Energy Transfer asks North Dakota Supreme Court to pause Greenpeace case in Netherlands

Energy Transfer is asking the North Dakota Supreme Court to order Southwest District Court Judge James Gion to halt a Greenpeace International lawsuit in the Netherlands while related litigation proceeds in North Dakota, according to the North Dakota Monitor. The company argues the Dutch case “collaterally attacks the jury verdict” in Morton County and invites “a foreign tribunal to sit in judgment over North Dakota’s judiciary,” according to its petition. Gion denied a stay in September, finding the cases raise different claims and that the Netherlands matter is unlikely to affect the state case. The high court will hear arguments Dec. 18.

Greenpeace International says Energy Transfer has no basis to involve it in North Dakota and will join oral arguments in support of Gion’s decision, according to its filings. The state filed a neutral friend-of-the-court brief urging guidance on when courts should pause foreign cases. Gion recently reduced a jury award against Greenpeace from more than $660 million to about $345 million.