Media petition North Dakota Supreme Court for expanded access to Greenpeace trial
Opponents of the Dakota Access Pipeline demonstrate outside of the North Dakota Capitol in August 2016. A trial brought by pipeline developer Energy Transfer against Greenpeace is underway in Mandan. (Kyle Martin/For the North Dakota Monitor)
A coalition of media organizations, including the North Dakota Monitor, petitioned the state Supreme Court Thursday seeking expanded access to the trial involving the Dakota Access Pipeline developer and Greenpeace.
Southwest Judicial District Judge James Gion has denied media requests for photography or video during the five-week civil trial in Morton County. He also has denied requests for a public livestream or use of cellphones or recording devices during the trial.
Gion has cited concerns about witness sequestration in his orders.
Media attorney Jack McDonald filed a petition with the North Dakota Supreme Court seeking reversal of Gion’s orders, citing significant local, state, national and international interest in the case.
McDonald writes that the request is supported by the North Dakota Constitution, which states that all courts shall be open, and the First and Fourteenth amendments to the U.S. Constitution.
The petition argues that there is established precedent for livestreaming trials in the South Central Judicial District, and the trial is being livestreamed for select individuals. Attorneys representing Energy Transfer and Greenpeace are accessing a livestream that is not open to the public.
McDonald also argues that the judge has not provided adequate basis for the order denying media requests. He has handled courtroom media requests for the North Dakota Newspaper Association and North Dakota Broadcasters Association for decades.
“This is the largest and probably most impactful civil trial ever held in North Dakota. It has major national and international free speech implications,” McDonald said Thursday. “The general public should be able to view it, not just the 60 or so able to find seats in the courtroom.”
In addition to the North Dakota Monitor, the other media organizations are Forum Communications, The Washington Post, The Wall Street Journal, The New York Times, KFYR-TV, KXMB-TV, The Bismarck Tribune, DRILLED, The Intercept, the Reporters Committee for the Freedom of the Press, News/Media Alliance, Society of Environmental Journalists and the Minnesota Newspaper Association.
Media organizations are covering the trial in person, but are not allowed to photograph, record video or use audio recording devices to aid with note-taking. It’s common for North Dakota district judges to allow up to two photographers and up to two video cameras during court proceedings. Some expanded media orders also permit audio recorders and cellphones. Some North Dakota court proceedings have been available remotely through Zoom, though not consistently.
Jury selection began Monday and attorneys gave opening statements Wednesday.
Energy Transfer seeks about $300 million in damages from Greenpeace, alleging the environmental organization backed unlawful behavior by Dakota Access Pipeline opponents and carried out a misinformation campaign that led to construction delays and inflated project costs.
Greenpeace denies the allegations and says the energy company is unfairly targeting the organization to intimidate other environmental activists.
Separately, a group of attorneys monitoring the trial petitioned the state Supreme Court asking justices to review Gion’s decision about a public livestream. The justices denied the request Thursday. No reasons were stated for the denial.