuit

Greenpeace

Greenpeace defendants met Energy Transfer plaintiffs in a post-trial hearing in North Dakota state court, where a jury in March found Greenpeace International and Greenpeace in the US liable for a perverse amount of damages, more than US$660 million. The hearing addressed a request by Greenpeace defendants for the Court to rule in their favor on all claims - despite the jury reaching a different conclusion - because the evidence presented at trial was legally insufficient to rule in Energy Transfer's favor. The court has not yet made a ruling.

Kristin Casper, General Counsel, Greenpeace International said:

"We presented clear arguments for the dismissal of all legal claims against Greenpeace International, which the North Dakota Court has no jurisdiction over to begin with. The only piece of evidence of the actions of Greenpeace International that Energy Transfer has complained about is a single letter of solidarity that Greenpeace International signed on to, along with 500 other organisations, directed at banks outside of North Dakota, and that we argue was clearly protected free speech. The District Court has a duty to step in and correct errors, and now is the time for the Court to enter a judgment in favor of Greenpeace International."

Deepa Padmanabha, Senior Legal Advisor, Greenpeace USA said:

"Today's hearing exemplifies Energy Transfer's weaponisation of what solidarity means. Their inflammatory rhetoric and efforts to mischaracterise constitutionally protected conduct do not change the fact that, almost eight years later, there is still no evidence to support the claims in this case. As we enter this next chapter in our legal saga, we will continue to expose their blatant attempts to rewrite the history of the Indigenous-led resistance at Standing Rock and Greenpeace's role."

Following decisions on post-trial motions, the entering of a final judgment by District Court Judge Gion is the next step in proceedings in Mandan. This will start the clock for the appeal process to the North Dakota Supreme Court. A first administrative hearing in Greenpeace International's counter-suit against Energy Transfer will take place on 2 July 2025 - in the first-ever use of European Union's new anti-SLAPP law.[1]

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