ND Supreme Court Orders Injunction Against Greenpeace's Dutch DAPL Suit

The North Dakota Supreme Court has ordered a lower court judge to halt a lawsuit filed in the Netherlands by Greenpeace International against Dakota Access Pipeline developer Energy Transfer. The court ruled 4-1 on Thursday, May 7, 2026, that the overseas case threatens to undermine a North Dakota jury verdict favorable to the pipeline company, according to the North Dakota Monitor.

Energy Transfer, which operates the critical Dakota Access Pipeline (DAPL), accused 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 in a verdict delivered last spring.

In early 2025, Greenpeace International counter-sued Energy Transfer in Amsterdam under a new European Union law designed to protect those sued in retaliation for protest speech. The environmental group argued Energy Transfer was weaponizing the legal system to punish it for supporting the DAPL protests. Energy Transfer alleged the Dutch suit was merely an attempt to overturn the unfavorable North Dakota verdict.

Energy Transfer asked Southwest Judicial District Judge James Gion last year to order Greenpeace International to refrain from pursuing the overseas lawsuit. Judge Gion denied the request, finding the Dutch suit addressed different matters and would not likely interfere with the North Dakota case before its conclusion.

The state Supreme Court overturned Gion's decision. The majority opinion, written by Justice Jerod Tufte and agreed upon by four justices, found Greenpeace International's case in the Netherlands threatened the Morton County jury's verdict. Chief Justice Lisa Fair McEvers dissented.

Justice Tufte wrote that Greenpeace International wants the Amsterdam court to find Energy Transfer's suit "manifestly unfounded and abusive," which would require a finding that the group "did not engage in unlawful conduct, did not cause Energy Transfer’s losses, and did not act with malice." Tufte stated this directly contradicts the jury's decision and called the Dutch lawsuit "an attack on a fundamental policy" of the state.

The court directed Judge Gion to enter an order halting the Dutch suit. District court judges Stephanie Hayden and James Shockman sat in on the case in place of justices Mark Friese and Douglas Bahr, who recused themselves.

The Dakota Access Pipeline is a vital infrastructure artery for Bakken shale oil, transporting crude from North Dakota's production basin to market. Legal victories for its operator help secure the pipeline's operational stability, which is crucial for local producers and royalty owners who depend on consistent export capacity.