despite iceland’s outward celebration of the puffin as a national icon, the tradition of hunting these birds persists. this practice is primarily driven by cultural heritage and the financial lure of selling puffin meat to restaurants for tourism, according to save puffins.

“puffin hunting in iceland was once considered sustainable, but now scientists say it is absolutely not, and it still contributes to 10% of the puffin population decline,” said puffinologist jillian taylor in the podcast ologies with alie ward.

“people used to rappel down cliffs to get their eggs, which were considered a delicacy. since puffins only lay one egg per season, that was really harmful for the population,” said angelica bas gomez, a marine and environmental scientist.

“i’m very against selling puffins in restaurants because very few people around were raised with it, and it’s not something you eat every other week. it’s more of a traditional food, eaten once or twice a year,” said saevor erlendsdottir, an iceland undersea specialist.

puffins as part of history

for centuries, puffins were more than just a picturesque part of the landscape — they were a lifeline. particularly in iceland’s past when nutrients were scarce, puffins were a significant food source.

“seabirds, not only puffins, were a necessary food item when you live in a place where there’s very little food” said michael jackson, an expedition leader for lindblad expeditions.

“puffins used to be a diet of icelanders because people needed to survive,” said tua pittman, a cultural navigator with lindblad expeditions.

but as iceland modernized, so too did its relationship with these birds.

“as soon as sheep were imported, people consumed (fewer) puffins. and by learning from the herring people’s history that overhunting isn’t a good thing, they started to protect them,” said pittman.

yet, this respect towards puffins alone hasn’t been enough to counteract the powerful forces threatening their populations.

what do warmer waters mean for puffins?

“the collapse of the puffin population was due to not only hunting but also warming seas and overfishing the fish they feed on,” said erlendsdottir.

“killing their food resource is a big factor,” said taylor.

sandsíli (also known as sand lance) is the primary food resource of puffins. as a result of overfishing since the 17th century, these small, silvery fish that puffins depend on are becoming increasingly scarce, forcing the birds to travel farther and expend more energy to find food — often with fatal consequences.

gomez expressed her concern about the warming water. “we’ll see a trend in species that prefer cooler waters migrating further north as the water gets warmer. but eventually, they’ll run out of places to go, leading to environmental pressures where only the birds that can adapt to the warmer temperatures will survive,” she said.

social forces working together

on the island of heimaey in the south of iceland, a self-organized group of citizens called the “puffling patrol” help lost puffins in the town find their way home. juvenile puffins are known as “pufflings.” 

“with so much light pollution in the city, puffins can mistake those light sources for the reflection of the moon reflecting on the sea and become disoriented to fly into town, and that’s dangerous,” erlendsdottir said.

“children with their parents, and the police, would go looking around the town for these puffins, collecting them in cardboard boxes, as many as 50 a night, and then finally throwing them off the cliffs back to the sea,” she said. “it sounds brutal, but it’s actually doing something nice.”

“throwing pufflings off cliffs is part of helping them. some go the wrong way when they fledge and end up in cities. puffling patrol helps get them back out to sea,” said taylor.

scientific research also plays a pivotal role in these conservation efforts. one critical method researchers use is the banding of puffins with small anklets.

“the anklets are small bands placed on puffins to help researchers identify individual birds and monitor their behavior, social interactions, and movements within the colony,” said jackson. 

“the bands are designed to be as non-intrusive as possible. they are placed on the puffin’s leg away from any joints to ensure they do not hinder the bird’s movement or cause discomfort,” taylor said.

“puffins generally do not pay much attention to each other’s legs,” she said, explaining that the anklets do not affect how the puffins interact.

these efforts are not limited to rescuing pufflings. locals are also taking direct action to protect puffins’ nesting colonies.

“people are trying to keep puffins away from their predators like arctic foxes, rats, and big birds like fulmars by setting up fences and waving hands in their habitat land,” said pittman.

an optimistic future for puffin conservation

despite the challenges, there are glimmers of hope that the tide may be turning for iceland’s puffins. “the puffin stock is coming back strong. it’s not doing as badly as it used to be. the biggest proof of that is the number of pufflings,” said erlendsdottir.

gomez also expressed her views on seeking a balance between puffin conservation and preserving cultural tradition.

