Developers of the Dakota Access oil pipeline are suing environmental groups for obstruction, disseminating false information and damaging the company’s reputation and finances, charges that the environmentalists say violate their free speech rights. The Texas company Energy Transfer Partners is suing Greenpeace, BankTrack and Earth First. BankTrack issued this statement, “BankTrack considers the lawsuit an attempt … to silence civil society organizations, and to curb their crucial role in helping to foster business conduct globally that protects the environment, recognizes the rights and interests of all stakeholders, and respects human rights.” (Fox News, August 24, 2017, by Blake Nicholson of the Associated Press)
The suit filed in North Dakota federal court asks for $1 billion in damages. Greenpeace said the lawsuit was “an attack on our democratic principles,” an attempt to silence opposition and criminalize advocacy work and without legal merit. (New York Daily News, August 24, 2017, by Ariel Scotti)
Energy Transfer Partners is using RICO, a federal racketeering law, arguing that Greenpeace and the other groups circulated lies that the pipeline was built on tribal land without permission and fomented violence and destruction of property. Greenpeace has a viable defense in claiming the lawsuit is really defamation not RICO and that First Amendment rights trump the defamation claim. (Bloomberg Businessweek, August 28, 2017, by Paul Barrett)