Mandan, North Dakota — Greenpeace International met Energy Transfer in a hearing in North Dakota District Court to address the fossil fuel pipeline company’s request to Judge James D. Gion for an anti-suit injunction protecting it from accountability under Dutch and European Union law for the back-to-back SLAPP lawsuits filed in the US against Netherlands-based Greenpeace International.[1][2]

Energy Transfer’s request for the first ever anti-suit injunction issued by a North Dakota state court seeks to violate the principles of international comity and, if granted, would undermine the ability of the EU’s anti-SLAPP directive to protect EU citizens from attacks on their free speech coming from the US.

Daniel Simons, Senior Legal Counsel Strategic Defense, Greenpeace International said: ”Energy Transfer’s aggressive attempt to stop Greenpeace International from pursuing justice and restitution under Dutch and EU law is very much in character. After filing back-to-back abusive lawsuits in the US, Energy Transfer clearly fears a jurisdiction that has protections against abusive SLAPP lawsuits. 

“Energy Transfer is attempting to pressure the North Dakota court into an unprecedented order to stop Greenpeace International from pursuing the proceedings in the Netherlands. These panicked moves show the power of the EU’s new anti-SLAPP directive is being felt. This legislation is intended to protect those who speak out for the public good from exactly the types of bullying tactics that Energy Transfer has been waging in the US.”

Greenpeace International filed a lawsuit against Energy Transfer in Amsterdam in February 2025 under the European Union’s law to protect freedom of expression.[3] Energy Transfer requested relief from the same North Dakota District Court that is still deciding on a final judgment in its pending intimidation lawsuit against Greenpeace International and Greenpeace entities in the US. Judge Gion has not yet delivered a final judgment in that case.[4]

Energy Transfer’s SLAPPs are part of a wave of abusive lawsuits filed by Big Oil companies like Shell, Total, and ENI against Greenpeace entities in recent years. This includes Greenpeace France successfully defeating TotalEnergies’ SLAPP on 28 March 2024, and Greenpeace UK and Greenpeace International forcing Shell to back down from its SLAPP on 10 December 2024.

ENDS

Photos and videos are available in the Greenpeace Media Library. 

Notes:

[1] Notice of Plaintiffs’ Emergency Motion for Anti-Suit Injunction

[2] ET’s first lawsuit was filed in federal court under the RICO Act – the Racketeer Influenced and Corrupt Organizations Act, a US federal statute designed to prosecute mob activity. The case was dismissed, with the judge stating the evidence fell “far short” of what was needed to establish a RICO enterprise. The federal court did not decide on the state law so Energy Transfer promptly filed a new case in a North Dakota state court with these and other state law claims. In the North Dakota state case, a Morton County jury found Greenpeace defendants liable for a perverse amount of damages, more than US$660 million, despite the lack of evidence presented during the trial.

[3] Greenpeace International sent a Notice of Liability to Energy Transfer on 23 July 2024, informing the pipeline giant of Greenpeace International’s intention to bring an anti-SLAPP lawsuit against the company in a Dutch Court. After Energy Transfer declined to accept liability on multiple occasions (September 2024, December 2024), Greenpeace International initiated the first test of the European Union’s anti-SLAPP Directive on 11 February 2025 by filing a lawsuit in Dutch court against Energy Transfer. The case was officially registered in the docket of the Court of Amsterdam on 2 July 2025. Greenpeace International seeks to recover all damages and costs it has suffered as a result of Energy Transfers’s back-to-back, abusive lawsuits demanding hundreds of millions of dollars from Greenpeace International and the Greenpeace organisations in the US. 

[4] Still no evidence and still no final judgment in Energy Transfer lawsuit

Contacts:

Greenpeace International Press Desk, +31 (0)20 718 2470 (available 24 hours), [email protected]

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