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| Standing Rock 2016 Photo by Rob Wilson Photography |
By Brenda Norrell, Censored News, Updated August 2, 2024
STANDING ROCK, North Dakota -- A new development has delayed the trial in the lawsuit filed by Energy Transfer against Greenpeace and Standing Rock water protectors. A "massive document dump" by Energy Transfer resulted in the delay, after the owner of Dakota Access Pipeline began issuing third party subpoenas to water protectors and the media, Greenpeace told Censored News.
"Originally, our trial was set for July 29th, 2024 – but due to a massive document dump by Energy Transfer in June, Greenpeace filed a request to have the trial date pushed back. The judge agreed, and moved our trial to February 24, 2025 through March 28, 2025," Lindsay Bigda, communication director, Democracy Resilience Program at Greenpeace USA told Censored News today.
The lawsuit is known as a SLAPP lawsuit, a Strategic Lawsuit Against Public Participation intended to silence or punish someone for speaking out on a matter of public interest.
Pipeline company still targeting Red Warrior Society
Responding to questions, Greenpeace said Red Warrior Society and other water protectors are named in the lawsuit.
"Red Warrior Society is still named in the lawsuit and last week our lawyers presented arguments for why it shouldn’t be (because it is not the sort of entity that can be sued). The two individuals, Cody Hall and Krystal Two Bulls, are also still named, but were never served. (Greenpeace entities are the only ones that were served and are actively litigating)," Bigda told Censored News.
Dr. Michelle Cook, Dine', director of Divest Invest Protect, told Censored News, "All over the world righteous people are under attack for speaking truth to the so-called 'powerful.'''
Responding to questions, Greenpeace said Red Warrior Society and other water protectors are named in the lawsuit.
"Red Warrior Society is still named in the lawsuit and last week our lawyers presented arguments for why it shouldn’t be (because it is not the sort of entity that can be sued). The two individuals, Cody Hall and Krystal Two Bulls, are also still named, but were never served. (Greenpeace entities are the only ones that were served and are actively litigating)," Bigda told Censored News.
During a hearing on Thursday, attorneys for Greenpeace asked a North Dakota judge to dismiss the lawsuit, filed in Morton County District Court in North Dakota State Court in 2019, North Dakota Monitor reports.
Steven Caplow, also representing Greenpeace, asked the judge to dismiss this part of the claim because the Red Warrior Society is not a legal entity.
“You can’t conspire with the Red Warrior Society, because it doesn’t exist,” Caplow told Southwest District Jude James Gion during the hearing.
SLAPP lawsuit creates international alarm
"Very few jurisdictions have made steps to prevent the corporate legal warfare waged in SLAPPs to silence dissent and freedom of expression. The United States has long failed to uphold human rights and Indigenous leaders have had no choice but to leave their precious homelands; and use international diplomacy to implore all those who will listen for an end to the extractive industry violence.'
"Europe played a key role in the colonization of the planet. Now let's see if she, her people, and jurisdictions, can help in undoing and healing that historic wound. Indigenous peoples must continue to engage with Europe to seek justice and corporate accountability."
Water protectors and media served with subpoenas
"Unicorn riot was never named in the lawsuit. They received a third party subpoena, along with many other activist groups and individuals (these folks are not parties to the case; rather, they are third parties that Energy Transfer wants info from in its case against Greenpeace,)" Bigda told Censored News.
Standing Rock water protectors and media have been served subpoenas in the case from Energy Transfer, as it seeks out information. Unicorn Riot fought the subpoena in Minnesota and won its case to protect its internal media files. However, Energy Transfer has now asked the Minnesota Supreme Court to reconsider its case.
Greenpeace clarified the reason for the subpoenas that water protectors and Unicorn Riot media were served with.
Greenpeace: Big Oil Denies Standing Rock was Indigenous-led Movement
Greenpeace USA said in a separate statement, "We’re being sued by Big Oil Energy Transfer for $300 million. It’s an abusive lawsuit designed to end Greenpeace’s 50-year legacy of environmental activism."
"But it’s bigger than just us."
