I Committed Civil Disobedience by Blocking Oil Trains in Portland, Oregon — and Won
By Jan Zuckerman
A few weeks ago, I showed the world that I am not a criminal, despite having been arrested and charged with first-degree criminal trespass. In a five to one vote, a Multnomah County, Oregon, jury refused to convict me and four fellow activists in our historic trial for blocking tar sands oil trains entering Portland.
A week later, the Multnomah County District Attorney dismissed our case. The dismissal offers an implicit admission that with consciousness of the climate crisis growing every day, prosecutors here would not be able to secure a conviction of people who engage in civil disobedience on behalf of the planet.
Here's the background to this victory. Last April, on Easter Sunday morning, along with other members of Extinction Rebellion, I helped build a garden on the railroad tracks at the Zenith Energy Export Terminal, blocking the processing of trains carrying tar sands crude oil for export. As I sat on the tracks with my friends that day, I thought about my grandchildren's future, a future that has been made uncertain by the existential threat of the climate crisis. Thirty-four hours later we were arrested by Portland Police and charged with criminal trespass in the second degree.
A week later, we came back and did it again. This time, the police charged us with criminal trespass in the first degree.
Five of us pled not guilty "by reason of necessity." With the help of our legal team and the Civil Liberties Defense Center, we presented a "choice of evils" defense to a jury.
The first hint that the prosecution was going to have trouble convicting us came during the voir dire portion of jury selection. In questioning, each of the 35 prospective jurors acknowledged that climate change is real, is human-caused, and is serious. Several members of the jury pool said that they would be unable to convict anyone for civil disobedience on behalf of the planet.
Once our jury was seated, we argued that we were obliged to break the law in an effort to prevent the greater evil of climate catastrophe. The judge allowed three days of extensive testimony from the five defendants, along with expert witnesses. Jury deliberation took almost a full day, at the end of which, the jury announced it was deadlocked, and the judge declared a mistrial. Later we learned that five members of the six-person jury voted for acquittal.
Actions like ours are the only tactic that we — everyday people — have left to address the climate crisis. We have lobbied our elected officials, organized demonstrations, and supported litigation, all to no avail. Even our few wins have turned out to be short-lived.
We worked tirelessly to push the city of Portland to adopt a ban on the creation or expansion of new fossil fuel infrastructure within city limits. This organizing was victorious when, in 2016, Portland's city council adopted the Fossil Fuel Terminal Zoning Amendments. But the fossil fuel industry has continued to challenge the law and expand in our city. And using an old construction permit, Zenith Energy flouts community sentiment and the city's intent and has almost quadrupled its capacity, from 12 to 44 rail cars at a time.
To make things worse, much of the crude oil that Zenith processes is Alberta tar sands oil, perhaps the most dangerous and dirtiest fossil fuel on the planet. In 2018, Zenith "flipped" an old, run-down site and increased crude oil exports from a value of $2,532 a year to $71 million in 2018. Portlanders were outraged, yet city officials claimed they could not stop this expansion.
In the face of this grave injustice, we must ask ourselves, who are the real criminals here? Me — a mother, grandmother, and retired teacher, who sat on railroad tracks? Or Zenith Energy, the Texas corporation subverting our local democracy and putting our city and climate at risk?
In 2019, 9,167 rail cars came to Zenith, according to the Oregon Department of Transportation. That's more than three times the 2,836 cars that came in 2018. With an industry standard of 90-100 oil-filled cars per train, that's more than 90 trains a year — almost two per week. And with each train carrying as much as 70,000 barrels of oil, that amounts to 6.3 million barrels of crude oil a year. Consumption of that oil is the equivalent of 2.7 million metric tons of carbon dioxide spewing into our atmosphere, the same as 583,000-plus cars driving for over a year. And that is just from combustion, without accounting for the much larger emissions from tar sands oil or its full life cycle. To me and my co-defendants, Zenith's contributions to the climate crisis are a crime against humanity.
If we want to ensure a future for our children and grandchildren, companies like Zenith must be stopped.
The strategy of mass civil disobedience is the most effective tactic that we can use. When all legal methods of change have been tried and proven ineffective — a mass movement of non-cooperation that shuts down business-as-usual is the only choice that we have left.
I used to tell my kids: "When you are in a hole, the best thing to do is to stop digging." Yet, it seems that our leaders are unwilling or unable to drop the shovel. It has fallen upon us to tear that shovel from their hands.
I urge you to join us.
Jan Zuckerman taught elementary and middle school in Portland, Oregon for 30 years, and now works with Extinction Rebellion and the Portland Public Schools Climate Justice Committee.
