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Judge denies Greenpeace request to investigate mailer critical of DAPL protests • North Dakota Monitor

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Judge denies Greenpeace request to investigate mailer critical of DAPL protests • North Dakota Monitor


A judge has denied a request by environmental group Greenpeace to gather evidence on a right-wing, pro-fossil fuel mailer that may have targeted potential jurors in its legal battle with Energy Transfer, the developer of the Dakota Access Pipeline.

Some Morton County residents in October reported receiving a 12-page direct mailer called “Central ND News” containing material complimentary of Energy Transfer as well as stories that highlighted criminal activity by anti-Dakota Access Pipeline protesters. 

Greenpeace is one of many activist groups that backed the demonstrations in 2016 and 2017. Protesters camped in rural south-central North Dakota for months in solidarity with the Standing Rock Sioux Tribe, which says the pipeline is a tribal sovereignty and environmental threat.

Energy Transfer filed suit against Greenpeace in Morton County District Court in 2019, accusing the group of coordinating a misinformation campaign against the company and of engaging in criminal acts during the demonstrations.

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Greenpeace seeks court permission to research mailer critical of DAPL protests

The pipeline developer seeks tens of millions of dollars in damages from Greenpeace.

Greenpeace says its role in the protests was limited, that it did not spread misinformation about Energy Transfer and that it never participated in or endorsed criminal activity. The case is scheduled for trial before a nine-person jury beginning in February.

In court documents, Greenpeace expressed concerns that the direct mailer was written specifically to give Energy Transfer the upper hand when the suit goes to trial. It requested permission from Southwest Judicial District Court Judge James Gion to conduct discovery into a Texas company that printed and distributed the Central ND News.

“We should have the right to figure out who sent it, when they did and why,” Everett Jack, an attorney representing Greenpeace, said in a hearing in December.

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Energy Transfer has disputed this claim, arguing there’s no meaningful evidence the mailer was intended to prejudice the jury. Trey Cox, representing the pipeline developer, last month called Greenpeace’s motion a “thinly veiled attempt” to delay the trial and move the case to a different court.

In a Dec. 17 order, Gion seemed to agree with Greenpeace that the mailer may have been an effort to sway jurors.

“The Court takes an extremely dim view of attempts to influence a jury panel before the trial,” he wrote.

Still, the judge found it would not be appropriate to approve the discovery request without further evidence the mailer has had a measurable impact on the jury pool.

“There is only one way to determine if such an attempt is successful, and unfortunately the Court agrees with Energy Transfer that way is through the jury questionnaires and jury selection,” he wrote in the order. “If the Court cannot empanel a jury in Morton County, there will obviously be a delay in the trial and the Court can revisit this issue at that time.”

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The direct mailer resembles a print newspaper. Its distribution in Morton County residents was first reported in a joint article by the North Dakota News Cooperative and climate news publication Floodlight. The article identifies the owner of the publication as Metric Media, which has launched hundreds of conservative-leaning local news outlets that rely heavily on algorithmically generated content.

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ND Emergency Services receives wildfire prevention award

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ND Emergency Services receives wildfire prevention award


WASHINGTON — The North Dakota Department of Emergency Services has been recognized for its wildfire prevention efforts with a national Bronze Smokey Bear Award.

“These awardees demonstrate what fire prevention looks like in action,” said U.S. Forest Service Deputy Chief Sarah Fisher. “Their efforts protect lives, support firefighters and make a real difference in communities across the country.”

May is Wildfire Awareness Month, and with North Dakota experiencing another active spring wildfire season, each fire prevented is one that local responders don’t have to put out, underscoring the importance of each individual’s responsibility to work and recreate safely outdoors. The award to the N.D. Department of Emergency Services (NDDES) recognizes its efforts in communicating just that.

The communications team is led by Strategic Communications Chief Alison Vetter and is supported by Autonomous Systems and Communications Specialist Clint Fleckenstein.

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According to information from the Forest Service, the team’s creative products are visually appealing, engaging and effective. The “Learn Before You Burn” tagline urges North Dakotans to visit the interactive N.D. Fire Declarations and Burn Restrictions map to learn their local restrictions, fire danger and red flag warnings before burning or recreating outdoors. Vetter and Fleckenstein consistently take initiative to address fire prevention issues proactively and go above and beyond to become the best possible storytellers of wildfire prevention messaging.

Alison Vetter

Their statewide efforts identify unique and effective avenues to communicate these important public safety topics, addressing top human-caused fire causes like open burning and equipment use through reels, interviews, Gas Station TV, visits with local students, and GoodHealthTV kiosks found in local health units, schools and other public buildings.

During the historic October 2024 wildfires, NDDES mobilized the Joint Information Center, responding to the elevated need for education, prevention and response to determine messaging needs in real time. This included topics like publicizing daily fire danger, sharing resources for affected landowners, advocating for defensible space and safety tips, and messaging ways to minimize fire risk when harvesting, hunting, or enjoying the outdoors. Alison and her team worked over the winter of 2024-2025 to identify prevention efforts and causes, and crafted effective communications strategies to reduce wildfire occurrence, which proved necessary into an active spring 2025 fire season as well. After the devastation of the October 2024 wildfires, they created a documentary to highlight the value and appreciation for those who responded to the call and showcase the unique way North Dakota communities show up for one another in crisis.

The 2026 Smokey Bear Awards will be presented at the National Association of State Foresters’ annual meeting in Lexington, Kentucky, in September.

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Armstrong directs flags at half-staff Thursday in observance of Peace Officers Memorial Day

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Armstrong directs flags at half-staff Thursday in observance of Peace Officers Memorial Day


BISMARCK, N.D. – Gov. Kelly Armstrong has directed all government agencies to fly the United States and North Dakota flags at half-staff on Thursday, May 14, and encourages North Dakotans to do the same at their homes and businesses, in observance of national Peace Officers Memorial Day.

The governor’s directive is in accordance with a proclamation issued by President Donald Trump, who also proclaimed May 10-16 as national Police Week.

Armstrong will join North Dakota Attorney General Drew Wrigley and Supreme Court Chief Justice Lisa Fair McEvers in delivering remarks during a North Dakota Peace Officers Memorial Service at 7 p.m. Thursday in Memorial Hall of the State Capitol. North Dakota’s 69 fallen peace officers will be remembered and honored during the service, and the Capitol windows will be lit to display a “Thin Blue Line” as a mark of respect for all law enforcement officers, past and present.



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Judge Todd Cresap to retire

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Judge Todd Cresap to retire


MINOT, N.D. (KMOT) – Todd Cresap, who has served as a North Dakota district judge since 2009, announced he will retire in July.

Cresap wrote a letter to Gov. Kelly Armstrong, R-ND, he would retire effective July 17.

In the letter, Cresap said he had ‘mixed emotions’ over the decision, calling it an ‘honor’ to serve, but said it was time for someone ‘with a new perspective’ to serve.

A Valley City native, Cresap studied at Minot State University and the University of North Dakota.

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Then-Gov. John Hoeven appointed Cresap to fill a judgeship in the Northwest Judicial District in 2009 that was created by the legislature. He served in that district until 2014, when it was split into Northwest and North Central.

Voters elected Cresap to the bench in 2012, 2016, and 2022. He served as a lawyer in private practice before his appointment as judge.

Armstrong can appoint a replacement to fill Cresap’s remaining term from a nominating committee’s list, ask the committee for new candidates, or call a special election.

The North Central District covers Ward, Mountrail, and Burke Counties.

Copyright 2026 KFYR. All rights reserved.

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