Tracker Pixel for Entry

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

by C.S. Hagen | .(JavaScript must be enabled to view this email address) | 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:

News

Women in Bad Lands

by C.S. Hagen

THE BADLANDS – “I just want to flip the proverbial bird to North Dakota as I leave,” Sarah Gulenchyn said. She took a last drag off her American Spirit – burned quick to the filter – before stamping it out. The door to…

Culture

Fire!

by Ryan Janke

In a remote area along the Sheyenne River just southeast of Sheldon, North Dakota lies a sleepy patch of land that comes to life this week as the High Plains Regional Rendezvous kicks off this Saturday.The rendezvous is a week-long…

Thursday, June 20, 6:30 p.m.Zandbroz Variety, 420 N Broadway, FargoNDSU Press and Zandbroz Variety are teaming up for an author event you won’t want to miss. The author event features Denise K. Lajimodiere and the launch of her…

I think Steve Earle described the current state of pop country music best when he said, “The best stuff coming out of Nashville is all by women except for Chris Stapleton," he said. "The guys just wanna sing about getting f***ed…

Gadfly

​American Prophet

by Ed Raymond

Bob Dylan: “You Better Start Swimmin’ Or You’ll Sink Like A Stone”I was shocked when Hibbing native Bob Dylan was awarded the Nobel Prize for Literature in 2016. I think he was, too. I had always enjoyed his songs as great…

To say that this year’s Bartenders Battle was the best display of talent in the six years since its creation would be an understatement and a disservice to not only the bartenders who made it into the competition, but also the…

All About Food

It’s date night!

by HPR Contributor

By Seng Phengdouangdethsengphengdouangdeth@gmail.comAs things are finally starting to warm up in the region, it’s time to kick that delivery habit you’ve developed all winter long and take your main squeeze out somewhere with…

When asked to describe the sound of Green Blue, Minneapolis based musician Annie Sparrows formerly of the Soviettes and Awesome Snakes laughed and said, “Our friend came up to me after a show and he said ‘Do you like Belle and…

Martin Scorsese embraces the prankster spirit of a longtime inspiration/subject in “Rolling Thunder Revue: A Bob Dylan Story.” The confounding testimony is as much mockumentary as documentary, combining new interviews and…

You may have seen Nicki Marie slingin’ her elaborately folded paper star creations at various craft and cultural festivals around the region. She was also a recipient of a folk art and traditional apprenticeship grant made…

The Cass Act Players will take the stage this weekend to bring “Weather the Storm” to Bonanzaville’s Dawson Hall in West Fargo.“Weather the Storm” is a musical based on the infamous tornado that hit Fargo’s Golden Ridge…

Stand-up comedy is traditionally a one-way exchange. Outside of the odd question addressed to a random audience member, the limit of the spectators’ contribution to the conversation is their laughter at the comedy stylings being…

If you’re from the region you may have sipped, sampled or caught word of a libation often referred to as “red eye” or “wedding whiskey” at some point. In fact some of our friends of German Russia descent swear by it. If…

Wellness

Yoga on the Farm

by Ryan Janke

Every Thursday evening during the month of June, Mara Solberg is inviting people to come out and try Yoga on the Farm. It is a unique yoga experience that was born from an idea that was proposed to Solberg.“I’ve been with Red…

by Devin Joubertdevinlillianjoubert@gmail.comIt’s that beautiful time of the year that’s filled with seasonal decorations, sparkly lights, warm family gatherings, and delicious feasts. I love everything about this time of the…

Last Word

The ten year reunion

by HPR Contributor

By Zach Nerpelzachnerpel@gmail.comI was going by “Zach” on this particular evening. Not like I’d go by anything else in any other situation, but tonight it was determined I’d wear a nametag. I showed up to the Fargo Brewing…