SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
enbridge
Big Oil Is Abusing the Law to Silence Water Protectors; It Won’t Succeed
What to do? Stand our ground. Make the solutions. And keep working together.
Apr 21, 2025
This story was originally published by Barn Raiser, your independent source for rural and small town news.
The preamble for the next war over water is here. Aggressive corporations are coming after the few remaining pristine places on Mother Earth—mainly on the land of Indigenous people. Nowadays, it’s not just Native people being targeted, it’s our allies.
Last month, two separate court decisions highlighted the repression being leveled on our Water Protector allies.
On March 19, a jury in Mandan, North Dakota, in Morton County, leveled a blistering $660 million verdict against Greenpeace for its part in the Standing Rock resistance against the Dakota Access Pipeline (DAPL). Anyone who was at Standing Rock knows that Greenpeace was barely there, but they have a name, and Energy Transfer, the pipeline’s owner, made an example out of them. I was in the courtroom when the verdict came in. It was sickening.
When Energy Transfer sues people for so-called defamation, they send a clear message: If you stand up, you will be punished in a lawsuit.
On March 10, Marian Moore, a Water Protector who had participated at a gathering to pray for healing, had her charges reversed by a Minnesota Court of Appeals. Her story: Marian, 67, a long-human rights advocate and environmentalist, was the daughter of Paul Moore Jr., the Episcopal bishop of New York from 1972 to 1989 who had walked with Martin Luther King Jr. during the civil rights movement. In this century, Marian had been active in opposing Enbridge’s Line 3 pipeline, which crosses northern Minnesota, on its way from Calgary, Alberta, to Superior, Wisconsin, on lands that are subject to Native treaty rights and through waters full of wild rice, an essential food to the Anishinaabe.
On January 9, 2021, Moore was among the more than 100 Water Protectors who gathered on state Highway 169 for a prayer ceremony near a Line 3 construction site in Aitkin County. For that, she caught three charges, including trespass on critical infrastructure (a gross misdemeanor), unlawful assembly and, rather redundantly, presence at an unlawful assembly (both misdemeanors). I was a witness in her defense.
In November, 2023, an Aitkin County jury found her guilty of gross misdemeanors and sentenced her to six months in county jail, but with a stay of execution for nine months, allowing her to appeal. “I had to not trespass on any Enbridge property and be law-abiding, or I would be in Aitkin County jail for six months,” she explains to me.
Six months seems like a long time for someone who stood on a state highway to pray, looked at a construction site, and left once a dispersal order was given. “I think they targeted me because I was friends with Indigenous people and [was] bringing money to the movement against the pipeline,” says Marian.
Meanwhile out in Morton County, Greenpeace is getting socked with that ridiculous verdict. $660 million is a lot of money for some folks who were barely at Standing Rock. Aitkin County, Minnesota, and Morton County, North Dakota, are trying to teach a lesson; or, more appropriately, through these cases, corporations are trying to stifle resistance and discourage allies.
How Does This happen?
Welcome to the New Order, the one where corporations are now considered legal “persons,” protected by law enforcement and the judicial system as they press the law’s boundaries and extract precious resources.
The entire trial against Greenpeace was shameful.
Here’s how it went: The law firm Gibson Dunn carefully picked Mandan in Morton County, an oil-friendly jurisdiction where Judge James Gion denied most important motions made by Greenpeace. Four motions to change the venue from Mandan were denied. Gion would not let Greenpeace tell the jury of Energy Transfer’s terrible safety record. According to a report by Greenpeace and Waterkeeper Alliance, the Pipeline Hazardous and Materials Safety Administration (PHMSA) issued 106 safety violations to Energy Transfer and Sunoco between 2002 and 2018, including failures to conduct corrosion inspections, to maintain pipeline integrity, and to repair unsafe pipelines in a timely manner within five years.
What’s so sad is that the North Dakota jury couldn’t even stand up for the water, the land, and the people.
Greenpeace was not allowed to tell the jury that Energy Transfer’s identical federal lawsuit against Greenpeace was dismissed by a federal judge. The judge effectively limited defense evidence.
Gion would not allow live streaming, so if you wanted to “see justice” you had to go to Mandan. It’s said that justice is blind, and, in North Dakota, justice is literally blind and asleep. I saw jurors asleep while on duty in the court room.
