FOR IMMEDIATE RELEASE
February 26, 2025
Contacts:
Nizhoni Begay, WPLC Communications, communications@waterprotectorlegal.org, (210) 324-3393
Paul Paz y Miño, Trial Monitoring Committee, info@trialmonitors.org
Petitioners Head to North Dakota Supreme Court in Effort to Lift Restrictions on Public Access in Greenpeace Trial
Emergency Petition Filed by Water Protector Legal Collective and Trial Monitors Seeks Livestream Be Opened to Public and Media Outlets
Mandan, ND – The $300 million SLAPP harassment lawsuit filed by the Energy Transfer pipeline company against Greenpeace in North Dakota is already heading to the state Supreme Court on an emergency petition that seeks to lift what independent lawyers call “extraordinary” restrictions on public access.
The emergency petition was filed today by the Water Protector Legal Collective (WPLC) and the Ad Hoc Trial Monitoring Committee with the North Dakota Supreme Court. It urges the court to grant the public and trial monitors access to the trial’s existing livestream, currently available privately only to the lawyers for the parties.
“This motion is critically important to force the court to adhere to its constitutional obligation to ensure a fair trial for Greenpeace and open access to the proceedings for the public and the media,” said trial monitor and renowned human rights advocate, Steven Donziger.
The petition highlights concerns over judicial transparency, due process, and the protection of First Amendment rights in a case with national and international significance. WPLC and the Trial Monitoring Committee argue that denying access would contradict these legal provisions and hinder transparency in a case of significant public interest.
“Corporate secrecy cannot override the fundamental right to access judicial proceedings. Public access to this trial via livestream is a critical part of ensuring corporate accountability and transparency,” said Natali Segovia, Executive Director and Senior Attorney at WPLC.
The Water Protector Legal Collective is an Indigenous-led nonprofit law firm and advocacy organization that began at Standing Rock during the historic protests over the DAPL pipeline. It has a motion pending before the trial court in the Greenpeace case seeking public access to 8,000 documents related to pipeline safety that are sealed from public view. On February 18, WPLC filed a request for livestream access to the trial; the request has not been ruled on to date, prompting the emergency petition.
The Ad Hoc Trial Monitoring Committee is composed of prominent attorneys and advocates from around the United States and world who are concerned about the lack of judicial transparency and fairness in the court proceedings. The Committee was formed recently to monitor the proceedings out of growing concern the case is operating as a classic Strategic Lawsuit Against Public Participation (SLAPP) suit with lasting First Amendment implications for all advocates who challenge corporate abuse or who fight to address the climate crisis.
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