A lawsuit against Greenpeace could have serious consequences against the right to protest, with Australia's leaders failing to take notice.Sue Arnoldreports.

GREENPEACE USAhas been sued for US$300 million (AU$477 million) by Dallas-based companyEnergy Transfer, theNew York Timesreported on 24 February.

Accused of masterminding the protests over the construction of theDakota Access Pipelinenear the Standing Rock Sioux Reservation around ten years ago, the poorly reported trial happening in North Dakota has profound ramifications.

The conservation organisation has also been accused of trespass, defamation, conspiracy and tortious interference with business.

The trial has been described as a bombshell lawsuit. In essence, if the company succeeds, both freedom of speech and peaceful protest will be inhibited if not made impossible.

In order to perpetuate the destruction of our planet, the fossil fuel industry will stop at nothing to silence climate change protesters, even murder.

Wikipediaprovides a great background on the protest which is famous as a grassroots, Indigenous battle.The Washington Postcalled it a national movement for Native Americans. Thousands of people came to protest, including the single largest gathering of Native Americans in more than 100 years.

The Dakota Access Pipeline is a 1,886-kilometre underground oil pipeline. According to Wikipedia, the pipeline was planned as a subsidiary of Energy Transfer Partners.

More than 800,000 acres of Standing Rocks land was at risk of being impacted by an oil spill which could contaminate drinking water and pollute spiritual water.

Standing Rock Tribal ChairmanDavid Archambault IItook the protest to theUN Human Rights Council. The tribes brought their case to theUN Permanent Forum on Indigenous Issues.

According to Wikipedia, Energy Transfer bulldozers cut a 3,200-metre long, 45-metre wide path through an area of the pipeline route that was sacred, containing possible burial sites and artifacts.

Dogs and pepper sprays were used against protesters.PBS Newshourreported law enforcement officers from six states, armoured personnel carriers, hundreds of police with concussion grenades, mace, tasers and batons.

Movie stars includingJane Fonda, veterans and business owners came to serve food to protesters and to act as human shields. SenatorBernie Sandersand the ReverendJesse Jacksonbrought major support.

The current lawsuit is not the first time Energy Transfer has sued Greenpeace. In 2019, the corporationslawsuitalleged Greenpeace USA misled the public with false claims about the Standing Rock Sioux tribes sacred sites and the potential for the pipeline to contaminate the Missouri River.

Despite the clear warnings and a change of government, Australia is still behind on responding to the global climate emergency.

The Federal Court dismissed as unfounded the charges of racketeering and defamation by Energy Transfer. At the time, counsel representing Greenpeace USAsaid the rulingwas a check on corporate efforts to silence dissent.

The pipeline remains fully operation despite years of protests and legal challenges.

North Dakota is conservative and U.S. PresidentTrumps choice for interview secretary,Doug Burgum, was Governor of the state until last year.Kelcy Warren, Energy Transfers billionaire founder and the executive chairman, is a Trump supporter and a major donor.

He was once reportedsayinggreen activists ought to be removed from the gene pool and regards climate activists as a significant threat to the energy industry.

If Greenpeace loses and damages amount to US$300 million, this figure is more than ten times the groups annual budget.

The trial and its outcome will be extremely important for Australian conservation organisations and potentially for environmental protests against big oil globally.

A precedent has already been set in Australia.

In a similar case involving Indigenous tribes and a pipeline, Aboriginal and Tiwi Islanderschallenged the constructionof an export pipeline from theSantoscompanys offshore Barossa field project. The gasfield pipeline is planned to connect the Northern Territory to the existingBayu-Undanpipeline which connects to Darwin.

The challenge was lost.

Santossued for costsagainst the Environmental Defenders Office's (EDO) failed challenge to the Barossa gas project. Finding in favour of the corporation, the Federal Court ruled the legal firm had to pay $9 million in costs to Santos.

The criminalisation of pro-Palestinian activism could see states implementing further anti-protest laws that would stifle democratic freedom of speech.

According toThe Guardian, the company had sought information relating to the funding of the EDOs proceedings by other third parties opposed to the project, some of whom were involved in theStop Barossa Gasprotest.

In a scathingjudgement, JusticeNatalie Charlesworthruled that one of the EDOs lawyers and a cultural heritage consultant had engaged in a form of subtle coaching in a meeting with Tiwi Islanders.

The judge found that evidence of the pipeline risking intangible underwater heritage, including Crocodile Man songlines and an area of significance for the rainbow serpent Ampiji, was not broadly representative of the beliefs of the Tiwi people who would be affected by the pipeline.

AUN special rapporteurraised major concerns over increasingly draconian laws that restrict citizens right to peaceful protests around Australia after a visit in September 2023.

Some of hisreportis worth repeating in full:

Given the current state of environmental affairs in the U.S., with a federal election in Australia happening in the near future, the right to protest is on shaky grounds. Neither Prime MinisterAnthony Albanesenor Opposition LeaderPeter Duttonappear interested in environmental crises or democratic rights to protest.

Fossil fuel projects and forestry operations continue to wreak havoc on the nations biodiversity and environment. The UN rapporteurs recommendations to the Government have fallen on deaf ears.

Sue Arnoldis an IA columnist and freelance investigative journalist. You can follow Sue@koalacrisis.