Multnomah DA drops case against Zenith 5
For immediate release: Thursday, March 12, 2020
Contacts:
Ken Ward, 503.504.3534, [email protected]gmail.com
Lauren Regan, 541.687.9180, [email protected]
Dylan Plummer, 541.531.1858, [email protected]
Multnomah District Attorney Drops Case Against the’ Zenith Five’ Climate Activists After Mistrial
One week After jury deadlocks 5-1, DA drops charges in a victory for the activists
Portland, OR - Multnomah County Assistant Prosecutor Leslie Wu today informed the court that “the State will be unable to proceed,” in scheduling a retrial of ‘The Zenith Five’, activists charged with criminal trespass for building a vegetable garden on railroad tracks last April, blocking oil trains from entering the Zenith Energy Terminal. The court’s dismissal of charges follows a hung jury in the first trial, when jurors deadlocked 5-1 in favor of the defense, after hearing from all five defendants and three expert witnesses in one of the nation’s first “climate necessity defenses.”
March 12, 2020
[UPDATE: Trial Rescheduled] Prominent Valve Turner Goes to Trial: Ken Ward to Present Climate Necessity Defense to Jury
For immediate release:
February 12, 2020
Media Contacts:
Dylan Plummer, Climate Direct Action; 541.531.1858; [email protected]
Lauren Regan, Executive Director and Senior Staff Attorney, Civil Liberties Defense Center; 541.687.9180; [email protected]
Alice Cherry, Attorney, Climate Defense Project; 847.859.9572; alice@climatedefenseproject.org
[UPDATE: Trial Rescheduled] Prominent Valve Turner Goes to Trial: Ken Ward to Present Climate Necessity Defense to Jury
After a huge win in the Washington Court of Appeals, Ward will be allowed to bring in expert witnesses to speak to the necessity of urgent action in response to the climate emergency
Mount Vernon, WA - On Monday, February 10, “Valve Turner” Ken Ward was to be tried in Skagit County Superior Court for the non-violent actions that he took in 2016 to shut off the flow of tar sands oil into the United States.
However, on February 3, the court granted the Prosecution’s motion to delay the proceedings. The new trial date has been set for the week of May 4, 2020.
After a Washington Court of Appeals issued a unanimous decision in his favor, overturning his conviction on burglary (which followed a trial with a hung jury), Ward is facing prosecution for a third time. Ward will be allowed by the court to present a climate necessity defense to the jury, making the case that his actions were justified due to the imminent threat that climate change poses to human life.
WHAT: On October 11, 2016, Ward participated in a nonviolent action that shut down the Trans Mountain pipeline carrying Canadian tar sands oil. Ward’s action in Skagit County, Washington was part of a nonviolent coordinated climate action against all five pipelines carrying Canadian tar sands oil into the United States, which Reuters reported “shook the North American energy industry,” and resulted in multiple charges against the five “Valve Turners,” including Ward, Michael Foster, Emily Johnston, Annette Klapstein, and Leonard Higgins, along with several supporters and videographers. Ward will be the first of the Valve Turners to present a climate necessity defense to a jury, and will be joined in the courtroom by several expert witnesses. Those experts will most likely include Princeton Professor of Politics Martin Gilens, Nobel Laureate Dr. Steven Running, author of the National Pipeline Safety Standards Dr. Anthony Ingraffea, Executive Director of the Albert Einstein Institution Jamila Raqib, and leading climate scientist Dr. James Hansen.
WHERE: Skagit County Superior Court, Mt. Vernon, Washington
WHEN: 8:30-5pm, May 4-9, 2020
Defense: Lauren Regan with the Civil Liberties Defense Center, Washington attorney Ralph Hurwitz, and Alice Cherry with Climate Defense Project are litigating the criminal trial where the climate necessity defense will be asserted, as granted by the Appeals Court ruling.
Background and Resources
See bios for Ken and all of the Valve-Turners here.
Read the historic 2019 opinion from the Washington Court of Appeals on Ward’s trial here.
See this February 2018 piece in New York Times Magazine for an in-depth look at the Valve-Turners and check out other media coverage of the actions and previous Valve-Turner trials here.
More on the Climate Necessity Defense here and here.