“i think humanity has to accept that we have to use natural resources, but it is important to find a way to make it sustainable,” she said.

editor’s note: lindblad expeditions, our planet forward storyfest competition partner, made this series possible by providing winners with an experiential learning opportunity aboard one of their ships. we thank lindblad expeditions for their continued support of our project.

in 2008, tim dechristopher registered to bid on oil and gas leases at the utah bureau of land management (blm) office and won 14 leases worth $1.7 million but had no intention to pay for them. he claimed he did so to combat government violations of laws and regulations that worsened climate change. he was indicted and faced charges, but he argued that his actions were necessary and legally justified due to urgent environmental concerns. the government, in turn, filed a motion to bar dechristopher from using a necessity defense, claiming he had legal alternatives for his actions. despite his arguments, dechristopher was sentenced to two years in prison.

dechristopher lost the battle, but his case marked an opening salvo as the first recorded case of the use of the necessity defense in climate change litigation.

the necessity defense is a legal defense used in certain situations where a person’s actions normally considered unlawful are justified because they were necessary to prevent greater harm or evil. for example, if a person breaks into a building to rescue someone who is in imminent danger, they may be able to use the necessity defense to argue that their actions were justified.

as climate change threatens our planet, the climate necessity defense is gaining traction among environmental activists and attorneys practicing climate justice. this defense argues that acts of civil disobedience, such as blocking pipelines or occupying coal mines, are justified when done to prevent or mitigate the catastrophic effects of climate change. the climate necessity defense asserts that in the face of an urgent and imminent threat to the environment and human health, the defendants had no choice but to take direct action.

“the climate necessity defense serves as a tool for activists to defend themselves in court while also educating the legal system and the public about the urgent threat of climate change,” ted hamilton, the cofounder and attorney of climate defense project, said. “it highlights the need for radical political action as existing laws and government efforts may be insufficient to address the catastrophic consequences of global warming.”

weighing the alternatives

while the climate necessity defense is an important legal tool for activists, it has faced obstacles in its implementation.

“in dechristopher’s case, the court refused to permit a defendant who committed indirect civil disobedience to use the defense when there were other legal alternatives. this refusal heavily burdens the defendant to consider every legal alternative available… it is extremely difficult to make the necessity defense argument when other individuals successfully attack the potential harm through legal mechanisms,” according to joseph rausch, previous editor-in-chief of the columbia journal of environmental law, in his article “the necessity defense and climate change: a climate change litigant’s guide”.

according to the climate disobedience center, the necessity defense rules vary by state and court, so it’s important to consult a lawyer for specific jurisdictions and requirements. the general process involves an arrest, a not-guilty plea, offering necessity defense to the judge, presenting a defense to the jury, and finally, conviction or acquittal.

after arrest, activists typically plead not guilty and offer the necessity defense during pre-trial hearings. the judge will decide whether to allow the defense to proceed, considering arguments from both sides. if allowed, activists can present their defense during the trial, including evidence on climate change and moral justifications for their actions. finally, the jury or judge deliberates and delivers a verdict of conviction or acquittal based on the necessity defense argument.

advocates argue that, when used judiciously, civil disobedience can be a powerful tool for social change, and the climate necessity defense provides a legal framework for activists to make their case in court.

however, the climate necessity defense is not without controversy. critics argue that it promotes lawlessness and undermines the rule of law. some view it as a loophole for activists to justify illegal actions.

“the climate necessity defense often faces resistance from courts, with judges rejecting its use before trial. there is skepticism within the legal establishment about the effectiveness of civil disobedience and doubts about the need for individuals and movements to take action to address the climate crisis,” hamilton said.

barriers to the use of the necessity defense come not only from the legal system but also from the industries that are responsible for climate change.

“fossil fuel corporations and conservative lawmakers also impose legal penalties and surveillance on climate activists, making it difficult for them to engage in activism. these hurdles, including legal resistance and campaigns against climate activists, create challenges in challenging the fossil fuel industry and addressing the climate crisis,” hamilton said.

success in boston

the first example of a judge accepting the climate necessity defense was on march 27, 2018, when boston municipal judge mary ann driscoll acquitted all 13 defendants of civil charges from a protest held in 2016 in boston, ma. they were arrested and charged with trespassing and disorderly conduct while protesting the west roxbury lateral pipeline.

“i am against the expansion of any fossil fuel infrastructure and the continued risk that infrastructure puts us all through climate change,” defendant diane martin said during her testimony. “and, as a unitarian universalist, it is my moral duty to step up and not only talk about what i believe but to act on what i believe.”

another defendant also expressed deep conviction in his beliefs and moral duty in acting on them.