Reposted with permission from Common Dreams.
- Extinction Rebellion Portland - XR PDX - Home | Facebook ›
- Oregon Jury Refuses to Convict Extinction Rebellion Portland ... ›
- Native Americans gather in Portland to protest oil sands shipments ... ›
- City Of Portland To Host Forum On Zenith Tar Sands Terminal ... ›
- Protesters block train track near NW Portland oil export terminal ... ›
Fifteen states are in for an unusually noisy spring.
- Millions of Cicadas Set to Emerge After 17 Years Underground ... ›
- Cicadas Show Up 4 Years Early - EcoWatch ›
EcoWatch Daily Newsletter
Deep in the woods, a hairy, ape-like man is said to be living a quiet and secluded life. While some deny the creature's existence, others spend their lives trying to prove it.
- Why Hunting Isn't Conservation, and Why It Matters - Rewilding ›
- Decline In Hunters Threatens How U.S. Pays For Conservation : NPR ›
- Is Hunting Conservation? Let's examine it closely ›
- Oklahoma Department of Wildlife Conservation | Oklahoma ... ›
- Oklahoma Bill Calls for Bigfoot Hunting Season | Is Bigfoot Real? ›
By Jon Queally
Noted author and 350.org co-founder Bill McKibben was among the first to celebrate word that the president of the European Investment Bank on Wednesday openly declared, "To put it mildly, gas is over" — an admission that squares with what climate experts and economists have been saying for years if not decades.
- Fossil Fuel Industry Is Now 'in the Death Knell Phase': CNBC's Jim ... ›
- Mayors of 12 Major Global Cities Pledge Fossil Fuel Divestment ... ›
- World's Largest Public Bank Ditches Oil and Coal in Victory for the ... ›
Nine feet tall is gigantic by human standards, but when researcher and conservationist Michael Brown spotted a giraffe in Uganda's Murchison Falls National Park that measured nine feet, four inches, he was shocked.
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="54af350ee3a2950e0e5e69d926a55d83"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/yf4NRKzzTFk?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
- Giraffe Parts Sold Across U.S. Despite Plummeting Wild Populations ... ›
- Green Groups Sue to Get Giraffes on Endangered Species List ... ›
- Conservationists Sound Alarm on Plummeting Giraffe Numbers ... ›
By Daisy Simmons
1. Stay Informed<p>A first order of business in pet evacuation planning is to understand and be ready for the possible threats in your area. Visit <a href="https://www.ready.gov/be-informed" target="_blank">Ready.gov</a> to learn more about preparing for potential disasters such as floods, hurricanes, and wildfires. Then pay attention to related updates by tuning <a href="http://www.weather.gov/nwr/" target="_blank">NOAA Weather Radio</a> to your local emergency station or using the <a href="https://www.fema.gov/mobile-app" target="_blank">FEMA app</a> to get National Weather Service alerts.</p>
2. Ensure Your Pet is Easily Identifiable<p><span>Household pets, including indoor cats, should wear collars with ID tags that have your mobile phone number. </span><a href="https://www.avma.org/microchipping-animals-faq" target="_blank" rel="noopener noreferrer">Microchipping</a><span> your pets will also improve your chances of reunion should you become separated. Be sure to add an emergency contact for friends or relatives outside your immediate area.</span></p><p>Additionally, use <a href="https://secure.aspca.org/take-action/order-your-pet-safety-pack" target="_blank" rel="noopener noreferrer">'animals inside' door/window stickers</a> to show rescue workers how many pets live there. (If you evacuate with your pets, quickly write "Evacuated" on the sticker so first responders don't waste time searching for them.)</p>
3. Make a Pet Evacuation Plan<p> "No family disaster plan is complete without including your pets and all of your animals," says veterinarian Heather Case in <a href="https://www.youtube.com/watch?v=Q9NRJkFKAm4" target="_blank">a video</a> produced by the American Veterinary Medical Association.</p><p>It's important to determine where to take your pet in the event of an emergency.</p><p>Red Cross shelters and many other emergency shelters allow only service animals. Ask your vet, local animal shelters, and emergency management officials for information on local and regional animal sheltering options.</p><p>For those with access to the rare shelter that allows pets, CDC offers <a href="https://www.cdc.gov/healthypets/emergencies/pets-in-evacuation-centers.html" target="_blank">tips on what to expect</a> there, including potential health risks and hygiene best practices.</p><p>Beyond that, talk with family or friends outside the evacuation area about potentially hosting you and/or your pet if you're comfortable doing so. Search for pet-friendly hotel or boarding options along key evacuation routes.</p><p>If you have exotic pets or a mix of large and small animals, you may need to identify multiple locations to shelter them.</p><p>For other household pets like hamsters, snakes, and fish, the SPCA recommends that if they normally live in a cage, they should be transported in that cage. If the enclosure is too big to transport, however, transfer them to a smaller container temporarily. (More on that <a href="https://www.spcai.org/take-action/emergency-preparedness/evacuation-how-to-be-pet-prepared" target="_blank" rel="noopener noreferrer">here</a>.)</p><p>For any pet, a key step is to establish who in your household will be the point person for gathering up pets and bringing their supplies. Keep in mind that you may not be home when disaster strikes, so come up with a Plan B. For example, you might form a buddy system with neighbors with pets, or coordinate with a trusted pet sitter.</p>