There will be a livestream of the trial available on the Climate Direct Action Facebook page.
NOTE TO EDITORS AND PRODUCERS:
The defendant and defense attorneys are available for comment and may grant interviews on request. For further information, to request copies of court documents or to arrange interviews, please contact Dylan Plummer, [email protected], 541.531.1858.
The Civil Liberties Defense Center supports movements that seek to dismantle the political and economic structures at the root of social inequality and environmental destruction.
The Climate Defense Project supports front-line activists, pursues climate impact litigation, and connects attorneys with communities and campaigns.
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February 12, 2020
[UPDATE: Trial Delayed] Prominent Valve Turner Goes to Trial: Ken Ward to Present Climate Necessity Defense to Jury
For immediate release:
February 4, 2020
Media Contacts:
Dylan Plummer, Climate Direct Action; 541.531.1858; [email protected]
Lauren Regan, Executive Director and Senior Staff Attorney, Civil Liberties Defense Center; 541.687.9180; [email protected]
Alice Cherry, Attorney, Climate Defense Project; 847.859.9572; alice@climatedefenseproject.org
[UPDATE: Trial Delayed] Prominent Valve Turner Goes to Trial: Ken Ward to Present Climate Necessity Defense to Jury
After a huge win in the Washington Court of Appeals, Ward will be allowed to bring in expert witnesses to speak to the necessity of urgent action in response to the climate emergency
Mount Vernon, WA - On Monday, February 10, “Valve Turner” Ken Ward was to be tried in Skagit County Superior Court for the non-violent actions that he took in 2016 to shut off the flow of tar sands oil into the United States.
However, on February 3, the court granted the Prosecution’s motion to delay the proceedings. The new trial date will depend on the availability of expert witnesses and attorneys, and is likely to be later this spring. Contact Dylan Plummer for more details: [email protected]
After a Washington Court of Appeals issued a unanimous decision in his favor, overturning his conviction on burglary (which followed a trial with a hung jury), Ward is facing prosecution for a third time. Ward will be allowed by the court to present a climate necessity defense to the jury, making the case that his actions were justified due to the imminent threat that climate change poses to human life.
WHAT: On October 11, 2016, Ward participated in a nonviolent action that shut down the Trans Mountain pipeline carrying Canadian tar sands oil. Ward’s action in Skagit County, Washington was part of a nonviolent coordinated climate action against all five pipelines carrying Canadian tar sands oil into the United States, which Reuters reported “shook the North American energy industry,” and resulted in multiple charges against the five “Valve Turners,” including Ward, Michael Foster, Emily Johnston, Annette Klapstein, and Leonard Higgins, along with several supporters and videographers. Ward will be the first of the Valve Turners to present a climate necessity defense to a jury, and will be joined in the courtroom by several expert witnesses. Those experts will most likely include Princeton Professor of Politics Martin Gilens, Nobel Laureate Dr. Steven Running, author of the National Pipeline Safety Standards Dr. Anthony Ingraffea, Executive Director of the Albert Einstein Institution Jamila Raqib, and leading climate scientist Dr. James Hansen.
WHERE: Skagit County Superior Court, Mt. Vernon, Washington
WHEN: TBA for some time later this spring
Defense: Lauren Regan with the Civil Liberties Defense Center, Washington attorney Ralph Hurwitz, and Alice Cherry with Climate Defense Project are litigating the criminal trial where the climate necessity defense will be asserted, as granted by the Appeals Court ruling.
Background and Resources
See bios for Ken and all of the Valve-Turners here.
Read the historic 2019 opinion from the Washington Court of Appeals on Ward’s trial here.
See this February 2018 piece in New York Times Magazine for an in-depth look at the Valve-Turners and check out other media coverage of the actions and previous Valve-Turner trials here.
More on the Climate Necessity Defense here and here.
There will be a livestream of the trial available on the Climate Direct Action Facebook page.
NOTE TO EDITORS AND PRODUCERS:
The defendant and defense attorneys are available for comment and may grant interviews on request. For further information, to request copies of court documents or to arrange interviews, please contact Dylan Plummer, [email protected], 541.531.1858.
The Civil Liberties Defense Center supports movements that seek to dismantle the political and economic structures at the root of social inequality and environmental destruction.