“Greenpeace did not manipulate Standing Rock, but Energy Transfer has manipulated Morton County,” Janet Alkire, chairwoman of the Standing Rock Sioux Tribe, said in a statement shortly after the verdict.
As I drove toward Bismark from my own reservation, White Earth, a verse from the Rolling Stones’ “You Can’t Always Get What You Want” stuck in my head: I went down to the County Courthouse to get my share of abuse. At least that’s how I sing it. I’ve had my share. That’s what it’s like being on trial in the Deep North, especially if you’re a Water Protector.
The chances for a Native person to get justice in North Dakota or northern Minnesota are probably pretty small. Native people represent a third of the people in jail in Becker, Hubbard, and Aitkin counties. Yet, we represent only 5.2% of the population.
Standing Rock Tribal Chairwoman Alkire was appalled at the state of justice in Mandan:
I take offense to the jury verdict… We expect more from North Dakota judges and members of the jury from our neighboring communities… Neither Greenpeace nor anyone else paid or persuaded Standing Rock to oppose DAPL… Energy Transfer’s false and self-serving narrative that Greenpeace manipulated Standing Rock into protesting DAPL is patronizing and disrespectful to our people. We understand that many Morton County residents support the oil industry… But we are your neighbors, and you should not be fooled that easily.
The lawsuit against Greenpeace is called a SLAPP suit, or Strategic Litigation against Public Participation. It is intended to silence opposition. There are anti-SLAPP laws in 35 states, including Minnesota. Fundamentally, this is a question of free speech. When Energy Transfer sues people for so-called defamation, they send a clear message: If you stand up, you will be punished in a lawsuit.
“To me, this is a freedom of speech case and freedom of association case,” attorney Sarah Vogel, a onetime assistant U.S. attorney and former North Dakota agriculture commissioner, told the North Dakota Monitor before the case went to trial. Vogel, who grew up in Mandan, said, “As residents of a small state without a whole lot of power, we’d better be able to speak up. Who knows? I mean, this time, it’s Greenpeace, but who will it be next time?”
The case in Aitkin County was a little different but had some of the same premises. The idea that “outside agitators” came and did not do nice things was a theme. Greenpeace fits that narrative for Energy Transfer, and Marian Moore, who is a striking six feet two inches tall, does not quite look like a local gal.
Trey Cox is Energy Transfer’s lead attorney from Gibson Dunn (the same law firm that brought us the Chevron Donziger verdict). Cox kept referring to Water Protectors as outsiders and paid protesters. One might wonder, where Energy Transfer is from? Certainly not from Mandan. They are from Texas. Where was TigerSwan, the private security company hired by Energy Transfer from? North Carolina. And where was Frost Kennels, the company whose employees unleashed dogs on Water Protectors, from? Ohio. In other words, mercenaries.
In Minnesota, remember that Enbridge is a foreign corporation from Canada, with big swaths of pipeline networks across our north country, including aging pipes and the dirtiest oil in the world that poses a major threat to the Great Lakes, repository of a fifth of the world’s freshwater. Yet, Enbridge received priority policy protection in Minnesota during the Covid-19 pandemic and was allowed to bring in 4,300 people to build Line 3 as a part of “essential industry” in the state.
These companies also want to censure and erase any mentions of their abysmal safety records. Energy Transfer has a multitude of fines for spills, and Enbridge has the two largest oil spills on the U.S. mainland to its name. In the North Dakota trial, Greenpeace could not bring up Energy Transfer’s safety record, while in Aitkin County, the judge did not allow Marian Moore to say “treaty rights” or allude to the Minnesota case where Anishinaabe Water Protectors’ charges were dismissed in September 2023, based on the treaty and cultural beliefs, and “in the interests of justice.”
The Pipeline to Curtail First Amendment Rights
The Trump administration intends to further criminalize Water Protectors, and certainly protests in general. That much is clear. This is on top of the more than 300 anti-protest bills introduced in state legislatures since 2017, according to the International Center for Not-for-Profit Law, 54 of which have been enacted and currently undermine the First Amendment right to freedom of speech and assembly.
Moreover, over the past half-century, a dangerous doctrine of “qualified immunity” has been hatched up, underwritten by the Supreme Court, to limit the ability of individuals to hold police officers accountable for violating their constitutional rights. Qualified immunity basically gives officers expanding impunity to injure, or even kill, civilians like Water Protectors.
