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energy transfer
The Verdict Against Greenpeace Is an Attack on Us All
It is critical for Greenpeace and its allies to lean into the verdict and issue a call to action to the entire environmental movement and broader civil society organizations.
Mar 26, 2025
The stunning jury verdict in North Dakota of a $667 million judgement against Greenpeace is a direct attack on the climate movement, Indigenous peoples, and the First Amendment. This case is so deeply flawed—at core the trial was about crushing dissent—that I believe there is a good chance it will be reversed on appeal and ultimately backfire against the Energy Transfer pipeline company.
I was part of an independent trial monitoring team of nine attorneys and four prominent human rights advocates that sat through every minute of the three-week trial, held in a nondescript courthouse in rural North Dakota. Energy Transfer sued Greenpeace for alleged damages it claimed derived from the historic Indigenous-led Standing Rock protests in 2016 against the Dakota Access pipeline. Our presence in court was essential given that the company was able to shroud the trial in secrecy. There was no court reporter, and there still is no public transcript or recording of the proceedings.
What we observed was shocking. Greenpeace lost the trial not because it did something wrong, but because it was denied a fair trial.
If the theory of the case stands, pretty much anyone in the United States can face ruin for exercising their constitutional right to speak on an issue of public importance—even adherents of conservative causes.
The legendary human rights attorney Marty Garbus, a member of our team who has practiced law for more than six decades and who represented Nelson Mandela and Vaclav Havel, said it was the most unfair trial he had ever witnessed. This is precisely why many of us on the monitoring team believe there is a good chance Greenpeace will not pay the first dollar of the judgement and might actually recoup significant damages from EnergyTransfer in a separate case in Europe. That case, currently being heard in Dutch courts, would entitle Greenpeace to compensation based on a finding that the North Dakota case is an illegitimate attempt to squelch free speech.
This case against Greenpeace is widely regarded by legal observers and First Amendment scholars as a SLAPP (Strategic Lawsuit Against Public Participation) harassment lawsuit. SLAPPs are designed not to resolve legitimate legal claims but to use courts to intimidate, silence, and even bankrupt an adversary. SLAPP suits by their very nature violate the U.S. Constitution because they trespass on the First Amendment right to speech. Allowing these cases to proceed almost always saddles the target with backbreaking legal expenses that can silence even the most resilient leaders and organizations.
This clearly was Energy Transfer’s plan for Greenpeace, but the case was never just about Greenpeace. It was about using Greenpeace as a proxy to attack the Standing Rock Sioux’s autonomy, leadership, and sovereignty as well as the broader climate justice movement, which is trying mightily to transition our country to a clean energy economy. The protests and the climate movement’s goals are a direct threat to Energy Transfer’s business model.
That might explain why Kelcy Warren, the founder and CEO of Energy Transfer, said the main purpose of the lawsuit against Greenpeace was to “send a message” rather than to collect money. A major Trump supporter and the mastermind of the lawsuit, Warren once gave an interview in which he said activists “should be removed from the gene pool.” After he made a major contribution to Donald Trump’s inaugural committee in 2017, the Trump administration quickly approved a key easement for the North Dakota pipeline that had been denied by former President Barack Obama.
The case against Greenpeace in North Dakota had all the telltale signs of an illegitimate SLAPP—so much so that it was originally thrown out of federal court in 2019. In that case, Energy Transfer openly claimed Greenpeace had engaged in a racketeering conspiracy and “terrorism,” by speaking out against the pipeline and by doing training at the site in nonviolent direct action. The company quickly refiled the case days later in the more friendly confines of state court. Literally every single judge in the judicial district where it was filed recused themselves because of conflicts of interest.
Here are some of the more fundamental problems we observed that clearly violated the fair trial rights of Greenpeace:
- The jury—the most sacred due process protection available to a defendant—was patently biased in favor of the company. Seven of the 11 people seated had ties to the fossil fuel industry. Some had admitted they could not be fair, but the judge seated them anyway. There was no Native American or person of color on the jury even though issues of Indigenous rights were central to the trial.
- Morton County, where the trial was held and where many of the protests took place, voted 75% for Donald Trump in the last election and has extensive ties to the fossil fuel industry. In a pre-trial survey, 97% of residents in the county said they could not be fair to Greenpeace. Yet the judge refused repeated requests by Greenpeace to move the case.
- Energy Transfer ran a major television and online advertising campaign in the county lauding itself in the weeks leading up to the trial. The company also sent a fake newspaper (called the Central North Dakota News) with pro-industry propaganda to households in the county. The court refused to allow Greenpeace to take discovery to determine how this unethical campaign to taint the jury pool happened.
