BISMARCK, N.D. — A North Dakota judge announced this week he will require Greenpeace to pay damages totaling approximately $345 million related to protests against the Dakota Access oil pipeline that occurred nearly ten years ago. The environmental organization maintains it lacks the financial resources to cover such an enormous sum.
Court documents filed on Tuesday show Judge James Gion plans to sign an order mandating multiple Greenpeace organizations pay the judgment to pipeline operator Energy Transfer. The judge established the $345 million figure last year after cutting a jury’s original damage award roughly in half, though his recent filing did not specify the exact final total.
This anticipated order is expected to trigger appeals from both parties to the North Dakota Supreme Court.
A nine-member jury previously determined that Netherlands-based Greenpeace International, Greenpeace USA, and their funding organization Greenpeace Fund Inc. were responsible for defamation and additional claims filed by Dallas-headquartered Energy Transfer and its Dakota Access subsidiary.
The jury held Greenpeace USA accountable on every charge, including conspiracy, trespassing, creating a public nuisance, and tortious interference. The remaining two organizations were found responsible for portions of the allegations.
The legal action originated from pipeline demonstrations during 2016 and 2017, when thousands of activists gathered and established camps close to where the project crosses the Missouri River above the Standing Rock Sioux Tribe’s territory. The tribe has consistently fought the pipeline, viewing it as a danger to their water resources.
The original damage award reached $666.9 million, split among the three Greenpeace groups in varying amounts before the judge lowered the total. Greenpeace USA faced $404 million of that judgment.
Energy Transfer has stated it will challenge the reduced damages, describing the jury’s initial verdict and award as “lawful and just.” The company did not respond to requests for comment regarding Tuesday’s court action.
In financial documents filed recently, Greenpeace USA disclosed it lacks sufficient funds to cover the $404 million jury award “or to continue normal operations if the judgment is enforced.” The organization reported having $1.4 million in cash and equivalent assets, with total resources of $23 million as of December 31, 2024.
While Greenpeace refused to comment on Tuesday’s court filing, interim general counsel Marco Simons for Greenpeace USA confirmed the organization cannot afford the judgment.
“As mid-sized nonprofits, it has always been clear that we would not have the ability to pay hundreds of millions of dollars in damages,” Simons stated Wednesday.
Simons emphasized the case remains far from concluded and expressed confidence about their planned appeal.
“These claims never should have reached a jury, and there are many possible legal grounds for appeal – including a lack of evidence to support key findings and valid concerns about the possibility of ensuring fairness,” Simons explained.
Greenpeace argues the lawsuit represents an attempt to use courts to silence activists and critics while suppressing First Amendment freedoms. The pipeline company counters that the case concerns Greenpeace’s failure to follow legal requirements, not issues of free speech.
During trial proceedings, Energy Transfer’s legal team argued that Greenpeace coordinated efforts to halt pipeline construction, including organizing demonstrators, providing blockade materials, and spreading false information about the project.
Lawyers representing the Greenpeace organizations maintained there was insufficient evidence supporting the company’s accusations and argued that Greenpeace staff had minimal involvement in the protests, with the organizations bearing no responsibility for Energy Transfer’s construction delays or refinancing issues.
