Mandan area residents will not see a repeat of the massive civil trial between pipeline developer Energy Transfer and environmental group Greenpeace in Morton County district court. As North Dakota Monitor reported, Southwest Judicial District Judge James Gion on Monday denied a motion from Greenpeace seeking a new trial following a multi-million dollar judgment against the organization.
Greenpeace announced Monday it will move forward with an appeal to the North Dakota Supreme Court to address what it characterizes as unresolved legal errors made during the court proceedings.
The initial legal action stems from demonstrations held in 2016 and 2017 against the construction of the Dakota Access Pipeline. In early 2025, a Morton County jury concluded a trial that lasted more than three weeks and featured testimony from law enforcement personnel, Indigenous activists, corporate representatives, and current and former employees of Greenpeace. The jury initially found Greenpeace at fault for encouraging unlawful actions during the protests and for releasing untrue statements that damaged Energy Transfer's public reputation, directing the group to pay approximately $667 million.
Following that verdict, Judge Gion reduced the financial award to $345 million. The lawsuit specifically names three distinct legal entities within the organization: Greenpeace USA, Greenpeace International, and the Greenpeace Fund.
In its request for a second trial, attorneys representing Greenpeace argued that the initial trial was fundamentally unfair. The environmental organization claimed that Energy Transfer was permitted to introduce inaccurate and irrelevant evidence to jurors. Greenpeace also contended that the formal verdict form and the specific instructions provided to the jury contained major errors, arguing that the ultimate conclusion reached by the jury went directly against the credible evidence presented in the courtroom.
Defense attorneys also pointed to potential jury pool bias within Morton County as a central reason for requesting a new trial. Greenpeace noted that many residents living in the area retain negative memories surrounding the pipeline protests and highlighted that the local economy remains deeply dependent on the broader energy sector. The organization also cited pro-energy industry media and informational mailers distributed throughout Bismarck and Mandan prior to the trial as potential sources of local bias. Greenpeace had requested that any secondary trial be relocated to Cass County.
Judge Gion rejected those claims in his written ruling, stating that he did not find the arguments presented by Greenpeace persuasive. The judge emphasized that every individual juror seated for the trial had pledged under oath that they could render an impartial decision. Furthermore, Gion expressed concern about the burden a repeat trial would place on the legal system in Fargo, noting that holding a secondary trial in Cass County could create years of delay for other pending court cases.
Addressing the legal errors alleged by Greenpeace, Gion stated in his order that those specific claims would be best evaluated and resolved through the state appellate process rather than in district court. Greenpeace had previously sought to transfer the original trial to Cass County before it began, but both Gion and the North Dakota Supreme Court denied that pre-trial request.
Energy Transfer defended the original jury verdict in a statement issued Monday, asserting that the court order denying a second trial confirms the findings of the local jury that Greenpeace must be held accountable for the harm caused.
The domestic legal fight has also sparked international proceedings. Greenpeace International previously launched a separate lawsuit in the Netherlands, alleging that Energy Transfer was misusing the United States court system against environmental advocates. However, following a decision from the North Dakota Supreme Court in May, Judge Gion issued an order in August directing Greenpeace International to withdraw any claims in the Dutch court asserting that the North Dakota case lacked legal merit. That order also forbids Greenpeace International from pursuing any financial compensation overseas aimed at offsetting the Morton County monetary judgment.
