Indigenous Peoples and Human Rights

January 2, 2025

The Circus is Coming to Town: The Bizarre Lawsuit of Energy Transfer v Greenpeace and Red Warrior Society

The Circus is Coming to Town

The Bizarre Lawsuit of Energy Transfer v Greenpeace and Red Warrior Society

Dakota Access Pipeline bulldozer at Standing Rock in 2016.

The Circus is Coming to Town

It's the most bizarre lawsuit -- Energy Transfer v Greenpeace and Red Warrior Society, eight years later.

There are loads of documents hidden away with "confidential" stamps in the court records, and a whole lot of players -- governors, Congressmen, and law enforcement, in the shadows.

The fragments, between the blackouts of "redacted," show that the head of Energy Transfer is reluctant to answer questions in depositions.

Other snippets show that the oil pipeline doesn't want to reveal its history of spills, safety records, and whether Dakota Access Pipeline has already contaminated the water at Standing Rock.


Meanwhile, there's a "newspaper" tainting the potential jurors, attorneys say, which promotes the sheriff.

And where are all the files on TigerSwan, the paid FBI informants, and the military special ops?

Tens of thousands of documents of TigerSwan were gained by The Intercept in another court battle. Those reveal the surveillance of Oceti Sakowin, Red Warrior and the other water protector camps by TigerSwan. TigerSwan, the mercenaries hired by Energy Transfer, operated without a license, the North Dakota regulatory board ruled.

Where are the files on the drone being shot down by law enforcement, the photos of the U.S. Border Patrol's surveillance plane, and the details about the BIA's surveillance van parked at the the tribe's Prairie Knights Casino, with BIA undercover officers wandering around inside the casino.

The judge, appointed by the governor, won't recuse himself.

Unicorn Riot media is in Minnesota Supreme Court fighting the pipeline's subpoena to seize its confidential media records.

Water protectors and media have been served with third party subpoenas by the pipeline in the pipeline's fishing expedition for their info. 

And it's all coming to Mandan, North Dakota, at the end of February, to North Dakota's District Court, home to the Morton County Sheriff.

It's a $300 million frivolous SLAPP lawsuit to shut them down, says Greenpeace.

Greenpeace says the lawsuit is an attempt to deny that the movement to protect the water was led by Indigenous People.

Greenpeace said there was a large dump of records into the case.

Stay tuned, and dig through the files -- good luck.

Censored News.

Blacked out, Redacted -- Excerpts from the Case of Energy Transfer v Greenpeace and Red Warrior Society 

In the many court actions, Energy Transfer adds the judge to the list of defendants, along with Greenpeace and Red Warriors, in this case before the North Dakota Supreme Court

https://portal-api.ctrack.ndcourts.gov/courts/68f021c4-6a44-4735-9a76-5360b2e8af13/cms/case/d90b1a5d-6212-4340-9fcb-4fc917b1116d/docketentrydocuments/84b3ec02-248b-42a7-96ae-7554dd200789


Redacted: Spills


Redacted: CEO's deposition




https://portal-api.ctrack.ndcourts.gov/courts/68f021c4-6a44-4735-9a76-5360b2e8af13/cms/case/d90b1a5d-6212-4340-9fcb-4fc917b1116d/docketentrydocuments/4d3e3edf-a36e-4436-8d71-926a6e4639d5


Before the North Dakota Supreme Court: The Joint Motion to Restrict Access


Redacted: EPA highlighted impacts on Standing Rock water


Redacted: Energy Transfer CEO: Protesters should be "removed from the gene pool"



Redacted: Energy Transfer CEO: 'Pipelines do leak'




Read more:

North Dakota Monitor: Greenpeace says Energy Transfer refuses to turn over EPA and other records, even after orders by North Dakota Supreme Court

Pipeline wants records removed on debated spill

The Standing Rock Nation's new lawsuit against the Army Corps of Engineers points out possible contamination from the Dakota Access Pipeline. Energy Transfer wants the report removed from the records, the North Dakota Monitor reports.

Standing Rock Nation said its lawsuit was triggered in part by a 2024 engineering report that raised questions about the construction of the pipeline crossing below Lake Oahe.

"The report calculated that up to 1.4 million gallons of bentonite clay-based drilling mud used in the horizontal directional drilling process was not fully accounted for in construction records. The report notes that there is no clear indication where the fluid migrated, but that it could have seeped into the surrounding soil."

"A regulator at the North Dakota Department of Environmental Quality confirmed some drilling mud breached containment during construction, but said the substance never reached the lake bed and is not toxic."

The article also reports on the criminal pollution case against Energy Transfer for two pipelines in Pennsylvania.

"Violations alleged in the criminal case included that Energy Transfer had used unapproved additives in the drilling fluid used to construct one of the pipelines. The company was convicted of environmental crimes under Pennsylvania law.

"For this reason, Standing Rock wonders whether the drilling fluid used to bore under Lake Oahe truly contained no toxins."



Photo courtesy Oceti Sakowin Camp 


Des Moines Register reports, Dec. 30, 2024:

The Standing Rock Nation's new lawsuit, filed in October, against the U.S. Army Corps of Engineers, accuses the Army Corps of illegally allowing the Dakota Access Pipeline to operate without an easement, an environmental impact study or robust emergency spill response plans, the Des Moines Register reports.

Standing Rock wants a federal court to order the shutdown of the pipeline, which runs from North Dakota to Illinois through South Dakota and Iowa.

In its latest suit, the Standing Rock Sioux Tribe seeks to present new evidence raising questions about the pipeline’s construction under Lake Oahe.

Standing Rock has long opposed the pipeline, saying it violates the tribe’s sovereignty, has damaged sacred cultural sites and poses a pollution threat to the tribe’s water supply.

The Army Corps of Engineers regulates a section of the pipeline that passes underneath Lake Oahe, a reservoir on the Missouri River less than a half-mile upstream from the Standing Rock Reservation.

“The Corps has failed to act and failed to protect the tribe,” Standing Rock Chair Janet Alkire said in an October news conference announcing the lawsuit.

The pipeline's path includes unceded land recognized as belonging to the Sioux Nation under an 1851 treaty with the U.S. government.

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