Some legal experts characterized the original $660 million award as “beyond comprehension.”
A North Dakota judge has ordered Greenpeace to pay $345 million to Dallas-based Energy Transfer and its local subsidiary, Dakota Access, finding that the nonprofit was liable for defamation and other claims filed in connection with protests that took place at a pipeline nearly a decade ago.
According to The Associated Press, the court’s decision is roughly half of the $667 million that a jury had earlier decided to award the pipeline company. The case, adds The Associated Press, relates to a round of protests that began in 2016 and ended in 2017, all staged in opposition to the Dakota Access pipeline and its crossing of the Missouri River near the Standing Rock Sioux Tribe reservation.
Greenpeace asked state District Judge James Gion to rule in its favor on several claims.
In granting the request to some claims, Gion said he had no evidence to suggest that damages awarded were duplicative. In denying others, he said that evidence could lead a jury to make a finding of duplicity.
Energy Transfer said it plans to appeal “as we firmly believe that the original jury findings and damages award for conspiracy and defamation are lawful and just.”
Greenpeace, separately, said that it will seek a new trial and appeal if the request is denied.
“We will believe that the remaining claims are legally unfounded,” Greenpeace said in a statement.
Some legal experts characterized the original $660 million award as “beyond comprehension.”
“I think this is one of the worst First Amendment decisions in American history,” civil rights lawyer Marty Garbus told CNN. “The decision is beyond comprehension.”
Others said that the lawsuit was clearly filed to suppress Greenpeace’s First Amendment rights rather than litigate any serious set of claims.
“The verdict is a loss for Greenpeace, but more so for the First Amendment right to speak out, and thus for all Americans,” First Amendment project senior counsel James Wheaton told CNN. “If huge corporations can do this to one they can do it to everyone.” ‘
Greenpeace’s legal team has previously sounded the alarm on the lawsuit, and award, could mean for organizations and individuals across the country.
“We should all be concerned about the future of the First Amendment, and lawsuits like this aimed at destroying our rights to peaceful protest and free speech,” said Deepa Padmanabha, senior legal advisor for Greenpeace USA.
Sources
Judge says Greenpeace must pay $345 million in pipeline lawsuit, cutting jury amount nearly in half
Jury finds Greenpeace liable for more than $660 million in relation to pipeline protest
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