Activists May Argue Pipeline Shutdown Was Necessary Due to Climate Change, Court Rules
The Minnesota Court of Appeals ruled Monday that four climate activists facing criminal charges may use an unusual "necessity defense" over their efforts to shut down a pair of tar sands pipelines owned by Enbridge Energy.
"Valve turners" Emily Johnston and Annette Klapstein were charged after shutting off the emergency valves on the two pipelines in October 2016. Johnston and Klapstein, and the two defendants who filmed them, argue their actions to stop the flow of the polluting bitumen were justified due to the threat of climate change.
The pipelines targeted were Enbridge line 4 and 67 in Leonard, Minnesota; TransCanada's Keystone pipeline in Walhalla, North Dakota; Spectra Energy's Express pipeline at Coal Banks Landing, Montana; and Kinder Morgan's Trans-Mountain pipeline in Anacortes, Washington.
5 Climate Activists Shut Down 5 Tar Sands Pipelines https://t.co/3IZWbkh9bZ @NoTarSands @tarsandsRESIST— EcoWatch (@EcoWatch)1476237008.0
The case now heads to trial in Clearwater County later this year. This court's decision allows the defense to call on climate scientists and other experts to explain the threat of climate change during the trial.
"The Minnesota Court of Appeals has upheld our right to present the facts on the ongoing climate catastrophe, caused largely by the fossil fuel industry, to a Minnesota jury," Klapstein told the Associated Press in a statement. "As a retired attorney, I am encouraged to see that courts across the country seem increasingly willing to allow the necessity defense in climate cases."
The activists face felony charges of criminal damage to property and other counts.
In October, a district court judge ruled that he will allow the pipeline protesters to present the necessity defense for the charges. State prosecutors challenged the decision and the Minnesota Court of Appeals heard oral arguments in February.
According to the Associated Press, the three-judge appeals panel ruled 2-1 Monday that the prosecutor failed to show that allowing the necessity defense will have a "critical impact" on the outcome of the protesters' trials.
However, Appeals Judge Francis Connolly wrote in a dissenting opinion that the necessity defense does not apply "because there is no direct, causal connection between respondents' criminal trespass and the prevention of global warming."
"This case is about whether respondents have committed the crimes of damage to property and trespass. It is not about global warming," Connolly wrote.
This is not the first time a court has dismissed charges against a group of protesters using the defense. Last month, a Boston judge sided with 13 climate activists who were arrested for protesting the West Roxbury Mass Lateral Pipeline. The protestors argued the threat of climate change necessitated their civil disobedience.
Boston Judge Acquits 13 Pipeline Protesters in Groundbreaking Decision https://t.co/u5U1hiT0da @TarSandsAction @NoTarSands— EcoWatch (@EcoWatch)1522271109.0
- Redwoods are the world's tallest trees.
- Now scientists have discovered they are even bigger than we thought.
- Using laser technology they map the 80-meter giants.
- Trees are a key plank in the fight against climate change.
They are among the largest trees in the world, descendants of forests where dinosaurs roamed.
Pixabay / Simi Luft<p><span>Until recently, measuring these trees meant scaling their 80 meter high trunks with a tape measure. Now, a team of scientists from University College London and the University of Maryland uses advanced laser scanning, to create 3D maps and calculate the total mass.</span></p><p>The results are striking: suggesting the trees <a href="https://www.nature.com/articles/s41598-020-73733-6" target="_blank" rel="noopener noreferrer">may be as much as 30% larger than earlier measurements suggested.</a> Part of that could be due to the additional trunks the Redwoods can grow as they age, <a href="https://www.nature.com/articles/s41598-020-73733-6" target="_blank" rel="noopener noreferrer">a process known as reiteration</a>.</p>
New 3D measurements of large redwood trees for biomass and structure. Nature / UCL<p>Measuring the trees more accurately is important because carbon capture will probably play a key role in the battle against climate change. Forest <a href="https://www.wri.org/blog/2020/09/carbon-sequestration-natural-forest-regrowth" target="_blank">growth could absorb billions of tons</a> of carbon dioxide from the atmosphere each year.</p><p>"The importance of big trees is widely-recognised in terms of carbon storage, demographics and impact on their surrounding ecosystems," the authors wrote<a href="https://www.nature.com/articles/s41598-020-73733-6" target="_blank"> in the journal Nature</a>. "Unfortunately the importance of big trees is in direct proportion to the difficulty of measuring them."</p><p>Redwoods are so long lived because of their ability to <a href="https://www.nature.com/articles/s41598-020-73733-6" target="_blank" rel="noopener noreferrer">cope with climate change, resist disease and even survive fire damage</a>, the scientists say. Almost a fifth of their volume may be bark, which helps protect them.</p>
Carbon Capture Champions<p><span>Earlier research by scientists at Humboldt University and the University of Washington found that </span><a href="https://www.sciencedirect.com/science/article/pii/S0378112716302584" target="_blank" rel="noopener noreferrer">Redwood forests store almost 2,600 tonnes of carbon per hectare</a><span>, their bark alone containing more carbon than any other neighboring species.</span></p><p>While the importance of trees in fighting climate change is widely accepted, not all species enjoy the same protection as California's coastal Redwoods. In 2019 the world lost the equivalent of <a href="https://www.worldwildlife.org/threats/deforestation-and-forest-degradation" target="_blank" rel="noopener noreferrer">30 soccer fields of forest cover every minute</a>, due to agricultural expansion, logging and fires, according to The Worldwide Fund for Nature (WWF).</p>
Pixabay<p>Although <a href="https://c402277.ssl.cf1.rackcdn.com/publications/1420/files/original/Deforestation_fronts_-_drivers_and_responses_in_a_changing_world_-_full_report_%281%29.pdf?1610810475" target="_blank" rel="noopener noreferrer">the rate of loss is reported to have slowed in recent years</a>, reforesting the world to help stem climate change is a massive task.</p><p><span>That's why the World Economic Forum launched the Trillion Trees Challenge (</span><a href="https://www.1t.org/" target="_blank" rel="noopener noreferrer">1t.org</a><span>) and is engaging organizations and individuals across the globe through its </span><a href="https://uplink.weforum.org/uplink/s/uplink-issue/a002o00000vOf09AAC/trillion-trees" target="_blank" rel="noopener noreferrer">Uplink innovation crowdsourcing platform</a><span> to support the project.</span></p><p>That's backed up by research led by ETH Zurich/Crowther Lab showing there's potential to restore tree coverage across 2.2 billion acres of degraded land.</p><p>"Forests are critical to the health of the planet," according to <a href="https://www.1t.org/" target="_blank" rel="noopener noreferrer">1t.org</a>. "They sequester carbon, regulate global temperatures and freshwater flows, recharge groundwater, anchor fertile soil and act as flood barriers."</p><p><em data-redactor-tag="em" data-verified="redactor">Reposted with permission from the </em><span><em data-redactor-tag="em" data-verified="redactor"><a href="https://www.weforum.org/agenda/2021/03/redwoods-store-more-co2-and-are-more-enormous-than-we-thought/" target="_blank">World Economic Forum</a>.</em></span></p>
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