The Climate Defense Project supports front-line activists, pursues climate impact litigation, and connects attorneys with communities and campaigns.
###
February 07, 2020
Press Release 01.28.2020 - Prominent Valve Turner Goes to Trial: Ken Ward to Present Climate Necessity Defense to Jury
For immediate release:
January 27, 2020
Media Contacts:
Dylan Plummer, Climate Direct Action; 541.531.1858; [email protected]
Ken Ward, Defendant; 503.504.3534; [email protected]
Lauren Regan, Attorney, Civil Liberties Defense Center; 541.687.9180; [email protected]
Alice Cherry, Attorney, Climate Defense Project; 847.859.9572; alice@climatedefenseproject.org
Prominent Valve Turner Goes to Trial: Ken Ward to Present Climate Necessity Defense to Jury
After a huge win in the Washington Court of Appeals, Ward will be allowed to bring in expert witnesses to speak to the necessity of urgent action in response to the climate emergency
Mount Vernon, WA - On Monday, February 10, “Valve Turner” Ken Ward will be tried in Skagit County Superior Court for the actions that he took in 2016 to shut off the flow of tar sands oil into the United States. After a Washington Court of Appeals issued a unanimous decision in his favor, overturning his conviction on burglary (which followed a trial with a hung jury), Ward is facing prosecution for a third time. Ward will be allowed by the court to present a climate necessity defense to the jury, making the case that his actions were justified due to the imminent threat that climate change poses to human life. Rich Weyrich will prosecute the case with Superior Court Judge Laura Riquelme presiding.
WHAT: On October 11, 2016, Ward participated in an action that shut down the Trans Mountain pipeline carrying Canadian tar sands oil. Ward’s action in Skagit County, Washington was part of a coordinated climate action against all five pipelines carrying Canadian tar sands oil into the United States, which Reuters reported “shook the North American energy industry,” and resulted in multiple charges against the five “Valve Turners,” including Ward, Michael Foster, Emily Johnston, Annette Klapstein, and Leonard Higgins, along with several supporters and videographers. Ward will be the first of the Valve Turners permitted to present a climate necessity defense to a jury, and will be joined in the courtroom by expert witnesses including leading climate scientist Dr. James Hansen.
WHERE: Skagit County Superior Court, Mt Vernon, Washington
WHEN: 8:30 a.m. - 5 p.m. PST, February 10-14, 2020
Defense: Lauren Regan and Ralph Hurwitz with Civil Liberties Defense Center, and Alice Cherry with Climate Defense Project are preparing the climate necessity defense granted by the Appeals Court ruling.
Background and Resources
See bios for Ken and all of the Valve-Turners here.
See this February 2018 piece in New York Times Magazine for an in-depth look at the Valve-Turners and check out other media coverage of the actions and previous Valve-Turner trials here.
More on this Climate Necessity Defense here and here.
There will be a livestream of the trial available on the Climate Direct Action Facebook page.
NOTE TO EDITORS AND PRODUCERS:
The defendant and defense attorneys can comment and grant interviews on request. For further information, to request copies of court documents or to arrange interviews, please contact Dylan Plummer, [email protected], 541.531.1858.
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January 28, 2020
Press Release 09.05.2019 - WA STATE SUPREME COURT REFUSES TO REVIEW APPEALS COURT REVERSAL OF “VALVE TURNER” KEN WARD’S CONVICTION
FOR IMMEDIATE RELEASE
September 5, 2019
Contacts
Ken Ward, defendant
503 504 3534
[email protected]
Alice Cherry, attorney, Climate Defense Project
217 549 6439
[email protected]
Lauren Regan, attorney, Civil Liberties Defense Center
541 687 9180
[email protected]
Olympia, Washington - Yesterday, a three judge panel of the Washington Supreme Court unanimously denied a petition by the State of Washington, Skagit County, to review the April 8, 2019 Washington Court of Appeals decision overturning the conviction of Ken Ward for burglary in the second degree. The charges in the case stemmed from Ward's October 11, 2016 action shutting down the Kinder Morgan TransMountain pipeline carrying Canadian tar sands oil to refineries in Skagit County, as part of the multi-state “Shut It Down” climate action.