"Energy Transfer built the infamous Dakota Access Pipeline. You’ll remember that in 2016, Indigenous organizers led one of the most powerful protests in modern history at Standing Rock," Greenpeace USA said on Instagram.
"Now ET claims it was all Greenpeace’s doing? It’d be laughable if it weren’t a lie and racist attempt to erase Indigenous leadership in North Dakota."
"They’re suing to recover so-called 'losses.' But really, this is about bankrupting Greenpeace USA and silencing protesters. This lawsuit would establish dangerous case law allowing corporations to go after bystanders at peaceful protests. The only way to stop this lawsuit is if we generate enough public outrage to force them to drop the lawsuit."
"We demand that 'Energy Transfer immediately drop its $300 million lawsuit against Greenpeace. This lawsuit is a blatant attempt to silence our voices. This lawsuit sets a dangerous precedent, empowering corporate giants to intimidate and silence their critics by suing them for unimaginable amounts using nonsensical/bogus arguments. Help fight back — tell Energy Transfer to drop their meritless lawsuit now."
"But it’s bigger than just us."
"Energy Transfer built the infamous Dakota Access Pipeline. You’ll remember that in 2016, Indigenous organizers led one of the most powerful protests in modern history at Standing Rock," Greenpeace USA said on Instagram.
"Now ET claims it was all Greenpeace’s doing? It’d be laughable if it weren’t a lie and racist attempt to erase Indigenous leadership in North Dakota."
"They’re suing to recover so-called 'losses.' But really, this is about bankrupting Greenpeace USA and silencing protesters. This lawsuit would establish dangerous case law allowing corporations to go after bystanders at peaceful protests. The only way to stop this lawsuit is if we generate enough public outrage to force them to drop the lawsuit."
"We demand that 'Energy Transfer immediately drop its $300 million lawsuit against Greenpeace. This lawsuit is a blatant attempt to silence our voices. This lawsuit sets a dangerous precedent, empowering corporate giants to intimidate and silence their critics by suing them for unimaginable amounts using nonsensical/bogus arguments. Help fight back — tell Energy Transfer to drop their meritless lawsuit now."
Mercenaries TigerSwan Spied without a License, Provided Info to Law Enforcement
Red Warrior Camp was a focus of the mercenaries hired by Energy Transfer at Standing Rock in September of 2016, as revealed in the court-ordered spy documents released.
TigerSwan was found working in North Dakota without a license from 2016 through 2017. As a result, the North Dakota regulatory board ordered that TigerSwan's spy files be released. The Intercept now has over 50,000 of TigerSwan's spy documents at Standing Rock, as a result of a lengthy court battle. Energy Transfer, employer of TigerSwan, fought the release of documents in North Dakota court, but the North Dakota Supreme Court upheld the decision to release TigerSwan's documents in 2022.
The TigerSwan aerial photos included Oceti Sakowin Camp, Red Warrior Camp, and the other camps. The spy documents reveal that a U.S. Border Patrol drone was included in the aerial surveillance and infiltrators were placed in the water protector camps at Standing Rock and elsewhere.
Meanwhile, after Standing Rock, TigerSwan's CEO formed a new company. Syria says they are stealing Syria's oil. CNN reported about the secretive contract and the new company.
(Below) TigerSwan's spy operation: Aerial spying at Standing Rock
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| TigerSwan spy file: Standing Rock Camp |
Palestinians Targeted for Surveillance by TigerSwan at Standing Rock
"As soon as a single Palestinian activist showed up at an anti-Dakota Access Pipeline camp on the edge of the Standing Rock reservation in 2016, intelligence analysts for the mercenary security firm TigerSwan were on alert," by Alleen Brown, Drilled and co-published with the Center for Media and Democracy.
Greenpeace Battling Lawsuit at International Level: First for European Union Anti-SLAPP Directive
Greenpeace International said that Energy Transfer's lawsuit attempts to deny that the Standing Rock resistance to the Dakota Access Pipeline was an Indigenous-led movement, which began in 2016. Energy Transfer's lawsuit was slated for July 29, 2024 in Morton County District of North Dakota Court.
Greenpeace is battling Energy Transfer's SLAPP lawsuit at the international level, Greenpeace made the announcement in Amsterdam, Netherlands, on July 23, 2024.
