BISMARCK, N.D. (AP) — A federal judge has dismissed a second defendant in a $1 billion racketeering lawsuit that the developer of the Dakota Access oil pipeline filed against environmental groups.

Judge Billy Roy Wilson ruled Texas-based Energy Transfer Partners failed to make a case that Earth First is an entity that can be sued.

The Center for Constitutional Rights had argued Earth First is a philosophy or movement similar to Black Lives Matter, and can't be sued.

ETP sued Earth First, BankTrack and Greenpeace last August, alleging they worked to undermine the $3.8 billion pipeline that's now moving North Dakota oil to Illinois.

Wilson in July ruled the company had no claim against BankTrack. The Dutch environmental group urged banks not to finance the pipeline. Wilson said that didn't amount to radical ecoterrorism.

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