BISMARCK, ND (Legal Newsline) - Protests of the Dakota Pipeline that were mostly disorganized and organic accelerated in August 2016 with the intervention of Native American activist groups and Greenpeace, according to testimony in a high stakes trial entering its second week.
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 Greenpeace's 2016 and 2017 protests over the Dakota Pipeline’s planned Missouri River crossing, upstream from the Standing Rock Sioux Tribe’s reservation.
Energy Transfer claims delays caused by protesters resulted in the project missing a crucial online production deadline of Jan. 1, 2017. The company was contractually obligated to be online or clients could take business to competitors.
Nick Tilsen, president and chief executive officer of NDN Collective - a national organization dedicated to "indigenous power" - testified that he had connected leaders of Standing Rock Sioux Tribe with another Native American Indian activist organization, Indigenous Peoples Power Project (IP3). Greenpeace employee Cy Wagoner is seated on the board of IP3.
Wagoner was the first person from Greenpeace on the ground at the protest site and had made the request for Greenpeace to support protest efforts, according to trial testimony.
Protesters would use lockboxes to tie themselves to equipment and one another, which Tilsen described as "very effective" in disrupting progress.
"Even if it only takes 20 minutes to cut a person out of a lockbox it was very effective in delaying Dakota Pipeline construction if the workers were sent home for an entire day," Tilsen said.
On cross examination, Tilsen dismissed allegations that protest activities were illegal or resulted in criminal trespass.
“No way we can trespass on our own land,” Tilsen said.
Morton County Sheriff's Office officer Bryan Steele also testified Monday saying law enforcers were overwhelmed during the fall 2016 protests.
He denied accusations that officers had thrown frozen water bottles at protesters. He said that in fact it was protesters that pelted officers with frozen water bottles. One officer was knocked unconscious by being hit on the back of his head by one.
"It is for this reason my officers are seen wearing helmets in some of the pictures," he said.
He added that some "non-violent" protesters were told by officers to leave.
On cross examination, Steele said his officers had used bean bags on violent protesters. He denied officers used rubber bullets.
Sheriff deputy chief Jason Stugelmeyer testified that some law enforcers "absolutely" received threats from protesters. He said his sister was harassed on social media.
He also said that the FBI asked that his family evacuate their home. Many of his law enforcement colleagues had similiar threats and experiences, he said.