In April 2024, North Dakota Federal Judge Daniel Traynor dismissed Sophia Wilansky’s case against North Dakota law enforcement on the grounds that law enforcement had “qualified immunity.”
Greenpeace was inspired by a story called the Rainbow Warrior, where people of all colors would come together to protect Mother Earth.
A blast from an “explosive munition” was leveled at her in the early hours of November 21, 2016. Law enforcement had constructed a barricade across Backwater Bridge on North Dakota Highway 1806 to prevent unarmed Water Protectors, including Wilansky, from using the road. Morton County Deputy Jonathon Moll, had positioned himself on the turret of a Humvee and fired a flashbang grenade from his 12-gauge shotgun, hitting Wilansky, nearly severing her hand and destroying almost all of the arteries, skin, tissue, muscles, nerves, tendons, and bone in her left forearm. “At 21-years-old, I lost the use of my arm because a police officer shot me from a gun turret with an exploding grenade at a protest. My life will never be the same, but I will also not be scared away from fighting for what is right,” Wilansky said in a Civil Liberties Defense Center media release on April 6, 2024. An additional statement read: “The doctrine of Qualified Immunity is repulsive in that it allows police officers to… shoot protestors with anything they want without repercussions.”
Yes, there will be appeals. Marian Moore won on appeal. And a Greenpeace spokesperson told Barn Raiser the nonprofit will appeal the verdict, but the timing and process of the appeal has yet to be determined.
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, founded by Trump-supporting billionaire Kelcy Warren, everything it wanted and then some. That was shameful. And, without that appeals court, an Aitkin County jury would have been content to let Marian Moore sit in the slammer.
Marty Garbus is a trial attorney who has represented, among others, Nelson Mandela, Leonard Peltier, Daniel Ellsberg, Lenny Bruce, Elie Wiesel, Cesar Chavez, and Vaclav Havel. Garbus is also a member of the Energy Transfer v. Greenpeace Trial Monitoring Committee, a group that followed the trial day in and day out. Here is what he said when the jury returned its shameful verdict:
In my six decades of legal practice, I have never witnessed a trial as unfair as the one against Greenpeace that just ended in the courts of North Dakota. This is one of the most important cases in American history. The law that can come down in this case can affect any demonstration, religious or political. It’s far bigger than the environmental movement. Yet the court in North Dakota abdicated its sacred duty to conduct a fair and public trial and instead let Energy Transfer run roughshod over the rule of law.
Greenpeace has very strong case on appeal. I believe there is a good chance it ultimately will win both in court and in the court of public opinion.
What to do? Stand our ground. Make the solutions. And keep working together.
In Minnesota, we call ourselves the Home Team, and we are many colors. Marion and thousands of others told their stories and faced a lot of police for the sake of protecting water. I, for one, am grateful to them, and the new work underway by groups like Rise and Repair in Minnesota that does multi-racial organizing work around climate justice.
Weweg bi azhe giiwewag. The snow geese return.
There is greatness in the flocks of birds returning to these lands of water. Each year, they return and remind us of the life that is here, a life which needs water. I am reminded that’s who I work for. Greenpeace was inspired by a story called the Rainbow Warrior, where people of all colors would come together to protect Mother Earth. Critics say the story wasn’t a real prophecy, but I see it happening today. People of all colors coming together to protect Mother Earth is a good story for epic times. Thank you, allies.
Keep ReadingShow Less
If Harris Wants to Win Over Young Voters in Swing States, She’ll Say No to Line 5
America’s most dangerous crude oil pipeline threatens the future of the Great Lakes. That’s why young voters want it shut down.
Nov 01, 2024
Picture this: shimmery sunlight dancing on water. Deep blue crests over seafoam green before dissipating as waves meet the shore. The Chicago skyline gazes from a distance.
Running along Lake Michigan is one of my favorite pastimes at Northwestern University. We pride ourselves on having not one, but two beaches on campus that showcase the lake. The body of water is so wide it feels more like an ocean. The sound of the waves crashing onto the sand reminds me of the beaches back home in the San Francisco Bay Area.
But in the heart of the Great Lakes—where Lake Michigan meets Lake Huron—America’s most dangerous crude oil pipeline threatens 700 miles of coastline and our climate future.
