Dakota Access Pipeline verdict stands as Greenpeace heads to state high court
A judge rejected a motion for a retrial, leaving the environmental group to appeal a $345 million judgment in a dispute dating back to 2016 protests.
By Aiko Soto ·
Southwest Judicial District Judge James Gion denied a request for a new trial on Monday, keeping a $345 million judgment against Greenpeace intact. The organization will now appeal the decision to the North Dakota Supreme Court.
The legal dispute traces back to a Morton County jury verdict in early 2025. The jury found Greenpeace liable for inciting illegal acts against Energy Transfer during anti-pipeline protests in North Dakota in 2016 and 2017. Jurors also determined the group published false statements that damaged the company's reputation.
The original jury award totaled approximately $667 million. Judge Gion later reduced that figure to $345 million. Following the reduced judgment, Greenpeace attorneys argued the initial proceedings were unfair. They claimed Energy Transfer presented inaccurate and irrelevant evidence and that the jury instructions contained major errors.
The environmental group also cited concerns about jury bias. Attorneys noted that many residents in Morton County hold negative memories of the pipeline protests and that the local economy relies heavily on the energy industry. They pointed to pre-trial mailers and media in Mandan and Bismarck that supported the energy sector. Greenpeace suggested Cass County as an alternative venue for a retrial.
Judge Gion found the arguments unpersuasive in his written order. He noted that every juror pledged under oath to make an impartial decision when seated. The judge expressed concern that a second trial in Fargo would place a heavy burden on the court system. He wrote that a new trial there could lead to years of delay for other cases.
Judge Gion also directed that legal errors claimed during the trial be addressed during the appeal process rather than at the trial level. Before the current trial began, Greenpeace had also requested a venue change to Cass County, which both the district court and the state supreme court previously denied.
The lawsuit names three entities: Greenpeace USA, Greenpeace International, and Greenpeace Fund. The three-week trial included dozens of witnesses, such as former employees, Indigenous activists, and law enforcement officials. Energy Transfer stated that the order confirms the jury's unanimous finding that Greenpeace is responsible for the harm it caused.
