The strength of the American civil legal system rests on a simple principle: those who break the law on U.S. soil answer to U.S. plaintiffs in U.S. courts. Our constitutional order depends on juries empowered to weigh evidence, judges and plaintiffs entrusted to enforce verdicts, and a system insulated from foreign interference. However, that foundation is now being tested by an activist organization determined to escape domestic accountability for domestic acts, by turning abroad and using a foreign country’s laws and courts to take another bite at the legal apple, so to speak.
In March 2025, a North Dakota jury delivered a decisive $670 million verdict against Greenpeace and its affiliates, finding them liable for extreme torts against Energy Transfer LP in the form of defamation, trespass, and conspiracy. The jurors rejected the claim that the Greenpeace activity—supporting violent demonstrations that disrupted construction of the Dakota Access Pipeline in 2016 and 2017—was protected speech, finding instead that Greenpeace orchestrated a campaign of unlawful disruption and reputational harm against Energy Transfer.
While the award has since been reduced to $345 million, the fact remains: the jury verdict was well founded.
During the trial, Energy Transfer’s lawyers presented compelling evidence showing Greenpeace’s role in orchestrating the protests. The group spent $55,000 training activists in direct action and violent protest tactics, supplied them with power tools, tents, propane, cold-weather gear, and lockboxes to chain themselves to heavy equipment, and encouraged confrontations with law enforcement. Meanwhile, its former executive director was found to have used an official Greenpeace email account to raise another $90,000 to fuel the effort.
On top of that, the jury found that Greenpeace knowingly defamed Energy Transfer by falsely accusing the company of knowingly desecrating Native American burial grounds during pipeline construction. In reality, Energy Transfer took extensive precautions to protect cultural and historical sites. Such fabricated and highly incendiary claims were found to have inflicted serious harm on Energy Transfer’s public reputation and its standing with financial institutions.
But rather than accept the ruling of the court, Greenpeace is attempting an end-run around it. Just weeks before the trial concluded, Greenpeace and Greenpeace International filed a retaliatory lawsuit against Energy Transfer in the Netherlands, invoking the European Union’s new anti-Strategic Litigation Against Public Participation (anti-SLAPP) directive. Importantly, the EU directive allows EU-based entities, such as Greenpeace International, to pursue damages against non-EU actors for cases originally brought outside the EU—expanding its reach far beyond Europe’s borders.
The Dutch lawsuit marks the first test of the new EU directive, and it appears that Greenpeace’s goal is to reframe its adjudicated misconduct as “free speech,” sprinkle in its own claims, which could and should have been raised and litigated in the North Dakota forum, and ask a foreign tribunal to essentially re-litigate, where a North Dakota court had already ruled following a full jury trial. Such tactics are abusive, costly, extra-jurisdictional, and very concerning for any company dealing with EU-based entities as no U.S. company could anticipate being hauled into an EU Court by or through its activities in the United States.
Fortunately, at least for now, Recital 29 of the directive only applies to untruthful allegations, meaning that if the claims in the original suit are proven true, anti-SLAPP protections do not apply. On that basis alone, the Dutch court should dismiss the case.
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