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Energy Transfer v. Greenpeace
WPLC Motion to Intervene to lift corporate veil & Trial Monitoring efforts in the $900 million SLAPP lawsuit by ET targeting Greenpeace.
- Energy Transfer v. Greenpeace is a $900 million Strategic Lawsuit Against Public Participation (SLAPP) filed by Energy Transfer (ET) targeting Greenpeace entities. The lawsuit arose after Greenpeace, along with allied organizations, documented and publicized the environmental, cultural, and human rights concerns surrounding the Dakota Access Pipeline (DAPL). The litigation represents a corporate attempt to suppress public scrutiny and criticism of ET’s pipeline operations, particularly related to unreported safety incidents and environmental violations during construction.
WPLC’s Motion to Intervene and Lift the Corporate Veil of Secrecy on Pipeline Safety Documents
The Water Protector Legal Collective (WPLC) filed a motion to intervene in the case to lift the veil of corporate secrecy surrounding pipeline safety documents, including critical information on 1.4 million gallons of potentially toxic drilling fluid released in 700 unreported frac-out incidents under Lake Oahe in 2017, during DAPL construction. These disclosures were initially found in an Exponent Report publicly filed in the North Dakota Supreme Court.
WPLC’s intervention was instrumental in providing a legally recognized, community-focused presence in a case that sought to limit transparency and suppress information about ongoing environmental and human rights risks. While litigation is ongoing, the intervention allowed WPLC to advocate for accountability and ensured that crucial evidence affecting the safety of Standing Rock’s water supply remained part of the public and legal record.
Trial Monitoring
WPLC has monitored Energy Transfer v. Greenpeace since 2021, when the organization received and successfully defended against a third-party subpoena directed at our legal work during #NoDAPL. This early involvement established WPLC’s role as a trusted, Indigenous-centered observer in the case.
Ahead of the 2024–2025 bench trial, WPLC joined the formation of an ad hoc trial monitoring committee, created to ensure independent oversight of proceedings that were not livestreamed and remained inaccessible to the general public. During the bench trial, committee members, including WPLC attorneys, attended proceedings in person. This presence ensured that the trial’s progression was documented and observed by advocates connected to the impacted communities and broader human rights concerns.
Ongoing Commitment
The litigation continues post-trial, and WPLC remains actively engaged in advocating for transparency, Indigenous rights, and environmental justice, ensuring that proceedings impacting the communities at Standing Rock are independently monitored and documented.
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