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Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Killings and repression of defenders · United States · 2025

Standing Rock / Dakota Access: arrests, TigerSwan and the Greenpeace damages award

Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
Not on record
  • The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 4 none on record · 1 not measured · 3 disputed · 1 unclear See the gaps

Between 761 and 854 people were arrested during the Dakota Access pipeline protests at Standing Rock, depending on who counted. A private security firm described the movement in leaked documents as an insurgency, and a North Dakota jury later awarded the pipeline developer damages against Greenpeace entities.

836 cases; 392 dismissed; 26 convictions at trialState cases from the Standing Rock arrests (Water Protector Legal Collective final tally)
Morton County Sheriff counted 761 arrests; the Water Protector Legal Collective counted 854.

Status As of 29 October 2025: damages award cut to about $345 million; post-trial and appeal steps were not reviewed.

What?
Mass arrests of protesters at the Dakota Access pipeline protests, leaked security-contractor documents describing the movement as an insurgency, and a damages award against Greenpeace entities. Highland Public Radio (hpr1.com)
Where?
Standing Rock and Morton County, North Dakota; Bayou Bridge pipeline arrests in Louisiana. Highland Public Radio (hpr1.com)
When?
Leak published 27 May 2017; licensing suit dismissed 30 May 2018; verdict 19 March 2025; award reduced 29 October 2025. PBS NewsHour
Who?
Gained
  • Energy Transfer, claimant — Jury verdict of about $666.9 million against Greenpeace entities, reduced to about $345 million. PBS NewsHour
Lost
  • Greenpeace International, Greenpeace USA, Greenpeace Fund — Ordered to pay about $345 million after reduction. PBS NewsHour
  • People arrested at Standing Rock — 761 to 854 arrests; 26 convictions at trial among 836 state cases. Highland Public Radio (hpr1.com)
Harmed
None on record
Why?
The sources reviewed do not state a single motive; ICNL testified that at least 17 states adopted critical-infrastructure protest laws since 2016. International Center for Not-for-Profit Law (ICNL)
How?
Through arrests and state prosecutions, private-security surveillance and documents, and civil litigation against protest organisations. The Intercept
6 of 6 questions answered from the record

What happened

The record, in order.

People who protested the Dakota Access pipeline at Standing Rock were arrested in large numbers. The Morton County Sheriff counted 761 arrests; the Water Protector Legal Collective (WPLC) counted 854. The WPLC's final tally covered 836 state cases, plus 5 federal prosecutions, for 841 cases in total.

Of the 836 state cases, 392 were dismissed, 42 ended in acquittal, 26 ended in conviction at trial, and 45 were inactive or had outstanding warrants, according to the WPLC tally as reported by Highland Public Radio.

On 27 May 2017 The Intercept published leaked documents from the private security firm TigerSwan. They described the movement as an ideologically driven insurgency with a strong religious component that followed the jihadist insurgency model. North Dakota's Private Investigative and Security Board sued over unlicensed operation; the district judge dismissed the case on 30 May 2018 and sent fines to the administrative process.

The pipeline developer also pursued litigation against protest organisations. A suit that included BankTrack was dismissed in July 2018 and all claims were dismissed in February 2019. In a second suit, in North Dakota state court in Morton County, a jury returned a verdict on 19 March 2025 of about $666.9 million against Greenpeace International (GPI), Greenpeace USA and Greenpeace Fund. On 29 October 2025 Judge James Gion cut the award to about $345 million.

The International Center for Not-for-Profit Law told Congress in September 2022 that at least 17 US states had adopted critical-infrastructure protest laws since 2016. In Louisiana, 16 activists and 1 journalist were arrested in total in connection with the Bayou Bridge pipeline under a 2018 felony trespass law, beginning 8 days after the law took effect.

  1. 2016ICNL later counted at least 17 US states adopting critical-infrastructure protest laws from this year on (testimony, September 2022)
  2. 2017The Intercept publishes leaked TigerSwan documents (27 May)
  3. 2018Judge Grinsteiner dismisses the licensing suit against TigerSwan (30 May); suit including BankTrack dismissed (July); Louisiana arrests under Act 692 begin 8 days after it took effect (9 August)
  4. 2019All claims in the first suit dismissed (February)
  5. 2025Jury verdict of about $666.9m against Greenpeace entities (19 March); judge cuts award to about $345m (29 October)

What was said

Claims, in the words of those who made them.

“an ideologically driven insurgency with a strong religious component”

TigerSwan documents, as quoted by The Intercept · 27 May 2017 · The Intercept

“followed the jihadist insurgency model”

TigerSwan documents, as quoted by The Intercept · 27 May 2017 · The Intercept

“nothing left of the complaint that is within the purview of the district court”

Judge Grinsteiner, North Dakota district court · 30 May 2018

“dangerously broad”

Judge Billy Roy Wilson, describing the suit that included BankTrack · July 2018

“Posting articles written by people with similar beliefs does not create a RICO enterprise.”

Where accounts differ

Each party's account, side by side, with its source. The record does not settle these points; it shows them.

How many people were arrested?
Government and regulators
Morton County Sheriff

761 arrests.

Highland Public Radio (hpr1.com)
Communities and civil society
Water Protector Legal Collective

854 arrests; final tally of 836 state cases plus 5 federal prosecutions.

