ND Supreme Court Blocks Greenpeace's Dutch Lawsuit Against Dakota Access Developer
A 4-1 ruling orders a lower court to halt the overseas case, siding with Energy Transfer's claim it threatens a North Dakota jury verdict.
The North Dakota Supreme Court has intervened in a transatlantic legal battle surrounding the Dakota Access Pipeline (DAPL), ordering a district judge to halt a lawsuit filed in the Netherlands against pipeline developer Energy Transfer. The court ruled 4-1 on Thursday that the Dutch case threatens to undermine a North Dakota jury verdict that largely favored the pipeline company.
According to the North Dakota Monitor, the Amsterdam-based Greenpeace International filed suit against Energy Transfer in the Netherlands in early 2025. This was a counter-suit under a European Union law protecting those sued in retaliation for protest speech. It was a response to Energy Transfer's ongoing lawsuit in North Dakota, which accuses Greenpeace International and two affiliate organizations of conspiracy, defamation, and other crimes aimed at stopping the pipeline's construction. A Morton County jury sided with most of Energy Transfer’s claims last spring.
Energy Transfer alleged that the Dutch lawsuit was an attempt to overturn that unfavorable North Dakota verdict. The company asked Southwest Judicial District Judge James Gion last year to order Greenpeace to stop pursuing the overseas case. Judge Gion denied the request, finding the Dutch suit addressed different matters and was unlikely to interfere with the North Dakota proceedings before they concluded.
The state Supreme Court overturned Gion's decision. In the majority opinion, Justice Jerod Tufte wrote that Greenpeace International's goal in the Amsterdam court is to have Energy Transfer’s suit declared “manifestly unfounded and abusive.” Justice Tufte stated this would require a finding that Greenpeace “did not engage in unlawful conduct, did not cause Energy Transfer’s losses, and did not act with malice,” which directly contradicts the Morton County jury's decision. The majority called the Dutch lawsuit “an attack on a fundamental policy” of the state.
Chief Justice Lisa Fair McEvers was the lone dissenter in the 4-1 ruling. District judges Stephanie Hayden and James Shockman sat in for Justices Mark Friese and Douglas Bahr, who recused themselves.
The ruling represents a significant legal victory for Energy Transfer in its protracted fight against environmental groups that opposed the Dakota Access Pipeline. For Bakken operators and the state, the pipeline remains a critical piece of infrastructure for moving North Dakota oil to market. Legal certainty and the defense of previous court victories within the state are viewed as supportive of the stable operating environment essential for energy infrastructure development.
The Supreme Court directed Judge Gion to enter an order halting the Dutch suit. The underlying North Dakota case between Energy Transfer and Greenpeace is ongoing.
Source
North Dakota Monitor (Bing News)
