Above photo: In October, residents in Morton County, where the Greenpeace/Energy Transfer trial is scheduled to take place, received a mailed publication that featured articles decrying the Dakota Access protests and praising Energy Transfer. ExxonKnews)
In early September, fossil fuel executive and Donald Trump megadonor Kelcy Warren quietly made a large donation to a political action committee few people have ever heard of. Warren is CEO of Energy Transfer, the company behind the infamous Dakota Access Pipeline, which in 2016 faced thousands of protesters including members of the Standing Rock Sioux Tribe and other opponents.
The timing is potentially significant because Warren made his $5 million donation to the super PAC called Turnout for America while his company pushed forward with a lawsuit against the nonprofit Greenpeace related to the Standing Rock protests.
Two weeks after receiving Warren’s contribution, Turnout for America paid $250,000 to Northern CB Corp. — an Illinois publishing and printing company — for “media services.”
One of the listed directors for Northern CB Corp. is Brian Timpone, a conservative businessman who owns Chicago-based company Metric Media, a Koch-linked network that runs more than 1,100 partisan websites masquerading as local news.
In October, residents in Morton County, where the Greenpeace trial is scheduled to take place, received a mailed publication called “Central ND News,” which featured articles decrying the Dakota Access protests and praising Energy Transfer. Central ND News is produced by Metric Media.
While news of this “weird” paper was first reported by Floodlight and the North Dakota News Cooperative, additional details related to Warren’s Super PAC donation are now being debated in the lawsuit itself.
Greenpeace is urging a North Dakota court to allow further investigation into who paid to send the publication attacking Dakota Access protestors to Morton County residents — and whether there was an attempt to exert “improper influence” over potential jurors in Energy Transfer’s favor.
“Given the importance of securing a fair and impartial jury … knowing who was directing these actions, to whom they directed the information, and why they did so are important issues to the fair administration of justice,” a Greenpeace brief shared with ExxonKnews and DeSmog reads.
A Closely Watched Lawsuit
Energy Transfer’s $300 million lawsuit accuses the environmental group Greenpeace of unlawfully orchestrating protests against the Dakota Access pipeline in 2016 and 2017, during which time hundreds of protestors were arrested near the Standing Rock Sioux Indian Reservation — including climate activists and Indigenous water protectors.
Energy Transfer, which worked with law enforcement agencies to curtail the protests and used an international security firm to surveil and shift public opinion about the company’s opponents, claims that Greenpeace waged an “unlawful, malicious, and coordinated attack” to damage and defame the pipeline and the company itself.
According to Greenpeace USA, Energy Transfer is suing the group because it “dared to uplift the Indigenous-led opposition movement at Standing Rock.”
The lawsuit could have implications for whether the fossil fuel industry is able to silence protesters as it embarks on major expansions, including the buildout of new gas and carbon dioxide pipelines, Gulf Coast LNG facilities, and petrochemical infrastructure. Experts and advocates say the case has all the hallmarks of a SLAPP, or strategic lawsuit against public participation — a larger legal tactic fossil fuel companies have been using to suppress dissent and drain their opposition of resources and time.
As the February 2025 trial draws near in the closely watched case, Greenpeace is now asking a state district court to grant an emergency motion to reopen discovery in the case, which would allow the environmental group to get more information about who funded the mailer to North Dakota residents.
In its new court filing, Greenpeace alleges that “there may have been improper influence over potential Morton County jurors through direct mailers containing negative reporting about Standing Rock protests that took place eight years ago, and benefits which Energy Transfer conferred on the local community six years ago.”
Greenpeace cites new details indicating that Kelcy Warren’s donation came around the same time as a surge of coverage from Central ND News targeting the Dakota Access protests. Central ND News began running a series on its website in August, called “On This Date in 2016.” The series contained six articles in August, three of which accused protestors of “unlawful” activities in their headlines. Subsequent articles in the series appeared a few times each month up until this week. There is no record of the paper covering those protests before this year.
The same day Turnout for America paid the Illinois publishing company, Central ND News published a story praising a donation that Energy Transfer made to a university in North Dakota six years ago. That story, written by C.D. Marsden (a name that Floodlight first found yields no results in a Google search), was featured in the October newspaper delivered to Morton County residents’ homes, juxtaposed with stories about Dakota Access pipeline protestors.
The 12-page paper included those stories in a section called “This Month in History: October 2016,” featuring one article titled “Area schools locked down as authorities respond to pipeline protests.” Another recounts the details of a felony arrest warrant accusing a pipeline protestor of charging a police officer on horseback.
“The purpose of that publication is quite clearly to remind people about what was happening eight years ago,” a lawyer for Greenpeace, Everett Jack, told the court at a December 9 hearing requesting the reopening of discovery. “We should be entitled to find out who made that decision.”
Jack told Southwest Judicial District Court Judge James Gion that reopening discovery would allow Greenpeace’s attorneys to question the Texas-based printing company that sent the newspaper, FMC Printing. The group would seek to subpoena FMC Printing to determine whether the mailer was targeted only to Morton County residents, who directed that the mailer be sent there, and why. Depending on the results of that investigation, Greenpeace would consider requesting a change in venue for the trial.
“We’re filing this motion and seeking this discovery because I think this court would agree there’s nothing more sacred in the legal system than the right to a fair, impartial jury, and every lawyer knows that direct efforts to influenc[e] the jury pool are not okay,” Jack said.
‘Playing Both Sides’
Greenpeace has been fighting varying iterations of Energy Transfer’s case — which was originally filed under state and federal racketeering charges — for eight years, with individual Indigenous protestors and journalists also brought into the mix. This week, the Minnesota Supreme Court heard an appeal from Energy Transfer in its attempts to subpoena journalists who reported on the protests at Standing Rock, seeking to force them to produce confidential, unpublished material.
The Dakota Access pipeline began operating through North Dakota in 2017 after an executive action from then-President Trump. The pipeline, which protestors warned would threaten water supplies, sacred sites, and the climate, leaked 5 times in its first year of operation alone.
This fall, the day before the October mailing was sent, the Standing Rock Sioux Tribe filed a new lawsuit against the U.S. Army Corps of Engineers arguing that the pipeline is operating illegally and should be shut down. Energy Transfer CEO Warren gave $5 million in campaign donations to Trump, who recently promised “fully expedited approvals and permits” to companies who invest $1 billion in the U.S.
Energy Transfer’s case, originally filed by the firm Kasowitz Benson Torres (long-time lawyers for Donald Trump), was taken over in 2023 by Gibson Dunn, a law firm with a record of “playing both sides” of the First Amendment on behalf of its corporate clients. Gibson Dunn lawyer Trey Cox represented Energy Transfer in its opposition to Greenpeace’s motion this week, arguing that juror questionnaires are the appropriate method to ensure a fair trial — and that whether or not Morton County residents received or read the newspaper was irrelevant.
ND Central News, he said, was a local newspaper that existed before the mailer was sent, and was simply covering matters involving a high-profile trial. Cox accused Greenpeace of trying to delay the trial date (which Greenpeace denied), and said its motion did not have “any basis in law or in fact.”
Energy Transfer, Metric Media, and Trey Cox did not respond to requests for comment.
“We don’t have any evidence that this newspaper in any way prejudiced potential jurors,” Cox told the court.
This piece was co-published by DeSmog and ExxonKnews. ExxonKnews is a project of the Center for Climate Integrity.