Tag Archives: climate necessity defense

Washington Supreme Court Establishes ‘Very Important Precedent’ for Climate Necessity Defense in Case of Valve-Turner Ken Ward

The court’s decision, explained one attorney, “creates a strong legal basis for climate protesters to justify their actions in a court of law.”

By Jessica Corbett, staff writer for Common Dreams. Published 9-6-2019

As part of a multi-state action in 2016, valve-turner Ken Ward temporarily shut down the Kinder Morgan TransMountain pipeline. (Photo: shutitdown.today)

In a decision that could profoundly impact future litigation involving climate activists, the Washington Supreme Court this week refused to review a lower court’s ruling to allow valve-
turner Ken Ward to present a “necessity defense” for charges related to a 2016 multi-state action that temporarily shut down tar sands pipelines.

On Wednesday, a three judge panel from the state’s highest court unanimously denied (pdf) a petition from the State of Washington to review a state appeals court ruling (pdf) in April that overturned Ward’s conviction for disabling the Kinder Morgan Trans Mountain pipeline as part of the “Shut It Down” action on Oct. 11, 2016. The pipeline transports Canadian tar sands oil to refineries in Washington’s Skagit County. Continue reading

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