Greenpeace Countersues Energy Transfer Over Dakota Pipeline Lawsuit

Greenpeace International is pursuing legal action against Energy Transfer in the Netherlands, under Dutch law. The environmental organization accuses the American pipeline company of engaging in a prolonged legal fight in North Dakota as a method of intimidation.

Demonstrators gathered in North Dakota in 2016 to protest against the Dakota Access Pipeline. These protests are central to the legal disputes, with Greenpeace’s involvement under scrutiny. Last Wednesday, a Dutch court decided that Greenpeace could advance with its countersuit against Energy Transfer in this jurisdiction.

The lawsuit contends that Energy Transfer, an American company, sought to curtail Greenpeace’s activities through a protracted legal confrontation. Greenpeace International, an Amsterdam-based group, is responding with a suit based on Dutch regulations addressing SLAPP cases—Strategic Lawsuits Against Public Participation. These cases aim to deter activists and media from speaking out, using legal proceedings to suppress dissent. While many U.S. states have similar protections, North Dakota does not.

Greenpeace International, along with two other Greenpeace entities, faced litigation from Energy Transfer in the United States. Initially filed in federal court alleging racketeering, the suit was dismissed. Subsequently, Energy Transfer pursued the matter in North Dakota state court, securing a $345 million verdict after a three-week trial. Greenpeace International was deemed responsible for $64 million of this sum, accused of conspiracy, defamation, and tortious interference, largely for its role in sending a letter to financiers regarding the pipeline project.

The other Greenpeace branches acknowledged their support for peaceful protests, yet faced liability for more direct claims associated with protest actions.