{"id":31168,"date":"2023-06-21t05:47:00","date_gmt":"2023-06-21t05:47:00","guid":{"rendered":"\/\/www.getitdoneaz.com\/?p=31168"},"modified":"2024-05-13t13:11:43","modified_gmt":"2024-05-13t13:11:43","slug":"climate-necessity-defense","status":"publish","type":"post","link":"\/\/www.getitdoneaz.com\/story\/climate-necessity-defense\/","title":{"rendered":"the climate necessity defense: how activists are using civil disobedience to fight climate change"},"content":{"rendered":"
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
the necessity defense is a legal defense used in certain situations where a person\u2019s 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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
\u201cthe 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,\u201d ted hamilton, the cofounder and attorney of climate defense project<\/a>, said. \u201cit highlights the need for radical political action as existing laws and government efforts may be insufficient to address the catastrophic consequences of global warming.\u201d<\/p>\n\n\n\n while the climate necessity defense is an important legal tool for activists, it has faced obstacles in its implementation.<\/p>\n\n\n\n “in dechristopher\u2019s 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\u2026 it is extremely difficult to make the necessity defense argument when other individuals successfully attack the potential harm through legal mechanisms,\u201d according to joseph rausch, previous editor-in-chief of the columbia journal of environmental law, in his article \u201cthe necessity defense and climate change: a climate change litigant\u2019s guide\u201d.<\/p>\n\n\n\nweighing the alternatives<\/h2>\n\n\n\n