Dakota Access trial won’t be moved, North Dakota justices rule

The North Dakota Supreme Court last week denied a petition by Greenpeace to move its legal battle with Energy Transfer — developer of the Dakota Access pipeline that cuts through Iowa — out of Morton County in that state.

Attorneys for Greenpeace argued that the jury in the lawsuit, which concerns protests over the pipeline, will not be able to deliver a fair verdict since many Morton County residents were directly impacted by the demonstrations. It cited survey data as well as statements made by prospective jurors during the jury selection process.

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The environmental group also raised concerns that jurors may have been targeted with pro-fossil fuel content, including political mailers and advertisements, leading up to the trial. Greenpeace suggested moving the case to North Dakota’s Cass County.

Energy Transfer has said its own survey indicates Morton County residents would not be biased jurors, and that moving to a different court would be cumbersome.

The North Dakota Supreme Court did not explain its reasoning in denying Greenpeace’s petition.

On Wednesday, the North Dakota Supreme Court also denied a request by a group of news outlets, which included the North Dakota Monitor, for expanded access to the trial. The high court did not provide a reason for that denial, either.

The group had asked the Supreme Court to review Southwest Judicial District Judge James Gion’s decision not to allow any photography, video or livestreaming of the trial. While media and other members of the public may attend the trial, they aren’t allowed to use phones or other electronic devices in the courtroom.

In an order denying requests for expanded access, Gion said he was worried about keeping witnesses sequestered as well as the possibility for the harassment of witnesses, jurors, attorneys and court staff.

Media attorney Jack McDonald in the petition asked the court to order Gion to reverse his decision, given the significant public interest in the trial.

In the petition, McDonald cited the North Dakota Constitution, which holds that all courts shall be open, as well as the First and Fourteenth amendments of the U.S. Constitution. McDonald also argued that Gion didn’t sufficiently explain the reasons behind his decision.

A private livestream is being provided to some attorneys for Greenpeace and Energy Transfer.

In the lawsuit, Energy Transfer seeks roughly $300 million from Greenpeace for damages it claims the environmental organization caused in relation to the Dakota Access Pipeline protests. Energy Transfer alleges Greenpeace aided and abetted criminal behavior by protesters, and spread a misinformation campaign about the pipeline project in order to delay its construction and tarnish the company’s relationships with banks. Greenpeace denies all the claims, and says Energy Transfer is unfairly targeting it in an attempt to harm the environmental group and intimidate others activist organizations.

The underground oil pipeline cuts across 18 counties in Iowa on its way to a hub in Illinois.

This article first appeared in the North Dakota Monitor.