“This is just great!” said Ward after hearing the news, “I’ve said all along that I relish the chance to put the facts about climate catastrophe before a jury in Skagit County. I think that any reasonable group of citizens will agree that actions like the ‘Valve Turners’ are necessary if we’re to have any hope of avoiding the worst, given the stranglehold that the fossil fuel industry has on politics, and the speed of collapse.”
In two separate trials on felony charges of sabotage and burglary, in January and June, 2017, Ward was denied the common law necessity defense, which would have permitted him to argue that the harm caused by shutting the Kinder Morgan pipeline valve was justified by the far greater harm of imminent, catastrophic climate change. Ward was retried on the same charges after a jury hung - that is, failed to reach a decision - in the first trial.
Alice Cherry, of the Climate Defense Project, an attorney for Ward, said that “the Supreme Court’s unanimous decision not to disturb the ruling from the Court of Appeals is a victory for free expression and dissent in the State of Washington. It creates a strong legal basis for climate protesters to justify their actions in a court of law, and to defend themselves against prosecutorial overreach. This is significant, given that the fossil fuel industry is increasingly attempting to squelch public opposition to its expansion projects.”
The Supreme Court decision makes Washington the first state to affirmatively recognize the right of a climate activist to offer the necessity defense at trial.
"This victory upholds the right of a defendant to assert the necessity defense to the charges brought by the State, and also strengthens the essential role that a jury of community members will play in determining whether the accused should be found guilty or not," said Lauren Regan, attorney for Ken Ward, and Director of the Civil Liberties Defense Center.
Following conviction on one count of burglary at his second trial (with all other counts at both trials resulting in a hung jury), Ward appealed his conviction solely on the grounds that he was denied the only defense available to him, and was prevented from calling defense witnesses, included renowned experts Eric de Place, Bill McKibben, James Hansen, Richard Gammon, Celia Bitz, and Martin Gilens to support his claim of necessity. The Court of Appeals agreed, finding that the trial court's decision to exclude the necessity defense had violated Ward's Sixth Amendment right to a complete defense.
Ward’s action in Skagit County, WA was part of a coordinated climate action against all five pipelines carrying Canadian tar sands oil into the United States, which Reuters reported “shook the North American energy industry,” and resulted in multiple charges against the five “Valve Turners,” including Ward, Michael Foster, Emily Johnston, Annette Klapstein, and Leonard Higgins, along with several supporters and videographers. Higgins and Foster were both convicted on felony charges for their roles, with Foster spending six months in a North Dakota prison. Charges against Johnston and Klapstein were dropped when a Minnesota judge found the prosecution's evidence insufficient to support a conviction.
The Civil Liberties Defense Center, Ralph Hurvitz, and Climate Defense Project represented Ward at trial and during the appellate process.
September 05, 2019
Press Release 10.9.18 - Acquitted On All Charges
Contact:
Celia Alario: 310-721-6517 [email protected]
Alec Connon: 206-258-9176 [email protected]
BAGLEY, MN -- District Court Judge Robert Tiffany acquitted defendants of all charges today in the Clearwater County case of two “Valve Turners,” Annette Klapstein and Emily Johnston, and support person Ben Joldersma. Judge Tiffany ruled that the prosecution failed to demonstrate any evidence of damage to two Enbridge pipelines. Klapstein and Johnston faced state felony charges for their part in the “Shut It Down” climate direct action two years ago, in which climate activists successfully disrupted all five pipelines carrying Canadian tar sands crude oil into the United States.
The acquittal came a week after the climate activists were preparing to present a “climate necessity defense,” with expert testimony in areas including pipeline safety, climate science, climate policy and the efficacy of civil disobedience. The expert witnesses would have corroborated the defendants’ testimony that their actions were justified by the need to avert imminent climate catastrophe. However, in a stunning about-face last week, the court forbade all expert testimony related to climate change and civil disobedience, while still allowing safety testimony, and possibly testimony to direct, non-climate impacts of tar sands extraction and pipelines.
“The Judge found what I was about to tell the jury: that these defendants caused no damage to the two pipelines they closed. Indeed, they acted out of concern for communities that are harmed by fossil fuel pipelines, and the climate emergency,” said Dr. Anthony Ingraffea, an expert who authored the American Pipeline Institute pipeline safety guidelines.