- Adding to the absurdity, Greenpeace was blamed for the entire protest movement even though it played only a minimal role. The protests were led by the Standing Rock Sioux Tribe on whose ancestral land the Dakota Access pipeline was being built. In fact, only 6 of the 100,000 people who came to the protests were from Greenpeace—yet Energy Transfer was able to convince the jury to hold the organization responsible for every dollar of supposed damages that occurred over seven months of protests.
- Secrecy pervaded the proceedings. The court repeatedly refused to open a livestream to the public or to create and release transcripts. A request by media organizations (including The Wall Street Journal and The New York Times) to access the livestream was denied. Thousands of key documents were sealed and thus hidden from public scrutiny.
- The judge, James Gion, made evidentiary decisions that systematically gutted Greenpeace’s ability to mount a defense. For example, a major expert report showed that the pipeline had leaked roughly 1 million gallons of drilling fluids into drinking water sources used by millions of people. Greenpeace lawyers needed the document to debunk the argument that the pipeline was safe, but the judge refused to let them use it.
- The 35-page verdict form was confusing, and the results seemed to prove the jury was in fact confused. It appears the exorbitant damages number was calculated by pulling numbers out of thin air—including millions for public relations expenses, private security costs which were being paid anyway, and refinancing costs due to various banks withdrawing from the project once they learned about the protests. (Lobbying banks is also constitutionally protected advocacy.)
The inability of Judge Gion to manage the case such that Greenpeace’s fair trial rights were respected was evident. It was almost excruciating to watch. It felt more like a choreographed show than an adversarial proceeding. Greenpeace was consistently—and in our opinion, falsely—portrayed by Energy Transfer lawyer Trey Cox as a criminal enterprise that exploited Indigenous peoples for its own gain. He used words like “mafia” and “coded language” to describe the group’s operations. (Cox works for the same law firm Chevron used to orchestrate my 993-day detention after I helped Amazon communities win the $10 billion Ecuador pollution case.)
The verdict represents more than a financial blow against Greenpeace. It has huge and very troubling implications for free speech across the nation. The result threatens the rights of religious groups and political organizations. It implicates the rights of churches and charities. If the theory of the case stands, pretty much anyone in the United States can face ruin for exercising their constitutional right to speak on an issue of public importance—even adherents of conservative causes. It’s really a corporate playbook that started with Chevron’s legal attacks on me and the Amazon communities in 2009, and continues with the assault on Greenpeace. It’s being carried out by the same law firm (Gibson Dunn & Crutcher) that markets the playbook to its corporate clients.
This case also highlights the Trump administration’s broader attack on progressive activism. From proposed legislation that would allow the Treasury Department to unilaterally revoke the nonprofit status of organizations deemed "terrorism-supporting" to the FBI’s reported plans to criminally prosecute climate groups, the goal is clear: suppress dissent. Greenpeace is in the crosshairs because its brand is global and its success in fighting polluters over the last several decades is outstanding.
This is why it is critical for Greenpeace and its allies to lean into the verdict and issue a call to action to the entire environmental movement and broader civil society organizations. Greenpeace is without question the world’s largest environmental activist group with chapters in 25 countries. It gave birth to the non-Indigenous part of the modern environmental movement in the early 1970s and captured the imagination of the world by engaging in spectacular and creative actions to save whales in the North Pacific and to stop nuclear testing. Greenpeace needs to be protected in this critical moment.
There is more than a glimmer of hope. A hearing is scheduled for July in Amsterdam on the Greenpeace lawsuit against Energy Transfer. If Greenpeace prevails on appeal in North Dakota and wins in Europe, it might be Energy Transfer paying substantial sums to Greenpeace rather than the other way around. This judgement is not nearly as dismal as many in the media are making it appear.
There are realistic scenarios where Greenpeace emerges from this experience strongerthan ever. The key is to keep grinding and calling out this abuse loudly and publicly. The world will respond.
This piece was also published on Steven Donziger’s Substack.
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The End of Free Speech?
If the White House can punish anybody who engages in speech it dislikes, nobody will be free to criticize the government—and corporate criminals will be free to run amok.
Mar 22, 2025
Earlier this March, agents from the Department of Homeland Security, or DHS, arrested Mahmoud Khalil at his Columbia University-owned apartment building in New York City. Khalil, a lawful permanent resident of the United States, was then promptly disappeared by federal agents, who refused to tell Khalil’s wife (a U.S. citizen) why he was being detained or where he was being held. He has since been found by his attorneys and partner in a private Louisiana detention facility notorious for abuse. His deportation was successfully, though only temporarily, halted by a federal judge.
