The federal district court for the District of North Dakota found that Energy Transfer Equity, L.P. and Energy Transfer Partners, L.P. (Energy Transfer), the operators of the Dakota Access Pipeline (DAPL), had failed to state a Racketeer Influenced and Corrupt Organizations Act (RICO) claim against BankTrack, a Dutch not-for-profit foundation described as using “engagement and public pressure to stop banks from financing specific projects it disagrees with.” The court found that Energy Transfer’s allegations failed to state a plausible RICO claim. The court noted that BankTrack’s individual RICO predicate conduct was limited to sending letters and posting blogs for the purpose of limiting funding for DAPL. The court said this conduct was not plausibly or reasonably related to arson and violence allegedly used by unassociated groups and individuals to stop construction of DAPL. In addition, the court found that Energy Transfer did not establish that it suffered injury caused by RICO predicate conduct, that it was a “victim” of BankTrack’s alleged fraudulently induced donations, or that allegedly defamatory communications were within the zone of interests of mail and wire fraud statutes. Because the complaint’s allegations against BankTrack were insufficient to sustain RICO claims, the court also concluded that it could not exercise personal jurisdiction over BankTrack based on nationwide RICO jurisdiction or Rule 4(k)(2). In addition, the court concluded that personal jurisdiction was not established under North Dakota’s long-arm statute.

Racketeer Influenced and Corrupt Organizations (RICO) action by Dakota Action Pipeline developers against Greenpeace and other organizations.

Energy Transfer Equity, L.P. v. Greenpeace International

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North Dakota Federal Court Dismissed Dakota Access Pipeline Operators’ RICO Claims Against Dutch Foundation

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United States of America

North Dakota

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North Dakota Federal Court Dismissed Dakota Access Pipeline Operators’ RICO Claims Against Dutch Foundation

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Finance