PRESS RELEASE
\nFOR IMMEDIATE RELEASE
\nApril\u00a023, 2018<\/p>\n
Eugene, OR \u2014\u00a0Today is a\u00a0historic moment for climate activists in the U.S. The Minnesota Court of\u00a0Appeals upheld a lower trial court\u2019s ruling that will allow four climate\u00a0activists to provide\u00a0evidence of the necessity of their actions to a jury of\u00a0their peers. This is the first time that an appellate court has ruled in favor\u00a0of climate activists permitting the use of the \u201cnecessity defense.\u201d\u00a0Lauren Regan of the Civil Liberties Defense Center and\u00a0Tim\u00a0Phillips of the Minneapolis law office of\u00a0Joshua R. Williams will represent the\u00a0activists at trial, with assistance from\u00a0Kelsey Skaggs of the\u00a0Climate Defense Project. The court has not yet set a trial\u00a0date.<\/p>\n
The activists, often referred to as the \u201cvalve turners,\u201d were part of\u00a0a coordinated effort that temporarily halted the flow of tar-sands oil through\u00a0pipelines crossing the U.S. and Canadian border. They\u00a0will be allowed to\u00a0present evidence from international experts to explain the harms of climate\u00a0change and how the extraction of Canadian tar-sands oil gravely contributes to\u00a0climate change. The\u00a0activists will also be permitted to testify on their own\u00a0behalf as to the necessity of their actions.<\/p>\n
\u201cOur clients have risked their liberty to protect future generations\u00a0from the growing consequences of climate change and to continue to grow the\u00a0mass movement of Americans who believe that\u00a0people and the planet are more\u00a0important than corporate profits. It is high time that a jury of regular people\u00a0have an opportunity to weigh in on this extremely important issue. We are\u00a0optimistic\u00a0about sharing our case with this Clearwater County jury and testing\u00a0the strength of the judicial process,\u201d said Regan.<\/p>\n
Valve\u00a0turners Annette Klapstein and Emily Johnston face multiple felonies.\u00a0Two other defendants, videographer Steve Liptay and\u00a0support person Ben Joldersma, also face criminal charges for\u00a0documenting Johnston and Klapstein\u2019s action and will join in the\u00a0necessity defense. \u00a0\u201cThe Minnesota Court of Appeals has upheld our right to present\u00a0a full defense to a Minnesota jury, including\u00a0the facts of the ongoing climate\u00a0catastrophe caused largely by the fossil fuel industry,\u201d said Klapstein.\u00a0\u00a0\u201cAs a retired attorney, I am encouraged to see that courts across the\u00a0country seem increasingly\u00a0willing to allow the necessity defense in climate\u00a0cases. \u00a0I believe that many judges are aware that our political system has\u00a0proven itself disastrously unwilling to deal with the catastrophic crisis of\u00a0climate change, which leaves as our only recourse the actions of ordinary\u00a0citizens like ourselves and the courts and juries of our peers that stand in\u00a0judgment of those actions.\u201d<\/p>\n
The\u00a0opinion issued by the Court of Appeals is designated as \u201cunpublished,\u201d which\u00a0means the opinion will not serve as binding precedent in future actions.\u00a0Nevertheless, the opinion from the Court\u00a0is a step in the right direction to\u00a0allow juries to hear the full context of the actions of climate activists.<\/p>\n
Johnston,\u00a0after news of the decision, commented that \u201cIf we get to present a necessity\u00a0defense trial, and the jury has to grapple with full knowledge of our shared\u00a0reality, the jig is up for the fossil\u00a0fuel industry, and the end of their\u00a0devastating business model comes into much clearer view.\u201d<\/p>\n
Far from the feigned attempts by the Obama administration to institute\u00a0policies to curb climate change, the current administration is actively\u00a0dismantling the meager regulatory infrastructure that\u00a0was supposed to address\u00a0climate change (and a plethora of other environmental concerns). If there was\u00a0ever a time to recognize the necessity of the actions of the valve turners, it\u00a0is now.<\/p>\n
The CLDC has led the defense of the other valve turners in Washington,\u00a0Montana, and North Dakota in coordination with invaluable local counsel from\u00a0each State. You can contribute to the work\u00a0of the CLDC\u00a0here\u00a0to ensure\u00a0that those who are willing to risk their liberty for a chance at a living\u00a0planet have access to expert movement-based legal representation.\u00a0\u00a0Assert your rights, we\u2019ve got\u00a0your back.<\/p>\n