Terra Verde

Energy Transfer v. Greenpeace and the Right to Free Speech

standing rock protests
The 2016-2017 Standing Rock protests aimed to stop construction of the Dakota Access Pipeline. Photo by Lucas Zhao / Oceti Sakowin Camp.​

In March, a North Dakota jury found against Greenpeace in a highly watched trial, ordering the environmental group to pay pipeline company Energy Transfer more than $660 million in damages. The case stems from the Standing Rock protests in 2016 and 2017, an Indigenous led movement to stop construction of the Dakota Access pipeline.  Energy Transfer alleges that Greenpeace defamed the company and orchestrated criminal behavior at the protests. Greenpeace denies these claims, describing the suit as an attack on First Amendment rights. Many experts agree that the case could have a chilling effect on public protest.

Longtime environmental attorney and human rights advocate Steven Donziger, who has himself been the target of fossil fuel industry-led litigation, was part of an independent monitoring committee for the trial. He joins Earth Island Journal managing editor and Terra Verde host Zoe Loftus-Farren to discuss what he saw at the trial, his own experience with Big Oil, and what the industry’s weaponization of the court system means for the future of free speech and environmental advocacy.