Bismarck, North Dakota— The Indigenous Environmental Network (IEN) expresses profound concern over the recent jury verdict in Morton County, North Dakota, which found Greenpeace liable for over $660 million in damages to Energy Transfer (ET), the corporation behind the Dakota Access Pipeline (DAPL). This decision stems from Greenpeace’s alleged involvement in the 2016-2017 protests against DAPL, where ET accused the organization of defamation, trespassing, nuisance, and civil conspiracy.

Background on the Parties Involved:

• Energy Transfer (ET): A major fossil fuel company responsible for the construction and operation of DAPL, a pipeline that has faced significant opposition due to environmental concerns issues of and Indigenous rights violations.
• Greenpeace: An international and U.S.-based environmental organization known for its advocacy against environmental degradation and its support for Indigenous and frontline communities resisting harmful, extractive projects.

Verdict Details:

The nine-person jury delivered a verdict in favor of Energy Transfer on most counts, awarding more than $660 million in damages to ET and Dakota Access LLC. Greenpeace has announced its intention to appeal the verdict, labeling the lawsuit as a strategic attempt to suppress free speech and peaceful protest.

Energy Transfer’s Larger Agenda:

This lawsuit is part of a broader pattern by ET and similar Big Oil corporations to intimidate and silence environmental and Indigenous activists. By targeting organizations like Greenpeace, ET aims to deter resistance to future projects and pipelines like DAPL, undermining efforts to protect the environment and respect Indigenous sovereignty.

Concerns Moving Forward:

The verdict sets a troubling precedent for grassroots and Indigenous resistance movements. It exemplifies the increasing use of legal systems to criminalize and stifle opposition, particularly targeting Indigenous leadership. Such actions threaten the fundamental rights to free speech and peaceful assembly, essential components of a democratic society.

Responses from Indigenous Leaders at the Indigenous Environmental Network:

IEN’s Program Director, Kandi White attended the trial in person and shared their reflections, “This trial was nothing short of a farce—an unfair process with a biased jury and a judge who was out of his league, the 14th one assigned after the rest had to recuse themselves. Almost every time Greenpeace raised an objection, it was overruled, while Energy Transfer’s witnesses were allowed to ramble far beyond the scope of the case. It was clear from the start that this courtroom was not a place for truth. The truth is that Indigenous Peoples organized a movement that sparked nations to rise up and defend Mother Earth. And because ET couldn’t defeat us, they went after Greenpeace instead—an organization that proved in court that their involvement had nothing to do with the power of that movement.”

White emphasizes, “But let’s be clear: Energy Transfer is the real criminal here. They intentionally desecrated sacred sites. Their pipeline has already leaked at least five times. Their environmental record is so disastrous that they’ve made themselves permanent criminals. This lawsuit was nothing but an attempt to rewrite and whitewash history, but no verdict will change the fact that Indigenous Peoples stood up, fought back, and will continue to do so.”

Moreover, IEN’s Executive Director, Tom BK Goldtooth reflects on the impacts this verdict will have on our communities, “The verdict against Greenpeace unfortunately was expected with an impartial jury selected from North Dakota with strong ties to and support of the fossil fuel industry. It is within a region of conservatism, racism, and anti-Indian Treaty rights.” He continues “SLAPP civil lawsuits such as this Energy Transfer case against Greenpeace filed in rural conservative states that do not have anti-SLAPP laws and where extractive industrial development is taking place, will lead the way to dirty energy and powerful corporations manipulating basic legal rights protected under the First Amendment.”

Goldtooth asks, “Who is next under these SLAPP suits? Verdicts such as this one could set into place powerful fossil fuel corporations to affect any future right to protest, gather, and speak out against developments that violate the sacredness of Mother Earth. In the future, will SLAPP cases be filed against our water and earth defenders, against our Indigenous organizations and Indigenous nations? Indigenous nations are distinct political entities whose inherent sovereignty predates the U.S. colonial government.“

IEN Board President, Faith Gemmill also expresses their concern about the outcome of this trial, “This colonialist SLAPP lawsuit and decision has such profound implications for Indigenous Peoples, and all U.S. citizens since it strikes at the fundamental first amendment rights to peaceful assembly, freedom of expression, and redress of grievances. Indigenous Peoples have fought for our sovereignty, treaty rights, land, water, air, health, culture, spirituality, and humanity and are protected under our constitutional rights- which are now under threat more than ever. We cannot allow our voices, hearts, and spirit to defend what we love and hold sacred, to be denied. We the people, all of us, must stand up to this and defend life and push back on the assaults on Mother Earth and all life. This is a blatant attack on the Indigenous movement, our self-determination, and our rights, all of which we hold sacred for future generations… it’s time we collectively rise and defend our Mother Earth.”