Dark money from Energy Transfer influences potential jurors in Greenpeace trial

In the United States, specifically North Dakota, a significant legal battle is unfolding involving Energy Transfer, the company behind the Dakota Access Pipeline, and Greenpeace, the environmental advocacy group. Energy Transfer has initiated a $300 million lawsuit against Greenpeace, accusing the organization of unlawfully orchestrating protests against the pipeline during 2016 and 2017. These protests, which took place near the Standing Rock Sioux Indian Reservation, saw hundreds of individuals arrested, including activists and Indigenous protectors advocating for the protection of their water resources. The case, garnering considerable public attention, has raised concerns regarding the influence on potential jurors, especially following the distribution of a mailer to Morton County residents containing negative portrayals of the earlier protests alongside positive mentions of Energy Transfer's contributions to the local community. Notably, Kelcy Warren, the CEO of Energy Transfer, made a sizable political donation to a super PAC just before these mailers were sent, further intensifying suspicions regarding the motives behind this outreach. Greenpeace's legal team is pushing for further investigation into the funding behind the “Central ND News” publication, which has been alleged to have connections with Energy Transfer. They argue that the timing of this publication, which began distributing stories that criticized the Dakota Access protests, coincides suspiciously with Warren's donation, thereby hinting at improper influence intended to sway potential jurors in favor of the company. The messaging in the mailed publication, which also included articles from a series titled “On This Date in 2016,” appears to aim at reminding the local population of the tumultuous events of the past and possibly affecting public sentiment concerning the trial. This incident reflects a broader legal strategy sometimes termed a Strategic Lawsuit Against Public Participation (SLAPP). Such lawsuits are often viewed as a means for powerful corporations to quash dissenting voices and disrupt the efforts of environmental organizations and activists. In light of these accusations, Greenpeace has indicated its intent to subpoena information from the printing company responsible for the mailers, FMC Printing. They seek to ascertain how the decision to target Morton County residents was made and who was ultimately responsible for this campaign, emphasizing the urgency of clarifying the potential impact of these communications on the trial. As the legal proceedings intensify, the Supreme Court of Minnesota is also reviewing Energy Transfer’s attempts to compel journalists who documented the Standing Rock protests to provide unpublished materials. This strategy has been criticized as an infringement on press freedom and an attempt to undermine the public's right to know regarding corporate actions that may negatively affect communities and the environment. The historical context of Energy Transfer's actions, coupled with their current lawsuit against Greenpeace, has ignited discussions about corporate accountability, the intricacies of environmental advocacy, and the ramifications of political influence in legal settings.