North Dakota Supreme Court Blocks Greenpeace Dutch Case on Dakota Access

The North Dakota Supreme Court ruled Thursday that Greenpeace International cannot litigate in a Dutch court the same issues a state jury decided against it last year. In a 4-1 decision, the court reversed a lower judge and said Dallas-based Energy Transfer is entitled to an antisuit injunction to prevent Greenpeace from undermining the North Dakota verdict, according to Courthousenews.com.

The ruling pertains to a defamation case where a North Dakota jury found Netherlands-based Greenpeace International liable for claims brought by Energy Transfer over protests in 2016 and 2017 against the Dakota Access Pipeline (DAPL). The jury awarded the pipeline company and its local subsidiary hundreds of millions of dollars in damages. The 1,200-mile pipeline, which started operating in 2017, transports up to 750,000 barrels of oil daily from North Dakota's shale fields to Illinois.

Justice Jerod Tufte, writing for the majority, stated that Greenpeace's Dutch complaint seeks a declaration that the North Dakota action was "manifestly unfounded and abusive," requiring a Dutch court to find Greenpeace did not engage in unlawful conduct. "Those are issues the jury resolved against GPI after a three-week trial," Tufte wrote. The court found the risk of an inconsistent foreign judgment to be real, stating such a proceeding "undermines confidence in the domestic judicial process."

The court noted differences between U.S. and European anti-SLAPP (strategic lawsuit against public participation) laws, highlighting that a 2024 EU directive allows affirmative damages actions before an underlying case is resolved. However, the ruling does not foreclose all related litigation by Greenpeace in the Netherlands; claims based on Energy Transfer's dismissed federal racketeering lawsuit and other statements may proceed, according to the detailed report.

In a separate historical note, the legacy of North Dakota's oil industry was highlighted this week with an interview of 96-year-old Carl Frisinger. He is the last remaining member of the drilling crew that discovered oil near Tioga, a moment that fundamentally changed the state's economy and history, according to a Bing News summary.

For Bakken operators and royalty owners, the Supreme Court's decision reinforces the legal finality of the state's judicial process regarding pipeline protests and provides continued support for critical energy infrastructure. The Dakota Access Pipeline remains a major conduit for Bakken crude to reach market.