TOM PYLE: Litigation Abroad, Higher Bills At Home

(Photo by FRED TANNEAU/AFP via Getty Images)

After an American court held Greenpeace accountable for its role in the 2016 Dakota Access Pipeline protests, to the tune of $345 million, the organization is now seeking relief in a Dutch court in an attempt to unwind that judgment. This is not just another legal dispute. It raises a fundamental question about whether companies can rely on American court decisions when committing capital to long-term infrastructure projects that require billions of dollars and years of planning.

If Greenpeace is successful, activist groups gain a pathway to extend infrastructure disputes beyond U.S. courts. This sends a message to energy producers that their projects are not fully protected by American law. If they pursue legal remedies for damages incurred during violent protests, a European court could counteract any damages awarded in an American courtroom. In Greenpeace’s case, the protests included attacks on workers and law enforcement, acts of arson, and online defamation.

Foreign efforts to reopen U.S. court decisions create hesitation at a crucial moment, when the........

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