Principal Law:

Necessity/Justification Defense

14 Cases found

State v. Yildirim

Filing Date: 2019
Court/Admin Entity: Minn. Dist. Ct.
Status: Defendants found guilty of aiding and abetting fourth degree criminal damage to property. [ 07/08/2021 ]
Description: Prosecution of "valve turner" activists who entered an Enbridge pipeline valve site and turned valves on a pipeline.

State v. Zepeda

Filing Date: 2017
Court/Admin Entity: Wash. Ct. App.
Status: Convictions upheld. [ 11/16/2020 ]
Description: Prosecution of climate activist who entered a pipeline facility and attempted to shut off pipeline.

City of Helena v. McKinlay

Filing Date: 2012
Court/Admin Entity: Mont. Mun. Ct.
Status: Order issued denying defenses of necessity/compulsion and free speech and granting plaintiff's motion in limine. [ 04/05/2013 ]
Description: Prosecution of citations of 23 citations for criminal trespass with protests at Montana State Capitol.

State v. Butler

Filing Date: 2019
Court/Admin Entity: Or. Cir. Ct.
Status: Mistrial declared. [ 02/27/2020 ]
Description: Criminal case against against climate activists charged with criminal trespass in connection with their protest that involved laying dirt and straw over railroad tracks used by an energy company.

People v. Cromwell

Filing Date: 2015
Court/Admin Entity: N.Y. App. Term.
Status: Convictions affirmed. [ 06/13/2019 ]
Description: Prosecution of protester who obstructed entry to a power plant construction site.

People v. Berlin

Filing Date: 2016
Court/Admin Entity: N.Y. Justice Ct.
Status: Defendants found guilty. [ 01/08/2019 ]
Description: Prosecution of protesters of the Algonquin Incremental Market pipeline project who locked themselves in section of pipeline.

Massachusetts v. West Roxbury Protesters

Filing Date: 2016
Court/Admin Entity: Mass. Dist. Ct.
Status: Defendants acquitted on basis of necessity defense. [ 03/27/2018 ]
Description: Prosecution of activists who protested the West Roxbury Lateral Pipeline in Massachusetts.

State v. Higgins

Filing Date: 2016
Court/Admin Entity: Mont.
Status: Denial of defendant's request to assert common law necessity defense affirmed. [ 03/03/2020 ]
Description: Criminal prosecution of environmental activist for participating in "valve-turning" protest in 2016 in which protesters shut down pipelines.

State v. Foster

Filing Date: 2016
Court/Admin Entity: N.D. Dist. Ct.
Status: Defendants sentenced. [ 02/06/2018 ]
Description: Criminal cases against climate protesters who participated in pipeline protests.

State v. Taylor

Filing Date: 2016
Court/Admin Entity: Wash.
Status: Court of Appeals reversed on issue of what constitutes a reasonable legal alternative for the necessity defense and finding that defendant had made the necessary showing to present a question of fact for a jury. [ 07/15/2021 ]
Description: Criminal case against defendant who blocked railroad tracks in protest of coal and oil trains that traveled through Spokane, Washington.

State v. Klapstein

Filing Date: 2016
Court/Admin Entity: Minn. Dist. Ct.
Status: Charges dismissed. [ 10/09/2018 ]
Description: Criminal cases against climate protesters who turned pipeline valves.

Commonwealth of Massachusetts v. Ward

Filing Date: 2013
Court/Admin Entity: Mass. Dist. Ct.
Status: Charges dropped and reduced in conjunction with guilty plea. [ 09/08/2014 ]
Description: Criminal charges against protestors who used a lobster boat to block a coal shipment to coal-fired power plant.

State v. Ward

Filing Date: 2016
Court/Admin Entity: Wash.
Status: State's petition for review denied. [ 09/04/2019 ]
Description: Criminal action against protester who turned off valve on oil pipeline in Washington.

People of New York v. Bucci

Filing Date: 2013
Court/Admin Entity: N.Y. Justice Ct.
Status: Decision, verdict, and order issued finding defendants guilty. [ 12/01/2016 ]
Description: Charges of disorderly conduct against pipeline protesters who asserted a justification defense.