“While I'm very glad that the court acknowledged that we did not damage the pipelines, I'm heartbroken that the jury didn't get to hear our expert witnesses and their profoundly important warnings about the climate crisis,” said defendant Emily Johnston, 52, a Seattle resident and poet. “We are fast losing our window of opportunity to save ourselves and much of the beauty of this world. We turned those valves to disrupt the business-as-usual that we know is leading to catastrophe, and to send a strong message that might focus attention to the problem. We will continue to do that in every peaceful way we can; the stakes are far too high for us not to," Johnston added.
With the acquittal, the case establishes two important legal precedents.
“Further, the defendants were acquitted of felony criminal damage to critical energy infrastructure and pipelines. In an attack on our democracy, this law, like others of its kind in 31 states, was pushed through the state legislature at the behest of the fossil fuel industry, which sought to increase the penalties against activists who dared to challenge the profiteering motives of some of the biggest corporations,” Regan said.
Dr. James Hansen was another of the expert witnesses scheduled to give testimony. “It's great that the defendants were found not guilty, but we missed an opportunity to inform the public about the injustice of climate change. Now we need to go on offense against the real criminals, the government,” said Former NASA Chief Scientist Dr. Hansen. “The government, especially the Trump Administration, is guilty of not protecting the constitutional rights of young people. They should have a plan to phase down fossil fuel emissions, but instead they aid and abet the expansion of fossil fuel mining, which, if not stopped, will guarantee devastating consequences for young people.”
“As older white people, we acknowledge that our white privilege may have resulted in better treatment in the legal system than activists of color often receive. That is why it is important for people of privilege to take bolder risk on behalf of the planet” said defendant Annette Klapstein. “There are lives in the balance, thousands of people are already dying from the effects of climate change and if we don’t put a stop to it, it will be millions within a few short years. It is morally unacceptable to me to stand idly by while even one life is sacrificed to the greedy oil company executives and their already rich shareholders and the banks who fund them can continue to make their even more obscene profits at the expense of all life on earth,” Klapstein added.
Ben Joldersma, defendant, software engineer and father of three:
“Standing up to the oil corporations is scary, and while my wife and I were aware of the risk we were taking, in the face of the things we will lose we knew being in support of Emily and Annette was the right decision. So, 20 or 30 years from now, as the world descends further into climate chaos and our kids ask us what were we doing in 2018, we can look them square in the eye and honestly tell them we did everything we could.
Annette Klapstein, retired attorney and grandmother:
Kelsey Skaggs, Attorney and Executive Director, Climate Defense Project:
“This case is about an act of civil disobedience. As part of the necessity defense, we were prepared to present evidence that civil disobedience is an effective way to influence social and policy change. Our expert witnesses would have testified about the rich tradition of civil disobedience in the United States--including the abolition of slavery, the women’s suffrage movement, and the Civil Rights Movement of the 1960s--and the important role of civil disobedience in fighting fossil fuels”
Alice Cherry, Attorney and Co-Founder, Climate Defense Project:
“Although the defendants were disappointed that they were unable to present their case to a jury, the acquittal is a significant step forward for activists who have increasingly turned to the court system to press their demands for action on climate change. In three cases involving Valve Turners in other states who coordinated their actions with the Minnesota activists, defendants were convicted after being denied the opportunity to present a necessity defense. In Minnesota, today’s courtroom victory follows a lengthy effort to defend the activists’ right to argue climate necessity, a battle which went all the way to the state supreme court.”
October 09, 2018
Press Release 10.08.18 - #ClimateTrial Day 1
For immediate release. For media inquiries contact: Celia Alario, [email protected], 1-310-721-6517.
Note: Because charges and potential penalties, while remaining very serious, have been reduced since they were mentioned in previous Valve Turner press releases, we list current Minnesota changes here.