By incorporating pipeline shutdowns in her climate platform, Harris can send a clear message that our future doesn’t rely on fossil fuels and that people can raise their families and thrive in the Great Lakes region.
Growing up in the Bay Area showed me that addressing the climate crisis is my generation’s mission. When I was a junior in high school in 2020, California experienced the worst wildfire in state history. Orange haze blanketed everything. With the air quality index skyrocketing, I did not dare go outside. Friends had to evacuate their homes, and a teacher of mine saw their house burn down. I knew I wanted a career focused on the environment when I realized our wildfires would grow worse every year without action.
Coming here for college, I was excited to explore a new part of the country and catch a break from the wildfire season. People tout the Midwest as a haven from the climate crisis, but environmental issues are aplenty here as well.
As the presidential election date gets closer with states in the Midwest crucial for the Harris-Walz ticket to pick up, looming threats to our Great Lakes should gain wider attention, all because of North America’s most dangerous fossil fuel pipeline. The Great Lakes hold one-fifth of the world’s available fresh water supply, but under it lurks an oil pipeline called Line 5, operated by Canadian oil corporation Enbridge, which could ruin millions of people’s drinking water, mar Lake Michigan’s beauty, and devastate our communities.
Right in the heart of the Great Lakes, the Line 5 oil pipeline is accelerating our climate crisis as we speak. Seventy-one years ago, Enbridge built Line 5 right through Michigan and Wisconsin and in some of the most sensitive areas in the Great Lakes as a shortcut to reach Ontario, Canada. A spill from Line 5 could reach the Lake Michigan shoreline where myself and hundreds of thousands of people live and walk by everyday.
Enbridge has a sordid history when it comes to pipeline infrastructure. They are responsible for one of the largest inland oil spills in United States history from another pipeline they operate in Michigan. They didn’t shut the valve for 17 hours, and remediation efforts took five years. A similar spill from Line 5 would significantly threaten the Great Lakes and the people who call this region home. When burned, the oil in Line 5 contributes more greenhouse gas emissions than the three most polluting coal-fired power plants in the country combined
With a major election this year, young voters across Michigan, Wisconsin, Illinois, and Minnesota will be a crucial voting bloc. For many of us—myself included—it’s going to be our first time voting in a presidential election. Taking action for the environment is at the forefront of my generation’s concerns, which means that delivering a tangible victory to protect our climate and Great Lakes is absolutely necessary. Enbridge’s Line 5 must be shut down and decommissioned. While a Harris-Walz administration can deliver by making this action happen, U.S. President Joe Biden can do so now by revoking this outdated pipeline’s permit.
The Great Lakes aren’t just the source of drinking water for over 40 million people. They’re our identity, creating a major reason why many of us live in the Midwest to begin with. When governments are putting more energy toward keeping fossil fuel pipelines in the Great Lakes than preserving the water we drink from, swim in, and fish from, it gives the impression that our natural resources aren’t worth saving. We cannot afford to be complacent in a time of crisis, and we must do better.
Indigenous Tribes, environmental groups, small businesses, and local residents across the Great Lakes have been fighting Enbridge’s Line 5 for over a decade because of the severe risks it poses to our air, land, water, and health. Enbridge has been operating illegally in Michigan since Gov. Gretchen Whitmer took action to stop the pipeline in 2020. And since 2012, Enbridge has been trespassing on the Bad River Band’s reservation in Wisconsin.
People are taking action against Line 5 by signing petitions, attending rallies in the U.S. and Canada, writing to their legislators, and emailing administration officials like U.S. Secretary of Transportation Pete Buttigieg for a shutdown. Volunteers have organized local businesses, faith communities, and Native Nations to attend teach-ins and community events and share information on Line 5’s dangers.
With Vice President Kamala Harris at the top of the ticket now, shutting down Line 5 should be a key issue in her policy platform. Gov. Whitmer won reelection handily after calling for a shutdown order, which shows that moving away from fossil fuels and decommissioning unsafe pipelines can be a winning electoral issue. Prioritizing a Line 5 shutdown could show that Harris can be one of the most pro-environment presidents in American history—her track record from California and her time in the Senate suggests that she prioritizes environmental policies like this. Shutting down the pipeline can set the stage for a new climate champion government.
