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LaDuke: Greenpeace verdict a shameful slap to protesters

A column by Winona LaDuke, an Ojibwe writer and economist on Minnesota’s White Earth Reservation. She also is co-curator of the Giiwedinong Museum in Park Rapids, Minnesota.

Winona LaDuke
Winona LaDuke

"Greenpeace did not manipulate Standing Rock, but Energy Transfer has manipulated Morton County." — Janet Alkire, chairwoman of the Standing Rock Sioux Tribe 

On March 20, a Morton County, North Dakota, jury delivered a judicial bludgeoning of Water Protectors and Indian people.

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The jury ruled against Greenpeace and awarded more than $660 million to Energy Transfer Partners, for defamation, costing the company money, and organizing the protests at Standing Rock in 2016.

This is the largest SLAPP (Strategic Litigation Against Public Participation) suit in North Dakota history. SLAPP suits adversely affect freedom of speech and are generally considered a waste of public resources. Most states (not North Dakota) have banned these types of lawsuits. This suit is intended to shut down allies to Native people and Water Protectors. And it’s intended to shut down Greenpeace.

Energy Transfer’s lawsuit accused Greenpeace of providing resources to encourage Dakota Access Pipeline protesters to commit criminal acts to stop construction of the project

Listening to the verdict in a small courtroom left me sick to my stomach. A little part of me hoped for compassion, some adverse reaction to endless corporate greed, and the recognition of commitment of Native people and their allies to protect the water. Maybe, I thought, someone would care about the river. I was wrong. I also thought that a jury would recognize the truth: That Greenpeace did not orchestrate the Standing Rock resistance. In fact, Native people came for the river and were punished for it.

The entire trial was shameful. The law firm carefully picked Morton County, where denied most motions made by Greenpeace. Four motions to change the venue away from Mandan were denied. Gion would not let Greenpeace tell the jury of Energy Transfer's terrible safety record. Greenpeace was not allowed to tell the jury that a nearly identical case was dismissed by a federal judge court. Gion would not allow livestreaming, so if you wanted to “see justice,” you had to go to Mandan. Justice is blind and asleep in North Dakota.

Standing Rock Tribal

“I take offense to the jury verdict ... We expect more from North Dakota judges and members of the jury from our neighboring communities …Energy Transfer's false and self-serving narrative that Greenpeace manipulated Standing Rock into protesting DAPL is patronizing and disrespectful to our people,” adding, “we understand that many Morton County residents support the oil industry ... But we are your neighbors, and you should not be fooled that easily …”

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Playing a hand

Trey Cox, the lead attorney for Energy Transfer, kept referring to Water Protectors as outsiders, aka paid protesters. One might wonder where Energy Transfer is from. They are from Texas. Where was TigerSwan (the private security company that set dogs on Water protectors ) from? North Carolina. We weren’t paid as protesters, but TigerSwan brought paid mercenaries. And the assertion that we weren’t organized until Greenpeace came? Well, we weren’t very organized, actually, and we all did our best as we gathered. I was there and I never saw Greenpeace.

Cox asked more than once if a Greenpeace staff member had ever tried to talk to Energy Transfer or, as Alkire calls them, “the poor oil company.” The truth is, it was clear what the corporate feelings were. They didn’t talk with words; they talked with bulldozers.

For all those North Dakota farmers who think that a new carbon sequestration pipeline is dangerous, and a corporation shouldn’t get your land … your Morton County jury will likely think that you are more dangerous. Beware of Energy Transfer’s tactics in this case, you all are the next Indians.

Yes, there will be appeals. But what’s so sad is that the North Dakota jury couldn’t even stand up for the water, the land and the people. Instead, that jury gave a Texas oil pipeline company everything it wanted and then some.

Ziigwan-Spring. The snow geese returned. We’weg bi-azhe giiwewag, they come home. This spring, they return, in good numbers, to what we have left them. The prairie dwindles, but still the geese find a place. The river is still here as well- Mni Wiconi, and if you close your eyes after looking at the majestic panorama of this territory, you can see buffalo. This was once such a land of bounty, the largest migratory herd in the world would thunder across the lands, hooves vibrating the waters below. The skies darkened with millions of birds in the central flyway. You could drink the water from every stream and river. That’s when America was great, really.

Despite all that has happened, we know the truth. This territory, known as North Dakota, is a beauty to behold. And I believe she is worth fighting for.

Opinion by Winona LaDuke
Winona LaDuke is an Ojibwe writer and economist on Minnesota’s White Earth Reservation. She also is co-curator of the Giiwedinong Museum in Park Rapids, Minnesota, and a regular contributor to Forum News Service.
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