4. Prepare a Pet Evacuation Kit<p>Like the emergency preparedness kit you'd prepare for humans, assemble basic survival items for your pets in a sturdy, easy-to-grab container. Items should include:</p><ul><li>Water, food, and medicine to last a week or two;</li><li>Water, food bowls, and a can opener if packing wet food;</li><li>Litter supplies for cats (a shoebox lined with a plastic bag and litter may work);</li><li>Leashes, harnesses, or vehicle restraints if applicable;</li><li>A <a href="https://www.avma.org/resources/pet-owners/emergencycare/pet-first-aid-supplies-checklist" target="_blank">pet first aid kit</a>;</li><li>A sturdy carrier or crate for each cat or dog. In addition to easing transport, these may serve as your pet's most familiar or safe space in an unfamiliar environment;</li><li>A favorite toy and/or blanket;</li><li>If your pet is prone to anxiety or stress, the American Kennel Club suggests adding <a href="https://www.akc.org/expert-advice/home-living/create-emergency-evacuation-plan-dog/" target="_blank" rel="noopener noreferrer">stress-relieving items</a> like an anxiety vest or calming sprays.</li></ul><p>In the not-unlikely event that you and your pet have to shelter in different places, your kit should also include:</p><ul><li>Detailed information including contact information for you, your vet, and other emergency contacts;</li><li>A list with phone numbers and addresses of potential destinations, including pet-friendly hotels and emergency boarding facilities near your planned evacuation routes, plus friends or relatives in other areas who might be willing to host you or your pet;</li><li>Medical information including vaccine records and a current rabies vaccination tag;</li><li>Feeding notes including portions and sizes in case you need to leave your pet in someone else's care;</li><li>A photo of you and your pet for identification purposes.</li></ul>
5. Be Ready to Evacuate at Any Time<p>It's always wise to be prepared, but stay especially vigilant in high-risk periods during fire or hurricane season. Practice evacuating at different times of day. Make sure your grab-and-go kit is up to date and in a convenient location, and keep leashes and carriers by the exit door. You might even stow a thick pillowcase under your bed for middle-of-the-night, dash-out emergencies when you don't have time to coax an anxious pet into a carrier. If forecasters warn of potential wildfire, a hurricane, or other dangerous conditions, bring outdoor pets inside so you can keep a close eye on them.</p><p>As with any emergency, the key is to be prepared. As the American Kennel Club points out, "If you panic, it will agitate your dog. Therefore, <a href="https://www.akc.org/expert-advice/home-living/create-emergency-evacuation-plan-dog/" target="_blank" rel="noopener noreferrer">pet disaster preparedness</a> will not only reduce your anxiety but will help reduce your pet's anxiety too."</p>
Evacuating Horses and Other Farm Animals<p>The same basic principles apply for evacuating horses and most other livestock. Provide each with some form of identification. Ensure that adequate food, water, and medicine are available. And develop a clear plan on where to go and how to get there.</p><p>Sheltering and transporting farm animals requires careful coordination, from identifying potential shelter space at fairgrounds, racetracks, or pastures, to ensuring enough space is available in vehicles and trailers – not to mention handlers and drivers on hand to support the effort.</p><p>For most farm animals, the Red Cross advises that you consider precautionary evacuation when a threat seems imminent but evacuation orders haven't yet been announced. The American Veterinary Medical Association has <a href="https://www.avma.org/resources/pet-owners/emergencycare/large-animals-and-livestock-disasters" target="_blank">more information</a>.</p>
Bottom Line: If You Need to Evacuate, So Do Your Pets<p>As the Humane Society warns, pets left behind in a disaster can easily be injured, lost, or killed. Plan ahead to make sure you can safely evacuate your entire household – furry members included.</p>
- 5 Ways to Be an Eco-Friendly Pet Owner - EcoWatch ›
- Can Your Pets Get and Transmit Coronavirus? - EcoWatch ›