“climate change poses a threat to our civilization. despite recognizing ‘nicer’ ways to advocate for change, i believe urgent and bold action is necessary,” warren senders said in his testimony. “i am willing to risk arrest because of my moral duty to address the destructive effects of fossil fuel burning on our civilization.”

the valve turners

another high-profile case that used the climate necessity defense was “the valve turners case.” climate activists from four states tried to halt the flow of tar sand oil from canada into the united states and bring attention to climate change.

leonard higgins, one of the valve turners, was charged with criminal mischief for cutting three chains and turning off a valve on an oil pipeline at montana-based enbridge inc. he was sentenced to three years probation and $3,755 in restitution. herman watson was one of his defense attorneys.

watson explained the limitations of the climate necessity defense.

“while the necessity defense is a valid legal tool, the judge, in this case, denied us the opportunity to present that defense,” watson said. “and, even though we disagree with the way some laws are applied, the judge is the boss and has the final say on what is legal.”

fortunately, the verdict was one that higgins found reasonable and readily accepted. the sentence will be wiped from his record if he does not commit any more offenses while on probation.

“i was expecting to go to jail for a long time, and i even wrote my will. i was surprised and grateful for the deferred sentence and reduced restitution,” higgins said.

higgins believes civil disobedience has a lawful and appropriate place in the us and that their actions have raised awareness about climate change and the need for urgent action, but not as much as they had hoped.

“i felt it was necessary to combat the increase in carbon emissions over the past 40 years,” higgins said. “and i pictured in my mind when i closed the valve a general strike, mass action of hundreds and thousands of people. i believe it is the only way the world can reverse climate change now.”

while the protest action may be illegal, watson explains the implications of it.

“the use of the necessity defense is not an incentive to break the law,” watson added. “many progressive movements and legal refinements throughout history have been based on illegal protests, and the significance of these actions may be better judged by future generations than now.”

an uncertain legal future

watson also said the fact that some states do not allow the necessity defense in climate cases could lead to a chilling effect. still, he argued that if someone is passionate about a cause, they will continue to push for change regardless of legal barriers.

when higgins was asked if he would be willing to risk breaking the law again for climate justice, he replied, “if i went back in time and were in the same place, i would do it again. because back then, i had more freedom and ability to do it. but now, in the last years of my life, i want to be more present for my loved ones and friends and serve them.”

so, what does this mean for everyday citizens concerned about climate change?

the climate necessity defense is a significant tool for climate justice, especially as marginalized communities, indigenous peoples, people of color, and low-income communities, who often contribute the least to climate change, are disproportionately impacted by its effects. the climate necessity defense can enable defendants to raise awareness about these systemic injustices and demand accountability from those responsible for climate change.

“people like me, living in a country with a high standard of living, should have a sense of responsibility. not just to their own families or communities but they should be to all of humanity. that’s the most powerful thing,” higgins said.

grant looked at a map that went viral on the internet, showing two concentric circles with the inner one marking the “first risk area” and the outer one marking the “secondary risk area.” some locations on the map are marked with “heavy dark clouds spotted” and “acid rain reported,” indicating where people’s health and ecology within the circle may be at risk. the map had reaped tens of thousands of retweets and shares online, with people commenting and asking for advice on what to do.

grant laughed helplessly as soon as he saw the map. “there’s no way this could be a circle because the weather pattern would move everything to the east with the prevailing winds,” he said. “so the fact that this is drawn in a circle means that it’s just someone’s wild idea because there should be nothing over here.”

grant also noted the map had no official source or creator, but that didn’t stop it from causing panic among those who had seen it. people were sharing the map as if it were fact, with comments like, “i feel like it’s having a bigger impact than chernobyl,” “the supermarkets are running out of bottled water again,” and “i see dead birds and frogs in my backyard.”

“it just goes to show how easily misinformation can spread on social media, even in the face of easily verifiable facts,” he said.

determining the human impact

given the well-controlled condition of the spill and the remote location, there is no need for residents of other states to worry about being affected. “because even if it is a toxic substance, it has to be judged by the concentration and time of absorption to determine whether it is indeed harmful to humans,” said cody smith, assistant professor of pharmacology and toxicology at uconn.

still, many in ohio and other outlying states are concerned that these toxic substances are entering the water cycle, the atmosphere, and the soil, thus affecting the health of humans and the local environment.

animal studies conducted by the department of health and human services have shown that exposure to 50 ppm(parts per million) of vinyl chloride in the air increases the risk of liver cancer.

however, the u.s. environmental protection agency tested at least 480 homes around east palestine where the derailment occurred and did not detect vinyl chloride.

also, according to cdc calculations, it takes more than 30 minutes of exposure to 17 ppm of phosgene (the combustion product of vinyl chloride) to be lethal, and this incident resulted in a much lower spill concentration than that.

