Standing Rock / Dakota Access: arrests, TigerSwan and the Greenpeace damages award
- The record does not name which of my species, waters, soils or forests were harmed.
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.
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.
- Energy Transfer, claimant — Jury verdict of about $666.9 million against Greenpeace entities, reduced to about $345 million. PBS NewsHour
- 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)
What happened
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.
- 2016ICNL later counted at least 17 US states adopting critical-infrastructure protest laws from this year on (testimony, September 2022)
- 2017The Intercept publishes leaked TigerSwan documents (27 May)
- 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)
- 2019All claims in the first suit dismissed (February)
- 2025Jury verdict of about $666.9m against Greenpeace entities (19 March); judge cuts award to about $345m (29 October)
What was said
“an ideologically driven insurgency with a strong religious component”
“followed the jihadist insurgency model”
“nothing left of the complaint that is within the purview of the district court”
“dangerously broad”
“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.
854 arrests; final tally of 836 state cases plus 5 federal prosecutions.
Highland Public Radio (hpr1.com)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 NewsReturned a verdict of about $666.9 million against GPI, Greenpeace USA and Greenpeace Fund on 19 March 2025.
Florida Phoenix (States Newsroom)Cut the award to about $345 million on 29 October 2025, finding some damages duplicative, without legal basis, or above statutory punitive caps.
PBS NewsHourDescribed the movement as "an ideologically driven insurgency with a strong religious component" that "followed the jihadist insurgency model".
The InterceptNo public response to the leak is recorded in the sources reviewed.
How it looked
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
Lawsuits and rulings
- 2019-02DismissedSuit 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
- 2025-10-29Claimant won$345m About $345 million after reduction (jury verdict about $666.9 million)Energy Transfer v GreenpeaceNorth 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
- 2018-05-30DismissedNorth Dakota Private Investigative and Security Board v TigerSwanNorth 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.
- Outcome not on recordState prosecutions of Standing Rock arresteesNorth 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
What nature saw
Nature's report opens this page. Below: further outcomes measured on the ground.
What we don't know
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
Press and investigations
- Judge tosses $900M suit over Greenpeace pipeline protestsCourthouse News · 2019-02
- Judge orders Greenpeace to pay $345 million in pipeline lawsuit, cutting jury amount nearly in halfPBS NewsHour · 2025-10-29
- More than two years later, last NoDAPL trials finishHighland Public Radio (hpr1.com) ·
- Jury finds Greenpeace at fault for protest damages, awards pipeline developer more than $660 millionFlorida Phoenix (States Newsroom) · 2025-03-21
Communities and civil society
- Testimony to Congress on US protest lawsInternational Center for Not-for-Profit Law (ICNL) · 2022-09
Connected cases
- Energy Transfer v Greenpeace (Dakota Access) United States · 2017–2026 Related matter
- Energy Transfer (Company) — here: Pipeline developer; claimant in the damages suit; there: Plaintiff in both suits against Greenpeace entities
- TigerSwan (Company) — here: Private security contractor; there: Private security firm at Standing Rock whose documents were leaked
- Greenpeace USA (NGO) — here: Defendant in the damages suit (with Greenpeace International and Greenpeace Fund); there: Defendant in the North Dakota state suit
- BankTrack (NGO) — here: Defendant in the first suit, dismissed; there: Defendant in the federal suit until its dismissal in July 2018
- Water Protector Legal Collective (NGO) — here: Legal collective that tallied the arrests; there: Counted 854 arrests and tallied 836 state cases
- Morton County Sheriff (Public authority) — here: Law enforcement; counted 761 arrests; there: Counted 761 arrests at Standing Rock
- Corporate suits against Greenpeace (TotalEnergies, Shell, Resolute) France, United Kingdom, United States · 2019–2024 Related matter
- Resolute Forest Products v Greenpeace Canada · 2012–2024 Related matter
- TotalEnergies v Greenpeace France France · 2022–2024 Related matter