Tracker Pixel for Entry

​ETP’s case against ‘eco-terrorists’ dismissed in federal court

News | February 15th, 2019

Frontlines of the DAPL controversy 2017- photograph by C.S. Hagen

BISMARCK – Legal battles between corporate oil and anti-pipeline interests made shocking claims when lawsuits were first filed, on both sides of the pipeline.

North Dakota courts dismissed hundreds of criminal charges against the 836 NoDAPL activists arrested. While official documents show TigerSwan never received permission to operate within the state, many of the civil charges brought by the North Dakota Private Investigation and Security Board against the private security firm have also been dismissed in court.

And on Thursday, a $900 million counter lawsuit filed in the United States District Court for the District of North Dakota in 2017 by Energy Transfer Partners was dismissed. The lawsuit named in part individuals involved in the protest movement against the Dakota Access Pipeline, and Greenpeace, BankTrack, and Earth First! as defendants, alleging that the organizations violated the RICO Act and were involved in racketeering.

“Justice has been served,” Greenpeace USA General Counsel Tom Wetterer said. “This is a huge victory not just for Greenpeace but for anyone and everyone who has ever stood up against powerful corporate interests. Today’s decision to dismiss Energy Transfer’s baseless lawsuit against Greenpeace and others sends a clear message to companies trying to muzzle civil society that corporate overreach will not be tolerate.

“It is also a check on corporate efforts to silence dissent.”

Energy Transfer Partners lawsuit has struggled since it was first filed. On July 24, 2018, charges against BankTrack were dismissed, and lawyers for the plaintiff were ordered to amended complaint because its original had significant deficiencies, which included a failure to point out simple, concise, and direct allegations against the defendants.

On August 6, 2018, Energy Transfer Partners complied, but further named five others as defendants and broadened their case to include other pipeline battles including projects such as Bayou Bridge. Some of the people included in the lawsuit included Cody Hall, a South Dakota resident, Ruby Montoya, an Iowa resident and the press representative for Mississippi Stand, and Krystal Two Bulls, a Montana resident and media coordinator for the Red Warrior Camp.

Energy Transfer Partners alleged the defendants were eco-terrorists conspiring to commit RICO violations, to racketeer in violation of North Dakota law, to criminally trespass, and defame the parent company behind the Dakota Access Pipeline.

In a press release at the time Energy Transfer Partners filed the lawsuit, the company named the defendants as the “Enterprise.”

“These terrorist groups also funded their activities and the ‘Enterprise’ by using donations to fund a lucrative drug trafficking scheme inside the camps.”

In the press release, Energy Transfer Partners said while building the Dakota Access Pipeline it was innocent of: encroaching on tribal treaty lands, desecrating sacred sites of the Standing Rock Sioux Tribe, constructing DAPL without proper consultation, and using excessive and illegal force against protestors.

“Other illegal activities directed at Energy Transfer and its executives that are alleged in the complaint include persistent attempted cyber-attacks and telephonic and electronic threats to the physical safety of executives,” the press release stated.

Two weeks later the case against Earth First! Was dismissed.

During a 2018 CERAWeek energy conference, Energy Transfer Partners CEO Kelcy Warren doubled down on efforts against opponents of oil pipelines calling those involved were participating in civil insurrection.

When asked by the moderator at the conference about the opposition, Warren did not hide his distaste.

“For example, talking about somebody that needs to be removed from the gene pool, we had people drilling holes in our pipe,” Warren stated. 

Recently in:

Proposed Bills Could Take Books off Library ShelvesBy Laura Simmonslaurasimmons2025@u.northwestern.edu The passing of ND House Bill 1205 and ND Senate Bill 2360, which would prevent sexually explicit books from being in public…

By Sabrina Hornungsabrina@hpr1.comHPR chats with a local legendThe following interview was done in February of 2016, just a few months after Mr. Josef Olivieri's 90th birthday. We're sorry to hear of his passing at the age of 97 on…

Tuesday, March 21, 6:30pmZandbroz Variety, FargoAuthor of “Boys and Oil: Growing Up Gay in a Fractured Land” Taylor Broby will discuss the important role libraries play in their communities as sanctuaries of acceptance. He will…

By John Strandjas@hpr1.comOur Opinion: Who on Earth would ever want to move to North Dakota?Let’s talk about the left hand and the right hand. Or, more correctly, let’s focus on the right hand, being as there is no left in ND…

By Ed Raymondfargogadfly@gmail.comTwo ForumWhite Nationalist Trumplican Nincoms Have Pooped All Over LibrariansSo it has come to pass that Scott Hennen and Ross Nelson have assaulted librarians in the state, accusing them of…

Well shiver me timbers. After weeks of sampling some of the finest drinks in F-M from more bars than we could shake a belaying pin at, the results of High Plains Reader’s 6th Annual Cocktail Showdown are in! For nine weeks,…

By Rick Gionrickgion@gmail.comWhen thinking of popular sandwiches associated with the Upper Midwest, the sloppy joe immediately comes to mind. But let’s not forget the sandwich with a spicy side – the taco grinder. It’s a…

By John Showalterjohn.d.showalter@gmail.comphoto by Andy Wilcox Many of Fargo-Moorhead’s talented bands and musicians have been able to gain fans around the country. Some of this, of course, is due to social media making it…

By Greg Carlsongregcarlson1@gmail.comKevin Armento’s play “Killers” inspired both Stefanie Abel Horowitz’s 2019 short film “Sometimes, I Think About Dying” and Rachel Lambert’s 2023 feature “Sometimes I Think About…

By Sabrina Hornungsabrina@hpr1.comIf you’ve ever driven down the Enchanted Highway, the 32-mile ribbon of road connecting Regent to Gladstone in western North Dakota, home to the world’s largest salvaged metal sculptures,…

By Jessica M. Hawkesjmhawkes84@gmail.comIt wasn’t long after the founding of the railroad and river town of New Rockford that entertainment venues started to put down their own roots. Its population bolstered by booms of nearby…

By Jan Syverson  Jan.r.Syverson@gmail.comFor the past 30 years live, stand-up comedy has had a place in the Fargo Moorhead area, Starting with…

By Kris Gruberperriex1@gmail.comSpring is here (mostly), and our area is buzzing with people eager to get back out and about -- many newly vaccinated and feeling a bit safer. Partnering with Jade Events, Fargo Brewing is just…

By John Showalter  john.d.showalter@gmail.comThey sell fentanyl test strips and kits to harm-reduction organizations and…

JANUARY 19, 1967– MARCH 8, 2023 Brittney Leigh Goodman, 56, of Fargo, N.D., passed away unexpectedly at her home on March 8, 2023. Brittney was born January 19, 1967, to Ruth Wilson Pollock and Donald Ray Goodman, in Hardinsburg,…

By Ken and Alice Christiansonsubmit@hpr1.com HB 1332 is currently before the North Dakota legislature. The bill proposes to permit social workers to use a discredited treatment method to convert the sexual orientation of gay and…