Quantcast
Energy
Climate activists Emily Johnston and Annette Klapstein shut down Enbridge's tar sands pipelines 4 and 67 in Minnesota on Oct. 11, 2016. Shutitdown.today

Judge Allows Vital 'Necessity Defense' for Climate Activists

By Jessica Corbett

In a decision that is being called "groundbreaking" and "precedent-setting," a district court judge in Minnesota has ruled that he will allow oil pipeline protesters to present a "necessity defense" for charges related to a multi-state action by climate activists last October.

In his decision last week, Judge Robert Tiffany ruled that four activists who participated in the #ShutItDown action—in which pipelines across five states were temporarily disabled, halting the flow of tar sands oil from Canada into the U.S.—may present scientists and other expert witnesses to explain the immediate threat of climate change to justify their action.


"The ruling is only the third time a judge in the United States has allowed for such a defense in a climate case," InsideClimateNews reported. "The first case, in Massachusetts in 2014, did not go to trial after the prosecutor dropped the charges. A judge allowed the necessity defense in a Washington State case in 2016 but then instructed jurors they could not acquit on necessity."

This is the third "valve turner" case to go to court, but the first time a necessity defense has been allowed for this group of activists. Earlier this year, valve turner Ken Ward was convicted of one felony in Washington state.

In North Dakota earlier this month, valve turner Michael Foster was convicted of two felonies and a misdemeanor, while Sam Jessup, who livestreamed Foster's protest, was convicted of one felony and one misdemeanor. Climate experts including Dr. James Hansen—"the father of modern climate change awareness"—traveled to North Dakota to appear in court but were barred from testifying.

This latest case in Minnesota involves valve turners Emily Johnston and Annette Klapstein as well as videographer Steve Liptay and support person Ben Joldersma, who will be tried separately but are also allowed to present a necessity defense.

"What we did is not in dispute," said Klapstein. "The only question before the jury will be whether our action was necessary to prevent imminent climate catastrophe. Now we'll be able to present evidence connecting the devastation we're seeing—from hurricanes in the Caribbean to wildfires throughout western North America—to an oil-soaked political system utterly failing to respond."

"Finally, we'll get to bring climate experts into a court of law, to describe the distance between our current reality and what physics demands of us if we hope to leave a stable planet for our kids," said Johnston. "Doing so means there's an outside chance we can bridge that distance—and we need every chance we can get."

Hansen—who told Common Dreams that he believes jurors would have found Foster and Jessup innocent if a necessity defense were allowed in that case—is expected to testify in support of the Minnesota defendants.

"The whole planet will be inside a single courtroom the day this trial begins," said climate activist Bill McKibben, another potential expert witness. "It's a rare chance to explain precisely why we need to act, and act now."

Reposted with permission from our media associate Common Dreams.

Show Comments ()

EcoWatch Daily Newsletter

Sponsored
Renewable Energy
A prototype of GE's massive new wind turbine will be installed in the industrial area of Maasvlakte 2 in Rotterdam. GE Renewable Energy

World's Largest Wind Turbine to Test Its Wings in Rotterdam

Rotterdam's skyline will soon feature the world's largest and most powerful offshore wind turbine.

GE Renewable Energy announced on Wednesday it will install the first 12-megawatt Haliade-X prototype in the Dutch city this summer. Although it's an offshore wind turbine by design, the prototype will be installed onshore to facilitate access for testing.

Keep reading... Show less
Insights/Opinion
Colorful, fresh organic vegetables. fcafotodigital / Getty Images

A New Diet for the Planet

By Tim Radford

An international panel of health scientists and climate researchers has prescribed a new diet for the planet: more vegetables, less meat, fresh fruit, whole grains and pulses, give up sugar, waste less and keep counting the calories.

And if 200 nations accept the diagnosis and follow doctor's orders, tomorrow's farmers may be able to feed 10 billion people comfortably by 2050, help contain climate change, and prevent 11 million premature deaths per year.

Keep reading... Show less
Popular
Children's books about the environment. U.S. Air Force photo / Karen Abeyasekere

This State Might Require Public Schools to Teach Climate Change

Reading, writing, arithmetic ... and climate science. That doesn't have the same ring as the "three Rs" of education, but Connecticut could one day require the subject to be on the curriculum, The Associated Press reported.

A Connecticut state lawmaker is pushing a bill to mandate the teaching of climate change in public schools throughout the state, starting in elementary school.

Keep reading... Show less
Climate
NASA's ICESCAPE mission investigates the changing conditions in the Arctic. NASA / Kathryn Hansen

These Eye-Opening Memes Show the Real 10-Year Challenge

Before-and-after photos of your friends have probably taken over your Facebook and Instagram feeds, but environmentalists are using the #10YearChallenge to insert a dose of truth.

Memes of shrinking glaciers, emaciated polar bears and coral bleaching certainly subvert the feel-good viral sensation, but these jarring images really show our planet in a worrying state of flux.

Keep reading... Show less
Sponsored
Popular
Vial containing swab from a deceased duck, collected for testing during the 2014-2015 avian influenza outbreak. © 2015 Erica Cirino, used with permission.

Could Trump’s Government Shutdown Cause Outbreaks of Wildlife Disease?

By Erica Cirino

The current U.S. government shutdown could worsen ongoing wildlife disease outbreaks or even delay responses to new epidemics, according to federal insiders and outside experts who work with federal wildlife employees.

Keep reading... Show less
Health
Vegan raw cheese from cashew nuts. byheaven/ iStock / Getty Images

Vegan Cheese: What’s the Best Dairy-Free Option?

By Ansley Hill, RD, LD

Cheese is one of the most beloved dairy products across the globe. In the U.S. alone, each person consumes more than 38 pounds (17 kg) of cheese per year, on average (1).

Keep reading... Show less
Sponsored
Insights/Opinion
Sun setting behind the Fawley Oil Refinery in Fawley, England. Clive G' / CC BY-ND 2.0

Even Davos Elite Warns Humanity Is 'Sleepwalking Into Catastrophe'

By Jessica Corbett

Ahead of the World Economic Forum's (WEF) annual meeting in Davos, Switzerland next week—which convenes the world's wealthiest and most powerful for a summit that's been called both the "money Oscars" and a "threat to democracy"—the group published a report declaring, "Of all risks, it is in relation to the environment that the world is most clearly sleepwalking into catastrophe."

Keep reading... Show less
Energy
Robusta coffee beans growing on a tree. Dag Sundberg / Getty Images

60% of Wild Coffee Species at Risk for Extinction

If humans don't wake up now to the threats posed by climate change and habitat loss, we may be in for a permanently sleepy future. A study led by scientists from the Royal Botanic Gardens, Kew found that 60 percent of wild coffee species are at risk for extinction.

Keep reading... Show less
Sponsored

mail-copy

The best of EcoWatch, right in your inbox. Sign up for our email newsletter!