Greenpeace enfrenta demanda de $300 millones por Energy Transfer

Fossil energy company Energy Transfer (ET) sued Greenpeace USA and demands $300 million for inciting damage «Protests led by Sioux indigenous people at Standing Rock (North Dakota) against the Dakota Access Pipeline Construction by the oil company. Kelcy Warren, founder and CEO of Energy Transfer, is one of the donors of President Donald Trump.

Greenpeace International will test the effectiveness of anti-SLAPP Directive (strategic requests against public participation) to the European Union by filing a lawsuit today against the Fossil Fuel Company in the USA (ET).

Greenpeace International seeks redress for all damages and costs suffered as a result of the consecutive requirements and the Fossil Company Foundation, which requests hundreds of millions of dollars from Greenpeace International and Greenpeace USA offices.

«At a crucial moment of threats to democracy, science, and activism, the campaign that has facilitated and Donald Trump has decided to reverse the steps taken so far in defense of the planet, Greenpeace USA has a fundamental role, and fossil fuel companies, who finance the new President of the United States. They know it. Companies like them Energy Transfer uses legal tactics as a weapon to silence anyone fighting for what is right, green, and peaceful: Strategic Lawsuits Against Public Participation (SLAPP).

Energy Transfer wants to push organizations like Greenpeace into bankruptcy and, ultimately, silence spread

Like all SLAPPs, Energy Transfer’s requirements were an attempt to bury social organizations and activists in legal costs, push them into bankruptcy, and ultimately silence them. It suppresses freedom of speech and limits the power of the people. But we won’t make it easy: they won’t shut us down,» said Eva Saldaña, Executive Director of Greenpeace Spain.

«The pending $300 million lawsuit against Greenpeace International by Energy Transfer, simply for signing an open letter with over 500 people, is one of the most blatant SLAPPs in the world. This is a good case to test the new EU anti-SLAPP Directive. If we win, it will send a message to corporate bullies that the era of impunity is coming to an end. This would be a boost for civil society in the EU and aim to provide solutions for those struggling with the Horn phenomenon elsewhere,» explains Daniel Simons, the lead legal counsel at Greenpeace International.

Since 2017, the offices of Greenpeace International and Greenpeace have been targeted by blatant Energy Transfer requirements, filed after the 2016 Native protests against their Dakota Access pipeline, which the Company States have been orchestrated by Greenpeace.

The first Energy Transfer request appeared in a federal court under the RICO law (Racketeer Influenced and Corrupt Organizations Act), a federal law in the United States designed to prosecute mafia activity.

The case was dismissed, and the judge declared the evidence is «very insufficient» to establish a RICO enterprise. The company quickly filed a new case recycling similar arguments in a state court in North Dakota, now packaged as defamation, conspiracy, and other dissatisfaction requirements.

The jury trial is set to begin on February 24. North Dakota does not have anti-SLAPP legislation, and Greenpeace defendants would not recover all costs after a victory, an issue the current request aims to address for Greenpeace International.

In the words of Emma Bergmans, member of the case management committee and lead policy and advocate counsel for Unlimited Free Press: «This case is a crucial step in the fight against SLAPP. For too long, powerful corporations have used abusive requirements to silence criticism and leave civil society organizations without resources. When you invoke the EU anti-SLAPP Directive, Greenpeace International not only defends itself but also sets a precedent that could protect activists, journalists, and advocates worldwide. A victory in this case would send a strong signal: SLAPP will not go unpunished, and those who use the legal system as a weapon to suppress dissent will have to achieve it.»

EU Anti-SLAPP Directive

Based in the Netherlands, Greenpeace International cites Dutch legislation on dissatisfaction and abuse of rights, as well as Chapter V of the EU Directive, adopted in 2024, which Protects EU-based organizations against SLAPP outside the EU and gives them the right to redress.

The directive, along with current Dutch legislation, paves the way for GPI to take legal action against three entities of the energy business group, especially LP Transfer LP, LP Energy Transfer, and Dakota Access LLC, for the damages they suffered and continue to suffer as a result of the SLAPP requirements and related actions in USA.

Greenpeace International sent Energy Transfer a liability notice in July 2024, calling on them to withdraw their request in North Dakota and pay damages or face legal action. Energy Transfer refused to do so.

The EU Anti-SLAPP Directive comes into force amidst the misuse of legal systems by the fossil fuel industry to attack environmental watchdogs and any criticism, as part of a broader trend of increasing SLAPP.

A report to the Coalition Against SLAPP in Europe (CASE) document 1,049 SLAPP requests in Europe in the period 2010-2023 with 166 applications initiated in 2023.

Major companies like Shell, Total, and Eni have also filed SLAPP against Greenpeace offices in recent years, and the attempts by Shell and Total have come to naught.