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WPLC Legal Battle to Uncover Critical Sealed Documents Related to DAPL Public Safety and Water Contamination in Energy Transfer LP et al. v. Greenpeace et al. Continues

Updated: Jul 31

FOR IMMEDIATE RELEASE


July 23, 2024


Nizhoni Begay, Communications Coordinator, communications@waterprotectorlegal.org 


Morton County, North Dakota - The ongoing legal battle to uncover critical, sealed documents related to DAPL public safety and potential water contamination at Lake Oahe, continues. On July 3rd, WPLC filed a motion to intervene as a non-party in the ongoing legal battle involving Energy Transfer LP (“ET”) Strategic Lawsuit Against Public Participation (“SLAPP”) against Greenpeace et al., in a legal move to protect Lake Oahe, Water Protectors, and the public right to know vital information related to pipeline safety and corporate accountability. ET filed a response to WPLC’s Motion last week opposing intervention. Greenpeace Defendants also filed a short response.  


Today, July 23, 2024, WPLC filed a reply to all parties, reaffirming the importance of unveiling “confidential” and “highly confidential” documents and emphasizing the need for transparency and public safety, as well as the importance of the public’s access to critical information regarding the pipeline's construction and operation. An expert report in the case indicates 1.4 million gallons of potentially toxic drilling fluid spilled into Lake Oahe in over 700 incidents. This and other safety violations that have not been adequately disclosed to the public or relevant governmental agencies.


WPLC highlights the ongoing need for public oversight and accountability in the DAPL project, particularly given the significant environmental and safety concerns previously raised, and ET’s federal debarment stemming precisely from a failure to disclose spill information resulting in water contamination in Pennsylvania. 


WPLC's motion, initially filed to lift the protective order, seeks to ensure that over 8,000 confidential documents and additional data in 500,000 pages related to pipeline safety are made available to the public. This move is aimed at protecting the water sources and ecosystems surrounding Lake Oahe and the Missouri River, which are vital to the millions of people and countless wildlife living in the watershed.


"Energy Transfer has said WPLC’s filing is ‘unprecedented.’ We are doing this because we believe the public has a fundamental right to know about potential risks to the water," said Natali Segovia, Executive Director and Senior Attorney of WPLC. “We know it’s a long road to corporate accountability but we are here for it. This is for generations to come. Our commitment to safeguarding our relatives and the water is steadfast.”


At WPLC, we remain steadfast in our mission to represent and defend the interests of Water Protectors, Indigenous Peoples, and all affected communities, in advocating for corporate accountability and adherence to environmental regulations. We will continue to push to ensure that crucial information is not withheld from the public and that the health and safety of our Mother Earth and our relatives, human and nonhuman, are prioritized.


WPLC is represented by North Dakota local counsel Chad Nodland, attorney Patricia Handlin, Natali Segovia and Summer Blaze Aubrey from Water Protector Legal Collective.


For more information on the initial motion in this case please visit:


Born out of the #NoDAPL Movement at Standing Rock, the Water Protector Legal Collective is a 501(c)(3) Indigenous-led legal nonprofit that provides support and advocacy for Indigenous peoples and Original Nations, the Earth, and climate justice movements. Formerly based and headquartered in North Dakota, WPLC organized representation for and represented hundreds of Water Protectors arrested during protests against DAPL at Standing Rock to protect the Water, cultural and sacred sites, and treaty lands impacted by the pipeline construction between August 2016 and February 2017. WPLC continues to represent Water Protectors, actively defends against SLAPP suits, and advocates for corporate accountability in harmonization with obligations under state, federal, and international human rights law. To learn more about WPLC and how to support our work, visit: www.waterprotectorlegal.org.

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