An initial hearing in Khalil’s case was subsequently heard—without him present—in New York City. There, the Department of Justice defended the kidnapping, and backed the White House’s claimed rationale: the Trump administration doesn’t approve of Khalil’s speech, and therefore it has the right to forgo due process, revoke his green card without judicial order, and deport him.
Khalil is a prominent pro-Palestinian leader at Columbia University. He was one of students’ lead negotiators during the anti-genocide encampments that formed on its campus in 2024. It is this right to speech, enshrined in the U.S. Constitution, and affirmed over and over and over again, that President Donald Trump and Secretary of State Marco Rubio are endeavoring to unilaterally, and with no constraints, gut.
Trump and his allies seemingly hope to manufacture a future in which any public critic of the administration or its friends can be defined, and prosecuted, as a “terrorist” for whom basic civil liberties can be summarily suspended.
To this end, the federal government has made no case that Khalil has committed a crime. Instead, the Trump administration has continuously boasted that Khalil is being targeted with the full force of the state for engaging in speech it doesn’t like; speech that is unambiguously guaranteed by the First Amendment, and that the White House now seeks to classify as “terrorism.”
Should Trump and Rubio succeed, as The Intercept aptly summarized, it will symbolize the death of free speech for American citizens and green-card holders alike.
Of course, it isn’t just Khalil—though if the government succeeds in his case it will be a chilling bellwether for the state of speech and protest in the Trump years and beyond. Even just in the weeks since kidnapping Khalil, it’s been reported that DHS officers have arrested another student protester at Columbia, stripped a different Columbia student of their visa status, denied a French scientist entry to the United States reportedly because of their expressed political disagreement with the administration, disappeared dozens of New Mexico residents, and more.
Of course, this playbook isn’t new, and Republicans have long sought to gut protected speech, and protected protest in particular. Indeed, dozens of Stop Cop City protesters and organizers are still navigating an abusive investigation and prosecution regime in Georgia that functionally seeks to render public displays of political dissent as violent conspiracy and “domestic terrorism,” including speech activities as mundane as handing out pamphlets.
As baseless and unconstitutional as those prosecutions were and still are, it’s this principle that is being pushed to new and even-more horrifying depths, as Trump and his allies seemingly hope to manufacture a future in which any public critic of the administration or its friends can be defined, and prosecuted, as a “terrorist” for whom basic civil liberties can be summarily suspended.
Indeed, Donald Trump, while turning the White House into a car dealership earlier this month, told reporters that people protesting Elon Musk’s hostile takeover of the U.S. federal government at Tesla storefronts, or protesting “any company,” should be labeled domestic terrorists, and that was something he “will do.”
Should the political persecution of Khalil succeed, it will foster a new era of the militarized American police state that greenlights the arbitrary and capricious abduction of organizers, dissidents, and critics of the Trump administration and the corporations it serves.
It should not need to be said, but to say it anyway: If foundational constitutional rights can be unilaterally suspended by the government, with no trial or even formal documentation of so-called wrongdoing, then those rights do not actually exist for anyone.
Who stands to benefit from such a bleak future? Advocates for authoritarianism for one, and corporations for another.
While the executive branch targets protesters’ rights to speech on White House orders, Trump’s own corporate allies and donors are pursuing adjacent tactics to divest normal people of the right to criticize the corporate hegemons ruining our lives.
Greenpeace, for example, just lost the trial brought against it by Energy Transfer, which seeks to functionally sue the group out of existence in the U.S. for criticizing the Dakota Access Pipeline (DAPL). That notorious project, controlled by Energy Transfer, is well-known for its environmental racism and for deploying extreme force against environmental advocates, Indigenous communities, and others who opposed it.
Greenpeace is set to appeal the verdict, but if Energy Transfer should ultimately succeed, it would not just spell the end of Greenpeace’s U.S. operations, but will also usher in a new era in which corporate money can not just silence, but wholly eradicate, organizations that are critical of corporate polluters, labor abusers, price-gougers, and more. Such a future would place a price tag on First Amendment protections, with only the most well-resourced entities in the country seemingly eligible to enjoy it, and everyone else left vulnerable to their whims and machinations.
The political kidnapping of Mahmoud Khalil is an egregious attempt to undo 233 years of American constitutional law, and—regardless of what Trump or others claim—threatens to end the right to free speech, and democracy, as we know it. Should the political persecution of Khalil succeed, it will foster a new era of the militarized American police state that greenlights the arbitrary and capricious abduction of organizers, dissidents, and critics of the Trump administration and the corporations it serves. That, to be clear, would wholly cement the United States’ descent into full-fledged fascism.
Crucially, though, even if they fail to make Khalil the defining, and chilling, example of a new epoch of American political prisoners, Donald Trump and his allies in and outside of government have made it clear: They want to eliminate the First Amendment, and will do whatever it takes to do so.
