BISMARCK, ND (Legal Newsline) - Greenpeace never thought it would have to account for protests of the Dakota Access Pipeline that cost oil and gas supplier Energy Transfer $80 million in lost profits and $26 million in lost shareholder value. That was the opening salvo in a high-stakes trial under way in Morton County, N.D.
"Their day of reckoning starts today," argued Energy Transfer attorney Trey Cox on Wednesday.
Dallas-based Energy Transfer seeks $300 million in damages for trespass, nuisance and defamation from Netherlands-based Greenpeace International, its U.S. affiliate Greenpeace USA and the group's financier, Greenpeace Fund Inc. The suit is based on the environmental advocacy group's 2016 and 2017 protests over the oil pipeline’s planned Missouri River crossing, upstream from the Standing Rock Sioux Tribe’s reservation.
Defendants argue their free speech rights are on the line. They also lay blame on the U.S. Army Corps of Engineers for delays in its approval processes.
Cox told jurors that Greenpeace paid outsiders to come into Morton County to protest, that it financed and transported supplies to blockade construction sites and that it organized and directed protestors and their own people on the ground.
He also told jurors to ignore defense attempts to view the three defendants as separate entities, stating they all have the same phone number, same office address, same executive director and same general counsel.
Every hour of construction delays cost Energy Transfer $70,000 in labor costs alone, according to Cox. Full costs were $720,000 when factoring in equipment, security and public relations costs, he said.
Cox also told jurors to ignore Greenpeace's current and public claims at the time of protests.
"Look at their emails," Cox said. "Believe the emails."
An example provided by Cox showed Greenpeace official Cy Wagoner stating that "we" had successfully gotten banks to withdraw funding from Energy Transfer.
He also showed a LinkedIn profile of Greenpeace official Lilian Molina stating that she "coordinated the international team for the standing rock rapid response campaign resulting in increased member engagement & international bank divestment."
The trial is expected to last five weeks.