Judge demands explanation in Dakota Access lawsuit

BISMARCK, N.D. — A federal judge has set a Monday deadline for environmental group Earth First to explain what he says appears to be discrepancies in its argument that it can’t be sued for opposing the Dakota Access oil pipeline.

Pipeline developer Energy Transfer Partners last August sued Earth First, Greenpeace and BankTrack for up to $1 billion, alleging the groups worked to undermine the $3.8 billion project.

The Center for constitutional Rights maintains Earth First is an unstructured social movement or philosophy, similar to Black Lives Matter, and thus that can’t be sued.

But U.S. District Judge Billy Roy Wilson says Earth First has been a listed plaintiff in three other federal lawsuits. He says that if Earth First can sue, it seems to him that it’s also subject to being sued.