A Line 5 shutdown is an achievable, easy win with real advantages. If climate is on the agenda for young voters in key Midwest states, Line 5 should be on the list of the vice president’s campaign priorities. By incorporating pipeline shutdowns in her climate platform, Harris can send a clear message that our future doesn’t rely on fossil fuels and that people can raise their families and thrive in the Great Lakes region. Young voters from the Midwest, like me, are firmly uniting behind one key message: Shut down Line 5.
Keep ReadingShow Less
Line 5 Poses Catastrophic Risks—It’s Past Time President Biden Shut It Down
The president has a choice: side with local leaders working to protect their water and communities or side with a foreign company looking to increase their profits.
Jan 10, 2024
Any day now, the Biden administration could weigh in on the future of the most dangerous, outdated, and unnecessary oil pipeline in the country. We don’t need to wait for a lengthy legal process to play out while this ticking time bomb puts us at risk. President Biden can decommission and shut down Line 5, an aging oil pipeline running through the Great Lakes, by revoking its presidential permit before it’s too late.
Line 5 is owned by the Canadian company Enbridge, the biggest of Big Oil transporters. As a shortcut to get its oil to a Canadian refinery in Sarnia, Ontario—which receives 95% of the product—Line 5 cuts through Wisconsin and Michigan. While the Canadian government has protected the oil industry and Enbridge, the Biden Administration has the opportunity to side with the people of Michigan and Wisconsin instead of Big Oil.
Along its 645-mile route, Line 5 has failed 33 times already, spilling at least 1.1 million gallons of oil since 1968. Despite the risks and Enbridge’s historic failures as a pipeline operator, the Biden Administration, under pressure from Canada, has been silent on Line 5’s future. The pipeline continues to illegally operate through the Bad River Band's land in northern Wisconsin and the Straits of Mackinac in Michigan.
Line 5 is dubious engineering and a bad investment for Michigan and Wisconsin, built across the most vulnerable site for an oil spill in the entire Great Lakes watershed.
Canada’s government is lobbying the Biden Administration to keep the aging Line 5 operational, but local leaders have long called for it to be shut down. Michigan Attorney General Dana Nessel filed a lawsuit to shut Line 5 down because it runs through the Straits of Mackinac, threatening the world’s greatest freshwater source. Meanwhile, a federal judge in Wisconsin sided with the Bad River Band and ordered the pipeline off tribal lands where Line 5 trespasses through a sensitive tribal watershed. President Biden has a choice: side with local leaders working to protect their water and communities or side with a foreign company looking to increase their profits.
Communities and leaders are calling for Line 5 to be shut down, which can be done without raising prices at the pump. Rather than respect the law, Enbridge has proposed work around schemes that would continue to put communities at risk.
The Bad River Band tribe has demanded that Line 5 get off their land and out of their watershed—yet the pipeline remains upstream and still puts the tribe at risk. Instead of complying with the tribe’s demand, Enbridge proposes building a reroute that skirts the entire reservation. While the reroute would no longer cross through tribal land, it would be located upstream of the reservation, keeping the Tribal Community in harm’s way of future spills.
Enbridge has proposed the Great Lakes Tunnel Project to house the new Line 5 pipeline. It would be a concrete tunnel, 21 feet in diameter, that runs under the Straits of Mackinac. This is dubious engineering and a bad investment for Michigan and Wisconsin, built across the most vulnerable site for an oil spill in the entire Great Lakes watershed.
It’s clear that Enbridge is a bad actor that can’t be trusted, and has a terrible safety record of oil pipeline disasters. In addition to the 1.1 million gallons of toxic oil Line 5 has already spilled, Enbridge’s other disastrous tar sands pipeline, Line 3, ruptured four aquifers in northern Minnesota during construction alone, which Enbridge touts as the safest construction possible. In its Line 5 maintenance—or lack thereof—Enbridge has violated pipeline support standards and numerous other legal doctrines that protect us and our shared natural resources from the dangers of oil spills. In its 70 years of operating Line 5, Enbridge has demonstrated countless times that it simply doesn’t care about its repeated violations and instead would rather prioritize their profits than abiding by the law and protecting our communities.
There is no justification to keep Line 5 operating or extend its life when science—and the Biden administration’s own stated commitment to climate action require us to rapidly transition away from fossil fuels. President Biden must step up and use his presidential authority to force Line 5 to shut down. It’s either us, the people who live in the Great Lakes region, or Big Oil.
Keep ReadingShow Less
Most Popular