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'Travesty of Justice': Jury Finds Greenpeace Must Pay Over $660 Million in Dakota Access Pipeline Case
"We will not be silenced," the green group said in response to the verdict.
Mar 19, 2025
Climate campaigners swiftly sounded the alarm on Wednesday after a North Dakota jury awarded Energy Transfer and its subsidiary more than $660 million in the fossil fuel giant's case targeting Greenpeace for protests against the Dakota Access crude oil pipeline.
While Energy Transfer called the verdict a "win... for the people of Mandan and throughout North Dakota," environmentalist Jon Hinck condemned it as a "travesty of justice."
Hinck and others argue the case against Greenpeace International and two of its entities in the United States is a strategic lawsuit against public participation (SLAPP) intended to intimidate opponents of climate-wrecking fossil fuel projects.
OUTRAGE: A Big Oil-stacked jury just sided with corporate power, slapping Greenpeace with millions in damages for standing with Indigenous water protectors against DAPL. This is a dangerous attack on the right to protest, but the fight is not over. apnews.com/article/gree...
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— Center for Constitutional Rights ( @ccrjustice.org) March 19, 2025 at 6:04 PM
"This case should alarm everyone, no matter their political inclinations," saidSushma Raman, interim executive director of Greenpeace's U.S. entities, in a statement. "It's part of a renewed push by corporations to weaponize our courts to silence dissent. 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. These rights are critical for any work toward ensuring justice—and that's why we will continue fighting back together, in solidarity. While Big Oil bullies can try to stop a single group, they can't stop a movement."
As The New York Timesreported Wednesday:
Greenpeace had maintained that it played only a minor part in demonstrations led by the Standing Rock Sioux Tribe. It had portrayed the lawsuit as an attempt to stifle oil industry critics, but a jury apparently disagreed.
The nine-person jury in the Morton County courthouse in Mandan, North Dakota, about 45 minutes north of where the protests took place, returned the verdict after roughly two days of deliberating.
Addressing the legal loss on social media, Greenpeace International vowed that "we will not be silenced."
🚨BREAKING🚨 The trial verdict is in. A jury in the Morton County courthouse found Greenpeace International and two Greenpeace entities in the United States liable for over US$ 660 million combined in Energy Transfer’s meritless SLAPP lawsuit. #WeWillNotBeSilenced
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— Greenpeace International 🌍 ( @greenpeace.org) March 19, 2025 at 5:39 PM
Greenpeace International executive director Mads Christensen echoed that sentiment and pointed to U.S. President Donald Trump's second term as a danger to people and the planet. As the advocacy leader put it: "We are witnessing a disastrous return to the reckless behavior that fueled the climate crisis, deepened environmental racism, and put fossil fuel profits over public health and a livable planet. The previous Trump administration spent four years dismantling protections for clean air, water, and Indigenous sovereignty, and now along with its allies wants to finish the job by silencing protest."
Asked by The Associated Press if Greenpeace plans to appeal just after the verdict, senior legal adviser Deepa Padmanabha said, "We know that this fight is not over."
While the case has sparked fears that a loss in court could end Greenpeace, Padmanabha told AP that the globally known group's work "is never going stop." The adviser added, "That's the really important message today, and we're just walking out and we're going to get together and figure out what our next steps are."
I hate it here. www.nytimes.com/2025/03/19/c...
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— Dr. Genevieve Guenther (she/they) (@doctorvive.bsky.social) March 19, 2025 at 4:19 PM
An independent trial monitoring committee said in a statement that the verdict "reflects a deeply flawed trial with multiple due process violations that denied Greenpeace the ability to present anything close to a full defense."
Marty Garbus, a longtime First Amendment lawyer who is part of the committee, said: "In my six decades of legal practice, I have never witnessed a trial as unfair as the one against Greenpeace that just ended in the courts of North Dakota. This is one of the most important cases in American history."
"The law that can come down in this case can affect any demonstration, religious or political. It's far bigger than the environmental movement. Yet the court in North Dakota abdicated its sacred duty to conduct a fair and public trial and instead let Energy Transfer run roughshod over the rule of law," he added. "Greenpeace has a very strong case on appeal. I believe there is a good chance it ultimately will win both in court and in the court of public opinion."
Greenpeace International general counsel Kristin Casper later said in a statement that "Energy Transfer hasn't heard the last of us in this fight. We're just getting started with our anti-SLAPP lawsuit against Energy Transfer's attacks on free speech and peaceful protest. We will see Energy Transfer in court this July in the Netherlands."
As the
Times detailed, the global group "this year had countersued Energy Transfer in the Netherlands, invoking a new European Union directive against SLAPP suits as well as Dutch law."
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