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North Dakota Judge Cuts Greenpeace Damages to $345 Million in Dakota Access Case

The reduction sets up appeals by both sides with final judgment still pending.

FILE - Greenpeace representatives talk with reporters outside the Morton County Courthouse March 19, 2025, in Mandan, N.D. From left are Greenpeace USA Interim Executive Director Sushma Raman, Greenpeace USA Senior Legal Adviser Deepa Padmanabha, Greenpeace International General Counsel Kristin Casper, Greenpeace USA attorney Everett Jack Jr., Greenpeace Fund Inc. attorney Matt Kelly and Greenpeace USA Associate General Counsel Jay Meisel. (AP Photo/Jack Dura, File)
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Overview

  • The order trims a prior $666.9 million jury award to about $345 million in Energy Transfer’s suit over the 2016–2017 Dakota Access Pipeline protests.
  • Judge James Gion found portions of the jury’s damages duplicative or lacking legal basis and applied punitive-damages caps, narrowing the total significantly.
  • The revised breakdown includes roughly $50 million for defamation, $3.5 million for conspiracy, about $143 million for interference with business, and about $149 million for on-the-ground harms such as trespass and nuisance.
  • The judge eliminated certain trespass and property-seizure awards but left substantial nuisance and trespass damages intact, and he ruled punitive damages cannot be assessed for defamation.
  • Energy Transfer says it will ask the North Dakota Supreme Court to restore some damages, while Greenpeace plans to seek a new trial and to appeal if necessary; related litigation in the Netherlands continues.