Greenpeace vs. Energy Transfer’s SLAPP

Like all SLAPPs, Energy Transfer’s current, meritless US $300 million lawsuit against Greenpeace is an attack on two key elements of public advocacy: free speech and peaceful protest.

Protest at Standing Rock Dakota Access Pipeline in the US, 2016. © Richard Bluecloud Castaneda / Greenpeace

The backstory of Energy Transfer’s abusive legal tactics

In the years since the world was riveted by the 2016 Indigenous-led protest against the Dakota Access Pipeline at Standing Rock, US-based fossil fuel company Energy Transfer (ET) has waged one of the most egregious SLAPP lawsuits worldwide against Greenpeace International (GPI) and Greenpeace entities in the US. 

In August 2017, Energy Transfer filed a 187-page complaint in the North Dakota federal court against GPI and the Greenpeace entities in the United States, among others. The federal court saw through the creative writing in the complaint and instructed Energy Transfer to file a clearer complaint. In February 2019, Energy Transfer’s amended complaint in the federal lawsuit was then dismissed, with the court finding Energy Transfer’s evidence fell “far short of what is needed” to prove the supposed criminal enterprise. A week later, Energy Transfer filed a new case in a North Dakota State court against three Greenpeace entities, including Greenpeace International, making similar allegations, based on state law. It is demanding almost US $300m plus punitive damages and costs, meaning the claim could rise to nearly US$ 1 billion. The trial is scheduled to open in February 2025.

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COP21: Climate March in Oslo. © Monica Løvdahl / Greenpeace

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