ETP Sues Greenpeace, Red Warrior Camp
Indian Country Today
Energy Transfer Partners (ETP), the firm that hired a militant mercenary firm to push back against those opposed to the Dakota Access Pipeline (DAPL), is now using Donald Trumpās lawyer to levy racketeering charges against Greenpeace, the Red Warrior Camp and other groups for their resistance, calling it āeco-terrorism.ā
The suit, filed in U.S. District Court on August 22 in U.S. District Court in North Dakota, also references the environmental law firm Earthjustice, which is representing the Standing Rock Sioux Tribe in court against ETP, and some Earthjustice employees. It is seeking $300 million in damages.
āRepresenting the Standing Rock Sioux Tribe in their laudable effort to protect their water and sacred lands from the Dakota Access Pipeline is one of Earthjusticeās proudest moments,ā said the law firmās president, Trip Van Noppen, in a statement. āThe Standing Rock Sioux are the true leaders of what became a massive movement. Earthjusticeās role has been to ensure that the legitimate claims and rights of the Tribe were heard in a court of law.ā
ETP had a different take on the events of August 2016 through February 2017, during which it hired counter-terrorism firm TigerSwan to work with North Dakota authorities and police from several other states to mount a military-style offense against the unarmed water protectors complete with water cannons in freezing temperatures, rubber bullets and concussion grenades.
āThis group of co-conspirators manufactured and disseminated materially false and misleading information about Energy Transfer and the Dakota Access Pipeline for the purpose of fraudulently inducing donations, interfering with pipeline construction activities and damaging Energy Transferās critical business and financial relationships,ā the conglomerate claimed in a statement announcing the suit, adding that these alleged co-conspirators āincited, funded and facilitated crimes and acts of terrorism to further these objectives.ā
The suit goes on to accuse the defendants of racketeering, defamation and ātortious interference under North Dakota law.ā But ETP didnāt stop there. NoDAPL āis comprised of rogue environmental groups and militant individuals who employ a pattern of criminal activity and a campaign of misinformation for purposes of increasing donations and advancing their political or business agendas,ā the statement said, characterizing the water protectorsā activity as āa misinformation campaign that aggressively targeted Energy Transferās critical business relationships, including the financing sources for DAPL and Energy Transferās other infrastructure projects, by publicly demanding these financial institutions sever ties with Energy Transfer or face crippling boycotts and other illegal attacks.ā
Further, according to Desmogblog, ETPās attorney is Michael J. Bowe from Kasowitz, Benson & Torres LLP, known for representing Trump in the investigation into potential collusion with Russia during his 2016 Presidential campaign.
Greenpeace USA General Counsel Tom Wetterer called the lawsuit āmeritlessā and noted that this is the second time ETP has accused the international environmental group of racketeering under the Racketeer Influenced and Corrupt Organizations Act (RICO), usually reserved for mobsters.
āThey are apparently trying to market themselves as corporate mercenaries willing to abuse the legal system to silence legitimate advocacy work,ā Wetterer said. āThis complaint repackages spurious allegations and legal claims made against Greenpeace by the Kasowitz firm on behalf of Resolute Forest Products in a lawsuit filed in May 2016. It is yet another classic āStrategic Lawsuit Against Public Participationā (SLAPP), not designed to seek justice, but to silence free speech through expensive, time-consuming litigation. This has now become a pattern of harassment by corporate bullies, with Trumpās attorneys leading the way.ā
ETP countered that in response to the suit, Greenpeace had criticized the attorneys rather than admit to fabricating statements.
āNo one reading Energy Transferās detailed 180-plus page complaint would think it is a SLAPP suit,ā said Bowe in a follow-up statement. āOur laws hold accountable those who intentionally make demonstrably false statements, and there is no special exception for Greenpeace.ā
Various media outlets have documented ETPās fast and loose treatment of the facts during the conflict, which started with dogs last September and ended in the dead of winter earlier this year with police descending on what was left of the water protector camps. The constant surveillance extended past the campsā dissolution, the investigative site The Intercept found, to other pipeline protests and civic activity across the U.S. TigerSwan, the firm hired by ETP, did not respond to ICMNās requests for comment.