Highland Public Radio (hpr1.com)
Did the protest organisers form a racketeering enterprise, and what damages were owed?
Courts
Judge Billy Roy Wilson

Called the first suit "dangerously broad" and dismissed all claims in February 2019: "Posting articles written by people with similar beliefs does not create a RICO enterprise."

Courthouse News
Courts
North Dakota jury, Morton County

Returned a verdict of about $666.9 million against GPI, Greenpeace USA and Greenpeace Fund on 19 March 2025.

Florida Phoenix (States Newsroom)
Courts
Judge James Gion

Cut the award to about $345 million on 29 October 2025, finding some damages duplicative, without legal basis, or above statutory punitive caps.

PBS NewsHour
Was TigerSwan's characterisation of the movement accurate?
Company or project
TigerSwan (leaked documents)

Described the movement as "an ideologically driven insurgency with a strong religious component" that "followed the jihadist insurgency model".

The Intercept
Company or project
TigerSwan

No public response to the leak is recorded in the sources reviewed.

How it looked

What was shown, beside what was recorded.

Shown

  • The movement was characterised in internal security-contractor documents as following the jihadist insurgency model.
    TigerSwan documents leaked to The Intercept · The Intercept

Recorded

  • Morton County Sheriff counted 761 arrests; WPLC counted 854.
  • WPLC final tally of 836 state cases: 392 dismissed, 42 acquitted, 26 convicted at trial, 45 inactive or with outstanding warrants; plus 5 federal prosecutions, 841 cases in total.
  • The jury verdict of 19 March 2025 was about $666.9 million; some outlets reported about $660 million or $670 million. The judge reduced the award to about $345 million on 29 October 2025, finding some damages duplicative, without legal basis, or above statutory caps on punitive damages.
  • ICNL told Congress that at least 17 states had adopted such laws since 2016; 24 states considered 43 bills.

In court and with insurers

Every proceeding and every insurer decision on record.

Lawsuits and rulings

  1. 2019-02Dismissed
    Suit including BankTrack (racketeering claims)
    Trial court (Judge Billy Roy Wilson) · Civil · Not stated in the sources reviewed → BankTrack and others

    BankTrack was dismissed in July 2018; all claims were dismissed in February 2019. The judge called the suit "dangerously broad". Courthouse News

  2. 2025-10-29Claimant won$345m About $345 million after reduction (jury verdict about $666.9 million)
    Energy Transfer v Greenpeace
    North Dakota state court, Morton County (Judge James Gion) · Civil · Energy Transfer → Greenpeace International, Greenpeace USA, Greenpeace Fund

    Jury verdict of 19 March 2025; award cut on 29 October 2025. Later post-trial steps were not reviewed. PBS NewsHour

  3. 2018-05-30Dismissed
    North Dakota Private Investigative and Security Board v TigerSwan
    North Dakota district court (Judge Grinsteiner) · Administrative · North Dakota Private Investigative and Security Board → TigerSwan

    Suit over unlicensed operation. Dismissed 30 May 2018, with fines sent to the administrative process. Appeal outcome not found.

  4. Outcome not on record
    State prosecutions of Standing Rock arrestees
    North Dakota state courts · Criminal · State prosecutors → People arrested at Standing Rock

    WPLC final tally of 836 state cases: 392 dismissed, 42 acquitted, 26 convicted at trial, 45 inactive or with outstanding warrants. Five federal prosecutions were also brought. Highland Public Radio (hpr1.com)

Insurers

No insurer decision on record.

What nature saw

Outcomes measured on the ground, and nature's note.

Nature's report opens this page. Below: further outcomes measured on the ground.

Arrests
761 to 854
Morton County Sheriff and WPLC counts
State cases dismissed
392 of 836
WPLC final tally
Damages award after reduction
About $345m
North Dakota state court, 29 October 2025

What we don't know

Undisclosed, unproven, untried: recorded as data.

Nature

  • Not measured Harm to nature: No independent ecological evaluation is on record.

Court

  • Unclear State prosecutions of Standing Rock arrestees: outcome not on record.

Accounts

  • Disputed How many people were arrested?
  • Disputed Did the protest organisers form a racketeering enterprise, and what damages were owed?
  • Disputed Was TigerSwan's characterisation of the movement accurate?
  • None on record TigerSwan: No public response to the leak is recorded in the sources reviewed.

Record

  • None on record Outcome of any appeal in the North Dakota licensing case against TigerSwan: not found in the sources reviewed.
  • None on record The sources reviewed do not state a contract value for TigerSwan's work.
  • None on record The sources reviewed do not report an ecological assessment of the protest sites or the pipeline route.

Did the harm stop?

Not assessed in the sources reviewed.

Who paid?

The sources reviewed show an award of about $345 million against Greenpeace entities and arrests of between 761 and 854 people, most state cases ending without conviction at trial.

Sources

Voices on record: — Company or project— Government and regulators— Courts✓ Press and investigations✓ Communities and civil society— Researchers

Communities and civil society

  1. Testimony to Congress on US protest laws
    International Center for Not-for-Profit Law (ICNL) · 2022-09

Connected cases

Related matters, and cases linked to this one through the same organisations, with the role each played in both.

Law and courts

Punitive damages
Money a court orders a defendant to pay to punish especially reckless conduct, on top of compensation for losses. Mainly used in US courts.