valve turner ken ward, left, congratulates leonard higgins after the judge gave higgins a three-year deferred sentence. (laura lundquist)<\/figcaption><\/figure><\/div>\n\n\nhiggins 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.<\/p>\n\n\n\n
“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.”<\/p>\n\n\n\n
while the protest action may be illegal, watson explains the implications of it.<\/p>\n\n\n\n
“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.”<\/p>\n\n\n\n
an uncertain legal future<\/h2>\n\n\n\n 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.<\/p>\n\n\n\n
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.”<\/p>\n\n\n\n
so, what does this mean for everyday citizens concerned about climate change?<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
\u201cpeople 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.<\/p>\n","protected":false},"excerpt":{"rendered":"
can environmental civil disobedience be justified through a climate necessity defense? activists and legal experts weigh in.<\/p>\n","protected":false},"author":15210,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[4916,5195,4899],"tags":[],"storyfest_categories":[],"class_list":["post-31168","post","type-post","status-publish","format-standard","hentry","category-climate","category-justice","category-policy"],"acf":[],"yoast_head":"\n
the climate necessity defense - planet forward<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\t \n\t \n\t \n