Judge rules Dakota Access developer can’t sue Earth First

BISMARCK, N.D.—A federal judge has dismissed a second defendant from a $1 billion racketeering lawsuit that the developer of the Dakota Access oil pipeline filed against environmental groups, leaving Greenpeace as the only remaining group facing the claim.

Texas-based Energy Transfer Partners failed to make a case that Earth First is an entity that can be sued, U.S. District Judge Billy Roy Wilson said in a ruling dated Wednesday.

The Center for Constitutional Rights had argued that Earth First is a philosophy or movement similar to Black Lives Matter, and thus can’t be sued. ETP unsuccessfully tried to serve the lawsuit to Floridabased Earth First Journal, which argued that it wasn’t the same as the movement.

Wilson said that rather than clarifying the matter, an amended complaint filed by ETP earlier this month was “wholly insufficient” in advancing its case under the Racketeer Influenced and Corrupt Organizations Act that Earth First “allegedly provided hundreds of thousands of dollars to fund an international terrorist, drug-smuggling RICO enterprise.”

Center for Constitutional Rights attorney Pamela Spees applauded the ruling, calling the lawsuit “far-fetched.” ETP officials have said the company doesn’t comment on active litigation.

ETP sued Earth First, BankTrack and Greenpeace last August, alleging that they worked to undermine the $3.8 billion pipeline that’s now shipping North Dakota oil to a distribution point in Illinois.