Major Environmental Groups Announce Support for Independent Trial Monitors in SLAPP Case Targeting Greenpeace

North Dakota case raises major legal concerns regarding Indigenous rights, First Amendment, and free speech protections

MANDAN, ND - Thirteen leading environmental and human rights organizations signed a letter of solidarity with the independent trial monitoring committee observing the Energy Transfer v. Greenpeace SLAPP harassment proceedings, which began on February 24th in North Dakota. The trial, which raises major legal concerns regarding the right to protest, is expected to last until the end of March.

The groups signing the letter include Amazon Watch, Rainforest Action Network, Oil and Gas Action Network, and Sunrise Movement. They cited their commitments to “protecting free speech, Indigenous sovereignty, and the right to protest” in affirming the work of the trial monitors. Close to 350,000 individuals and 400 organizations have already signed a letter of direct support for Greenpeace in its fight to defend its right to free speech and peaceful protest. 

The Trial Monitoring Committee — a group of independent legal experts and human rights observers — has been closely observing the proceedings and has flagged serious concerns that it says undermine Greenpeace’s right to a fair trial. Most jurors in the case have ties to the oil and gas industry and some openly admitted they could not be impartial, although the judge seated them anyway.

The letter stresses the organizations’ steadfast support for the Committee and its “mission to ensure fairness, accountability, and transparency” throughout the trial. 

“By ensuring transparency and public accountability, these monitors play a vital role in documenting any judicial bias, misconduct, or corporate influence over the proceedings. Their presence helps protect fundamental democratic rights, including the right to a fair trial, and prevents the U.S. legal system from being weaponized against those defending the environment and human rights,” the letter states.

The letter notes Energy Transfer, the pipeline giant behind the Dakota Access Pipeline (DAPL), has a “well-documented history of disregarding environmental protections and violating Indigenous rights”, citing the company’s “48 criminal violations of environmental laws in Pennsylvania” in 2022, and accusations that the company contaminated Indigenous communities’ drinking water sources and destroyed their cultural sites.

Standing Rock Sioux Tribal Chairwoman Janet Alkire issued a statement saying, “Energy Transfer is frivolously alleging defamation and seeking money damages, designed to shut down all voice supporting Standing Rock. The case is an attempt to silence our Tribe about the truth of what happened at Standing Rock, and the threat posed by DAPL to our land, our water and our people.”

“In my 30 years as a human rights and environmental justice advocate, I have never seen anything like this case in North Dakota,” said Paul Paz y Miño, Deputy Director of Amazon Watch. “This is a blatant miscarriage of justice that threatens anyone who speaks out against unchecked corporate power, human rights abuses, and environmental destruction. It’s corporate power weaponized through the legal system.

The organizations are asking the judge presiding over the case, Judge James Gion of North Dakota’s Southwest District Court, to dismiss it as an illegitimate and illegal SLAPP (Strategic Lawsuit Against Public Participation) lawsuit. SLAPPs are designed to harass and intimidate the adversary, rather than resolve legitimate legal claims. They violate the First Amendment, but James Gion is letting this case proceed despite vociferous objections from the legal team for Greenpeace.

The groups are also calling on the public, the media, and all defenders of democracy to pay close attention to the case. 

“We urge the courts to uphold the right to dissent without fear of retaliation, and we reaffirm our commitment to standing with frontline communities, Indigenous nations, and environmental defenders who risk everything to protect our shared future,” the letter states.

Dozens of leading news outlets have already posted articles on the trial, including some of the largest newspapers in the U.S. These articles are available at trialmonitors.org/press-coverage. A coalition of these outlets, including The New York Times, The Washington Post, and The Wall Street Journal, appealed to the North Dakota Supreme Court for access to a livestream of the proceedings, but were denied access without explanation.

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