Judge Denies Greenpeace New Trial in Pipeline Case
A North Dakota judge rejected Greenpeace's bid for a second trial in Energy Transfer's Dakota Access Pipeline lawsuit, leaving a $345 million judgment in place.
Updated on Nov. 2, 2026 in Oil and Gas
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Judge James Gion denied Greenpeace's motion for a new trial on November 2, 2025, in Energy Transfer's lawsuit tied to Dakota Access Pipeline protests. Greenpeace says it will appeal the $345 million judgment to the North Dakota Supreme Court.
Why it matters
The ruling keeps a large damages award in place against a national environmental group over 2016 and 2017 protests in North Dakota. Greenpeace's appeal will test whether the original trial was fair and could shape how advocacy groups are held liable for protest-related conduct.
The North Dakota jury's original award of about $667 million was reduced by Judge James Gion to $345 million, the figure that stands after his November 2, 2025 ruling. Greenpeace's appeal to the state Supreme Court will determine whether that reduced judgment is ultimately upheld.
The players
Energy Transfer
A major U.S. pipeline company that built the Dakota Access Pipeline and brought the lawsuit against Greenpeace over the protests.
Greenpeace
An international environmental advocacy organization that opposed the Dakota Access Pipeline and is appealing the judgment against it.
James Gion
The North Dakota judge who presided over the trial, reduced the jury's award, and denied Greenpeace's new-trial motion.
The details
Greenpeace argued the Morton County jury pool was biased in favor of Energy Transfer and suggested Cass County as a venue for a second trial. Gion rejected the request, writing that every juror pledged under oath to decide impartially and that a retrial in Fargo could cause years of delay for other cases. The jury had found Greenpeace at fault for inciting illegal acts during the protests and for publishing false statements.
Timeline
2016-2017: Anti-pipeline protests against Energy Transfer take place in North Dakota.
Early 2025: A Morton County jury awards Energy Transfer about $667 million after a three-week trial.
November 2, 2025: Judge James Gion denies Greenpeace's request for a new trial.
Legal Aftermath
The judgment traces directly to the 2016-2017 Dakota Access Pipeline protests, which produced a long chain of litigation over the pipeline's construction and opposition to it. The appeal now pending before the North Dakota Supreme Court extends that legal history into its next phase.
The ruling leaves a $345 million judgment in place against Greenpeace, a result that could affect how advocacy groups plan protests near energy infrastructure in North Dakota. Residents following pipeline issues in the state should watch the appeal for any change in how liability is assigned.
The takeaway
Protest organizers who take part in demonstrations near infrastructure face potential civil liability, and the outcome of Greenpeace's appeal will clarify how far that exposure extends. Readers tracking the case should follow the North Dakota Supreme Court docket for updates.
What happens next
Greenpeace has said it will appeal the judgment to the North Dakota Supreme Court, though no appellate schedule has been set.
Further reading
For related coverage, see Oil and Gas in North Dakota.
Source note: This article includes information reported by INFORUM.
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