"Greenpeace International pushed back today against a meritless, US $300 million lawsuit from US-based fossil fuel company Energy Transfer by sending a Notice of Liability to its headquarters in Dallas, Texas."
"The Notice of Liability informs Energy Transfer (ET) of Greenpeace International’s intention to bring a lawsuit against the company in a Dutch Court to recover all damage and costs it has suffered as a result of the SLAPP suit, unless ET withdraws its case and accepts responsibility for the harm Greenpeace International has suffered."
“Energy Transfer’s lawsuit is a perfect prototype of what the EU Directive aims to end: wealthy players using towering legal claims and costs to muzzle criticism. Thanks to a concerted civil society campaign, there is now a strong tool to stop these cases at the EU border and to fight back against them,” said Daniel Simons, Greenpeace International’s Senior Legal Counsel for Strategic Defence.
"The first-ever application of the principles and rules set out in the EU anti-SLAPP Directive comes as Greenpeace International and the Greenpeace entities in the US are defending against a brazen lawsuit filed by ET in the wake of the Indigenous-led protests against the Dakota Access Pipeline in 2016. ET baselessly claims these protests were covertly instigated by Greenpeace as a way to raise funds. From the outset, this has been an attempt by ET to bury nonprofits and activists in legal fees, push them towards bankruptcy and ultimately silence dissent."
“The threat posed by corporate SLAPPs has been growing in recent years. The Coalition Against SLAPPs in Europe (CASE) was set up in response to build solidarity and advance the case for anti-SLAPP legislation, including the EU Anti-SLAPP Directive published in April 2024. Energy Transfer’s lawsuit – and the Notice of Liability issued by Greenpeace international – represents a crucial test of this new law,” said Anna Myers, Executive Director of the Whistleblowing International Network and member of the CASE Steering Committee.
"Based in the Netherlands, Greenpeace International is citing Chapter V of the EU Directive which protects organisations based in the EU against SLAPPs outside the EU, and entitles them to compensation.[3] The Netherlands, like all EU Member States, has until May 2026 to transpose the Directive into national law. But the Directive already aids the interpretation of existing Dutch law. GPI is holding ET (or more precisely, the three ET entities suing in North Dakota: Energy Transfer LP, Energy Transfer Operating LP, and Dakota Access LLC) liable for the damage it has suffered and continues to suffer as a result of the SLAPP suit in North Dakota. If ET does not drop the suit and agree to pay damages to Greenpeace International, it could face a claim for compensation in the Netherlands."
"The EU’s anti-SLAPP directive comes into force amid the fossil fuel industry’s widespread misuse of legal systems to target environmental watchdogs, Water Protectors, and any critics, part of a wider trend of increasing SLAPPs. A report by the Coalition Against SLAPPs in Europe (CASE) documented 820 SLAPP suits in Europe as of August 2023, with 161 lawsuits filed in 2022, a significant increase in the 135 cases filed in 2021.[4]"
Notes:
[1] The Notice of Liability sent by Greenpeace International
[2] Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’)
[3] Directive (EU) 2024/1069, Chapter V, Protection against third-country judgments
[4] A report by the Coalition Against SLAPPs in Europe (CASE) documented 820 SLAPP suits in Europe as of August 2023, with 161 lawsuits filed in 2022, a significant increase in the 135 cases filed in 2021.
Read more:
Attorneys seek dismissal of lawsuit over Dakota Access protest
BISMARCK, N.D. (North Dakota Monitor) – Attorneys for Greenpeace have asked a North Dakota judge to dismiss a lawsuit brought by the developer of the Dakota Access Pipeline over the environmental activist group’s organized opposition to the pipeline.
Energy Transfer in court filings accuses Greenpeace of coordinating with the Red Warrior Society to commit crimes against the pipeline company.
“You can’t conspire with the Red Warrior Society, because it doesn’t exist,” Caplow said during the hearing.
Details of Minnesota Court of Appeals Ruling: A Win for Unicorn Riot Media
(This case is now before the Minnesota Supreme Court, August 2024)
Energy Transfer Subpoena to Unicorn Riot
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