As Landmark ‘Climate Necessity Defense’ Trial Opens Today in MN, Shocking Last Minute Court Ruling Silences Scientists Scheduled to Provide Expert Testimony
Bagley, MN – A groundbreaking ‘climate necessity defense’ trial of Valve Turners Emily Johnston, Annette Klapstein, and their support person Ben Joldersma begins today in Clearwater County, Minnesota. The three are standing trial for their role in a coordinated action in 2016 that shut down every tar sands crude pipeline coming into the United States. The action temporarily halted the flow of 2.8 million barrels of oil, which according to a report from Reuters was equivalent to 15% of daily U.S. oil consumption.
The trial has been delayed for over a year as the prosecution sought to overturn the District Court’s earlier written ruling expressly allowing a necessity defense, a decision upheld by a MN appeals court, and affirmed by the State’s Supreme Court.
Yet, in a stunning, 11th hour reversal by the court, attorneys Lauren Regan (Civil Liberties Defense Center ), Tim Phillips, and Kelsey Skaggs (Climate Defense Project) will be prohibited from calling their full suite of planned expert witnesses including climate scientists Dr. James E. Hansen, Dr. Mark Seeley and Dr. Peter Reich; public health expert Dr. Bruce Synder; renowned climate and policy experts Dr. Martin Gilens, Harvard Law Professor Lawrence Lessig, nonviolent direct action historian Jamila Raqib, Executive Director of the Albert Einstein Institution and 350.org cofounder Bill McKibben; and oil infrastructure expert Dr. Anthony Ingraffea. The experts were poised to testify on the overwhelming threats of climate change, and why the Valve Turners’ actions were not only right, but necessary in today’s challenging political paralysis.
Indicating that he believed that it would be confusing information for the jury, the court barred testimony from defense experts on the barriers to effective political action for addressing climate change, the efficacy of civil disobedience historically, and the imminence of climate change.
“I’m baffled by the surreal nature of this court’s decision and timing,” said Annette Klapstein. “We were looking forward to entrusting this case to a Minnesota jury of our peers to decide after hearing expert scientists and social scientists discuss the facts of climate change and public policy. By requiring us to establish the necessity defense, without allowing us to use our planned expert testimony to do so, the court has placed an overwhelming burden on us.”
“Four days before trial, for no apparent reason, the court eviscerated our defense, and essentially overruled itself,” defendant Emily Johnston, a Seattle-based poet, said. “It is impossible for us to properly defend ourselves without expert testimony.”
“The irony is that the judge may be proving our point—we acted as we did because we know that the paralysis and myopia of the executive and legislative branches with regard to climate change mean that the political system itself must be shaken up if there is to be any hope for all of us. We were hoping that the judiciary might show the way,” Johnston added.
The trial is expected to complete this week. If the jury is allowed to consider this testimony, it will be the first time a 'climate necessity defense' has been considered in a US jury trial.
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For more on the action and the trial: http://www.shutitdown.today/
Daily updates during the trial will be posted on the Shut It Down Facebook page.
On Twitter, follow @ClimateDA and @enjohnston, as well as the hashtags #ClimateTrial and #FossilFuelsOnTrial for the latest.
Background and Resources
Check out these short videos of Emily and Annette, and see bios for all the Valve-Turners here.
See this February 2018 piece in New York Times Magazine for an in-depth look at the Valve-Turners and check out other media coverage of the actions and previous Valve-Turner trials here.
More on this Climate Necessity Defense here and here.
Info about prior Valve Turner Cases: In Washington, Valve Turner Ken Ward had one hung jury on two charges, and, on a split verdict in a second trial, was found guilty of one count of burglary, and sentenced to time served and 30 days of community service. Ken's conviction has been appealed on the basis that he was denied a necessity, and will be heard by a Washington appeals court in November.
In Montana, Leonard Higgins was found guilty of criminal mischief and misdemeanor criminal trespass, sentenced to three years deferred imprisonment, meaning he will serve no jail time. Leonard’s conviction has been appealed on the basis that he was denied a necessity defense
In North Dakota, Michael Foster was convicted of criminal mischief, conspiracy to commit criminal mischief (both felonies) and criminal trespass (a misdemeanor), and sentenced to three years, two deferred, for which he served 6 months. Michael's conviction has been appealed on a question of application of state law. Sam Jessup, who live-streamed Foster’s action, was convicted of conspiracy to commit criminal mischief (a felony) and conspiracy trespass (a misdemeanor), and was required to pay $5,000 restitution.
