Trey Cox | LinkedIn
Trey Cox | LinkedIn
Jurors in Morton County have begun deliberations on whether Greenpeace is liable for $300 million in damages related to the Dakota Access Pipeline (DAPL) construction disruptions. Energy Transfer, based in Dallas, claims Greenpeace entities incited protests in 2016 and 2017 at the pipeline's Missouri River crossing near the Standing Rock Sioux Tribe’s reservation. The defendants include Greenpeace International, Greenpeace USA, and Greenpeace Fund Inc.
Energy Transfer argues that protest-related delays caused them to miss a January 1, 2017 production deadline, risking client loss to competitors. Lead attorney Trey Cox presented numerous documents as evidence, stating, "I promised to stack the evidence high. I promised to stack the evidence wide." He urged jurors to consider proximate cause and emphasized that Greenpeace's actions were pivotal in causing delays.
Cox highlighted internal emails from Greenpeace employees Cy Wagoner and Harmony Lambert as "direct evidence of causation." These communications allegedly linked financial support from Greenpeace to protest activities and pressure on authorities.
Greenpeace’s lead attorney Everett Jack countered by asserting that Energy Transfer seeks to blame them for all protest-related activities. Defense attorney Courtney DeThomas reiterated that Greenpeace International had no direct involvement or funding ties to North Dakota protests. She emphasized it was Energy Transfer's burden to prove their case.
Matt Kelly, representing Greenpeace Fund, clarified its distinct role from other Greenpeace entities and maintained they followed proper grant procedures.
Energy Transfer's closing arguments focused on proving "actual malice" by presenting communications from Greenpeace employees portraying negative views of Energy Transfer. Jurors reviewed various exhibits including emails and statements made by Greenpeace officials during the trial.
The outcome of this case could significantly impact both parties involved. A $300 million verdict against Greenpeace might threaten its financial stability while affirming Energy Transfer’s claims of defamation and liability.
Information from this article can be found here.