“i don’t think anyone’s going to be exposed long enough or at high enough levels to be concerned with liver cancer or death,” smith said.

grant concurred with smith’s assessment.

“most of the chemicals in the train cars were relatively volatile, unstable compounds. their biological and environmental half-life(the time required for a biological system, such as that of a human, to eliminate, by natural processes, half of the amount of a substance that has entered it) is relatively short. so they’re not going to stay around too long,” he said.

grant also noted that the response team practice, combusting the vinyl chloride at the site, was the best option at the time because another riskier practice was to bury these hazards in the ground.

“it’s better to burn these chemicals and get rid of them than to bury them in the ground and have them potentially leach into the groundwater or someone’s basement,” grant said. the united states environmental protection agency has determined that drinking water containing 2 ppb of vinyl chloride over a lifetime increases cancer risk by one in 10,000. also, water containing vinyl chloride may inhibit vegetation growth.

kristina wagstrom is an associate professor of environmental engineering at uconn. she explained how complex the situation is regarding cleanup and described the options available to agencies on how to do so.

she agreed with grant that combusting vinyl chloride is the best option to avoid leaching into the soil and groundwater, which would take longer to degrade.

wagstrom also pointed out that if the vinyl chloride is not burned, there will be a risk of explosion, which will have a more significant impact.

“with the controlled burn, less vinyl chloride will be released directly because they can ensure that everything’s combusting as it’s released,” she said.

“over time, the concentration of vinyl chloride will decrease with atmospheric volatilization and will not pose a threat to humans,” grant said, “you can calculate the concentration of vinyl chloride in the air. and i would bet you would find that the concentration would be so low that it’s probably a very, very, very low risk to anyone.”

environmental impact and how biodiversity breeds tenacity

in addition to human health, people are concerned about the ecological system may take a very long time to recover. using a calculation endorsed by the american fisheries society, the ohio department of natural resources(odnr) estimated that approximately 38,222 minnows and around 5,500 other aquatic species were potentially killed in the 5-mile span of waterway affected by the derailment.

odnr director mary mertz said none of the species killed are threatened or endangered.

“because the chemicals were contained, we haven’t seen any additional signs of aquatic life suffering,” she said.

in response to reports of dead birds and an opossum in the area, odnr sent the animals to the ohio department of agriculture for testing, which found no signs of chemical poisoning.

“we have no reason to believe that those terrestrial animal deaths were as a result of the spill,” she said.

grant also has an optimistic view of wildlife.

“a healthy, diverse environment can make environmental problems disappear and help the environment recover. even though some species are sensitive, it’s only a matter of time before they all return, especially in a stream or an aquatic ecosystem like this, where fresh water is coming in all the time, and new species are drifting in the water,” grant said.

looking toward the future of transporting chemicals by train

however, in addition to the direct impact of this incident, society also expressed concerns about rail safety and the transportation of hazardous materials.

according to federal railroad administration’s data, norfolk southern, the railroad company whose train was involved in this incident and which transports goods across nearly 20,000 miles of rail in 22 states, has reported the second-highest accident rate nationally among the seven major freight railroads each year since 2019. it has reported an average of nearly 261 accidents a year and roughly three accidents per million train miles.

the number of norfolk southern train accidents in ohio also has ticked up. the company has reported an average of 32 train accidents a year in ohio during the past five years, compared with an average of 24 during the previous five-year span, according to its accident reports.

the transportation of hazardous materials has always been a highly controversial issue because there is no one perfect way to transport them, whether by railroads or highways.

norfolk southern reported that an average of 871 cars a year carried hazardous materials during the past five years, compared with 184 cars with hazardous materials in the previous five-year span.

also, according to the ct mirror, the hazardous chemicals are traveling on highways in connecticut, albeit in smaller truck-sized loads, but they are no less likely to cause explosions or damage if they’re involved in an accident.

for grant, this is a risk versus cost problem with no single optimal solution.

“companies that use these chemicals could potentially make them on-site. and then there would be less transportation, but that would be very costly for someone who needs the chemicals to make it themselves. it might even make the potential risk worse because now you’ve got toxic chemicals all over the country being made in a factory somewhere, and people don’t even know it,” grant said.

as the study progressed, the incident revealed many unaddressed social issues.

“there are still some questions on the overall impact, and this is going to be something that gets looked at for years to come,” said wagstrom. “as far as transport within the environmental matrix, the dioxins (another combustion product of vinyl chloride) that might have formed from the combustion and how they may have deposited still needs to be examined.”

“i think the railroad industry will need to be more diligent in monitoring the safety of their transportation system and stricter oversight of hazardous chemical shipments to avoid similar incidents,” grant said.