Dakota Pipeline operator subpoenas Unicorn Riot over coverage of demonstrations
Unicorn Riot and its reporter Niko Georgiades were subpoenaed on March 17, 2021, by Energy Transfer LP, the company behind the Dakota Access Pipeline, for all documents and communications relating to the nonprofit media organization’s coverage of the pipeline project.
The subpoenas are part of the pipeline company’s legal effort against several environmental groups, including Greenpeace, and activists that protested against the pipeline in 2016 and 2017, according to The Intercept and other outlets.
Energy Transfer demanded all documents including video and audio recordings concerning both actual and planned demonstrations relating to DAPL or Energy Transfer on several specific dates in August through November of 2016, in addition to information about the organization's structure and employees. Georgiades, a Unicorn Riot reporter who covered events at Standing Rock, was separately served a subpoena for similar materials. His subpoena is documented here.
Greenpeace labeled the company’s legal effort a SLAPP suit, which stands for a strategic lawsuit against public participation, designed to silence critics, The Intercept reported. The Committee to Protect Journalists has called on Energy Transfer to withdraw the subpoenas. CPJ is a founding partner of the U.S. Press Freedom Tracker.
Energy Transfer didn’t respond to an emailed request for comment from the Tracker.
Freddy Martinez, a member of the Unicorn Riot collective, told the Tracker that its media attorney responded to both subpoenas with a letter invoking their shield privilege, saying "the records that may or may not exist are covered by the law and that we [Unicorn Riot] are not a party to their litigation."
"Our counsel met with their counsel and Energy Transfer expressed continued interest in furthering their subpoena," Martinez added. "However, as far as we know, they haven’t filed anything in court and may be running out of time to do so."
On March 24, 2021, Unicorn Riot launched a legal defense fund to help cover its legal bills, saying it takes seriously its obligation to protect its sources and not yield to demands for its footage and records from companies or the government.