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Greenpeace Seeks New Trial in $345 Million Dakota Access Pipeline Case

4/6/2026, 9:01:13 PM

Overview of the Case

Greenpeace has filed a motion for a new trial following a $345 million judgment against the organization in a lawsuit initiated by Energy Transfer, the developer of the Dakota Access Pipeline. The case stems from protests against the pipeline that occurred in North Dakota during 2016 and 2017, where a Morton County jury found Greenpeace liable for inciting illegal acts and disseminating false statements that damaged Energy Transfer's reputation. Initially, the jury awarded Energy Transfer approximately $667 million, but the amount was later reduced by Southwest Judicial District Judge James Gion.

Legal Arguments for a New Trial

In its motion, Greenpeace argues that the jury instructions and verdict form contained significant errors, and that Energy Transfer was permitted to present irrelevant evidence during the trial. The organization contends that the jury pool was biased, asserting that the residents of Morton County had direct experiences with the protests that could have influenced their judgment. Greenpeace is requesting that the trial be relocated to Cass County, where it believes the jury would be more impartial due to the community's lesser economic ties to the energy industry.

Implications of the Judgment

If Greenpeace's request for a new trial is denied, the organization plans to appeal the decision to the North Dakota Supreme Court. The lawsuit involves three entities: Greenpeace USA, Greenpeace International, and Greenpeace Fund. As of now, Energy Transfer has not responded to Greenpeace's motion for a new trial but has previously defended the jury's verdict and indicated its intention to appeal the reduced award.

Financial Considerations

Judge Gion ruled that Greenpeace would not need to pay the $345 million judgment for several months, allowing time for appeals to be processed. However, the court documents indicate that Greenpeace may be required to post a bond of up to $25 million during this period, a request the organization has asked the judge to waive or reduce, citing the challenges of securing such a large bond.

International Legal Actions

In addition to the ongoing case in North Dakota, Greenpeace International has initiated a separate lawsuit in the Netherlands, accusing Energy Transfer of using the U.S. legal system to undermine the environmental group. Energy Transfer has sought to pause the overseas lawsuit while the North Dakota case remains active, a request that Judge Gion denied, leading to an appeal to the North Dakota Supreme Court.

Conclusion

The outcome of Greenpeace's motion for a new trial and the subsequent appeals could have significant implications for both the organization and the broader environmental movement. The case highlights ongoing tensions between environmental advocacy and the interests of the energy sector, particularly in regions directly affected by pipeline construction and protests.