Energy Transfer Asks North Dakota Justices to Block Greenpeace Countersuit
Texas-based pipeline developer Energy Transfer, the company behind the Dakota Access Pipeline and the intense national protests that surrounded it, has taken an extraordinary legal step. The firm, which operates a major office in Oklahoma City, recently asked the North Dakota Supreme Court to halt Greenpeace USA from continuing a countersuit filed in the Netherlands—a lawsuit operating entirely under Dutch law.
The New York Times reported the unusual nature of the request: Energy Transfer is effectively asking state-level U.S. judges to stop litigation filed in another country. According to the report, the specifics of Energy Transfer’s request at the state’s highest court had not been previously disclosed until now.
Background: A Massive Judgment Against Greenpeace
Earlier this year, Energy Transfer secured a $670 million judgment against Greenpeace following a jury trial in Mandan, North Dakota. The case centered on claims of trespassing, defamation, and conspiracy, stemming from the high-profile backlash and protest activity surrounding the Dakota Access Pipeline.
A judge later reduced the award by nearly half due to legal technicalities, but the remaining judgment remains significant enough that, if upheld, it could potentially force Greenpeace USA to shut down its operations.
Greenpeace Counters With a Lawsuit Abroad
Greenpeace then launched a countersuit in the Netherlands, where Energy Transfer conducts business, arguing that the company’s actions amounted to abusive litigation tactics designed to suppress free speech and protest. Rather than respond exclusively in the foreign court, Energy Transfer is now trying to stop the Dutch case from within North Dakota.
Legal observers told the Times that the company’s strategy is highly unusual. Even if North Dakota’s justices ruled in Energy Transfer’s favor, enforcing such an order across borders would be extremely difficult due to complex jurisdictional limitations.
Potential Contempt Risks for Greenpeace
Experts also noted that if the North Dakota Supreme Court issues a ruling directing Greenpeace USA to halt its Netherlands case, Greenpeace could theoretically face contempt of court if it refused. However, the practicality of such a sanction remains unclear, since the litigation is taking place outside the United States.
The case adds a new international layer to the years-long legal battle between one of the world’s largest pipeline operators and one of its most recognizable environmental organizations.