NOTE TO EDITORS AND PRODUCERS:
The defendants and defense attorneys can comment and grant interviews on request. For further information, to request copies of court documents or to arrange interviews, please contact Celia Alario, [email protected], 1-310-721-6517.
October 08, 2018
Press Release 6.18.18
For immediate release. For media inquiries contact: Celia Alario, [email protected], 1-310-721-6517.
Note: Because charges and potential penalties, while remaining very serious, have been reduced since they were mentioned in previous Valve Turner press releases, we list current Minnesota changes here.
[St. Paul, Minnesota – July 18, 2018] The Minnesota Supreme Court yesterday denied a petition from state prosecutors appealing a lower court ruling in 2017 that granted the defense the right to present evidence regarding a “necessity defense” for climate activists who shut off tar-sands pipeline emergency valves in order to fight climate change.
Minnesota Supreme Court Judge Lorie S. Gildea denied the appeal and declined to review the matter further. Her ruling sets an important precedent, because it will guarantee the defense team will be able to present, and the jury will be able to hear and consider, evidence about climate change, including expert testimony on climate harms, to support the defendants’ contention that the immediate threat of catastrophic climate change justified the their action. When the case goes to trial later this year, it will likely be the first time that such a necessity defense of direct action on climate change is presented to a jury in the United States.
The defendants in the case are climate activists who sought to prevent climate damage by stopping the flow of carbon-intensive tar sands, and had tried many different legal means to do so over many years, to no avail. “Valve-turners” Emily Johnston and Annette Klapstein therefore initiated shutdown of block valves on Enbridge tar sands pipelines in Clearwater County, Minnesota, on October 11, 2016 as part of a coordinated action in four states. The action disrupted five pipelines, temporarily halting the flow of tar sands crude from Canada to the United States.
Klapstein and Johnson each face felony charges of criminal damage to critical public service facilities and aiding and abetting the felony, as well as misdemeanor criminal trespass and aiding and abetting the misdemeanor. The charges carry a potential maximum penalty of over 20 years in jail and fines up to $40,000. Two other defendants, videographer Steve Liptay and support person Ben Joldersma, also face criminal charges for documenting and livestreaming Johnston and Klapstein’s action.
The defendants freely admit they took the action, but have sought the opportunity to justify it in court via necessity defense. If they are successful, it would create a potentially far-reaching precedent for many other cases of climate action working their way through the courts.
"We chose this action because we hoped it could make a real difference in how the public and the legal system respond to the overwhelming threats of climate change,” said co-defendant Emily Johnston. “The Minnesota Supreme Court has validated the decision of the judge in our case, and its ruling means that we might indeed get to make that real difference. It's been a long road, but we're almost there--and not a second too soon."
"I am very happy that the Minnesota Supreme Court chose not to review the lower court’s decision to allow us to present the necessity defense in our case,” said defendant AnnetteKlapstein, who is a retired attorney. “Our right to present and the jury's right to hear the facts about the ongoing and accelerating climate catastrophe have been upheld, and we look forward to presenting this evidence to the jury."
Members of the defense team who will try the case include attorneys Tim Phillips of the Minneapolis law office of Joshua R. Williams and Lauren Regan of the Civil Liberties Defense Center, with assistance from Kelsey Skaggs of the Climate Defense Project. A date for the trial has not yet been set, but it is expected to take place later this year, as soon as October 2018.
Meanwhile, other high-profile cases concerning climate change are coming before in the courts. The trial of Juliana v. US starts October 29, in which young people are suing the federal government for violating their constitutional rights and the public trust by failing to fight climate change. Nine cities and counties in Colorado, California, Washington, and New York, and the state of Rhode Island, have filed lawsuits against fossil fuel companies to hold them accountable for GHG emissions and climate damage (two of the California suits were recently thrown out).
NOTE TO EDITORS AND PRODUCERS:
The defendants and defense attorneys can comment and grant interviews on request. For further information, to request copies of court documents or to arrange interviews, please contact Celia Alario, [email protected], 1-310-721-6517.
September 28, 2018
Press Release 4.23.18
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September 28, 2018
Press Release 3.20.18
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September 28, 2018