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Necessity Defense Fails for Enviro-Activist

by E. Calvin Beisner

January 31, 2017

The Guardian breathlessly reports:

A Washington state judge has sparked outrage for remarks questioning the existence of climate change and the role of humans in global warming.

During the high-profile trial of Ken Ward, a climate activist facing 30 years in prison for shutting down an oil pipeline, Judge Michael E Rickert said: “I don’t know what everybody’s beliefs are on [climate change], but I know that there’s tremendous controversy over the fact whether it even exists. And even if people believe that it does or it doesn’t, the extent of what we’re doing to ourselves and our climate and our planet, there’s great controversy over that.”

The Skagit County judge made the comments on 24 January while addressing Ward’s request to present a “necessity defense” in court, meaning he would argue that the grave threat of climate change justified civil disobedience.

Rickert’s controversial statements, along with his decision to block Ward from arguing that his pipeline protest was necessary to prevent harm to the planet, angered environmentalists who insist that American courts have an obligation to recognize the science and consensus among researchers about man-made climate change.

“I thought it was shocking and deeply worrisome for my case,” said Ward, 60, of Corbett, Oregon, who temporarily shut off the safety valve of the TransMountain pipeline in Skagit County. “We are in the late stages of global collapse, and to have someone who is presumably as knowledgeable and aware as a judge should be blithely dismissing the biggest problem facing the world is chilling.”

Ward, whose trial began on Monday, is part of a group of activists that targeted oil sands pipelines in Washington, Oregon, North Dakota, Montana and Minnesota on 11 October 2016. The coordinated #ShutItDown actions – which have led to a dozen criminal cases and threats of hefty prison sentences against activists and journalists – was aimed at stopping 15% of US crude oil imports for a day.

Sorry, Guardian. What matters is the law—and no applicable federal, state, or local law recognizes human-induced global warming as an imminent threat the prevention of which warrants otherwise criminal acts to be justified under the necessity defense. The judge judged right.

 

 

Featured image “Scales of Justice” courtesy of Michelle Grew, Flickr Creative Commons.

Dated: January 31, 2017

Tagged With: #ShutItDown, civil disobedience, climate action, eco-terrorism, environmental crime, Ken Ward, Michael E. Rickert, necessity defense, TransMountain Pipeline
Filed Under: Bridging Humanity and the Environment

About E. Calvin Beisner

Dr. Beisner is Founder and National Spokesman of The Cornwall Alliance; former Associate Professor of Historical Theology & Social Ethics, at Knox Theological Seminary, and of Interdisciplinary Studies, at Covenant College; and author of “Where Garden Meets Wilderness: Evangelical Entry into the Environmental Debate” and “Prospects for Growth: A Biblical View of Population, Resources, and the Future.”

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Future Speaking Engagements

June 18-21, 2025–Dallas, TX

Cornwall Alliance will be a host of the Association of Classical Christian Schools’ (ACCS) annual Repairing the Ruins conference in Dallas, TX, and will have an exhibit booth.

Details and registration can be found HERE.

September 19-20–Arlington, VA

Dr Beisner will represent the Cornwall Alliance at the fall meeting of the Philadelphia Society and will have a literature table.

Attendance is for Society members and invited guests only. To inquire about an invitation, email Dr. Cal Beisner: Calvin@cornwallalliance.org.

September 26-27– Lynchburg, VA

Dr. Beisner will be speaking at the Christian Education Initiative Annual Summit, “Advancing Christ’s Kingdom Through Biblical Worldview Education.” 

Details and registration can be found HERE.

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