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One year after Emily Johnston and Annette Klapstein entered a valve site to manually shut down the flow of oil in two Enbridge tar sands pipelines near Leonard, Minnesota, District Court judge Robert Tiffany granted a motion brought by the “Valve Turners” and two supporters to present a necessity defense at trial.

The case is the result of coordinated “Shut It Down” actions to halt the flow of all tar sands pipelines in the country on October 11, 2106.  Johnston and Klapstein shutting off the flow of Enbridge Corporation’s pipelines 4 and 67 near Leonard, Minnesota, while fellow activists manually engaged the emergency valves on pipelines in Washington, North Dakota, and Montana. Documentary filmmaker Steve Liptay and support person Ben Joldersma were also arrested in the Minnesota action, and they join Valve Turners Johnston and Klapstein in this landmark effort to present a climate necessity defense.

A climate necessity defense offers a jury a novel scenario: the defendants freely admit to taking the actions for which they have been charged. Instead of seeking to plant doubt in the minds of jurors, the defense provides context for the action, calling expert witnesses to offer testimony about the urgency of the climate crisis, the imminent danger posed by tar sands pipelines, and the historic role of civil disobedience in transforming unjust systems.

August 31, 2015 - SPOKANE, WA – Today, a group of Spokane citizens occupied railroad tracks at ​2302 E. Trent in protest of fossil fuel trains​. The direct action was carried out in defense of the health of people and nature locally and across the planet due to the growing impacts of climate change. The burning of fossil fuels is the leading cause of global climate change.

For Immediate Release: Historic Climate Trial Starts Monday In Lynnwood
Contact: Ahmed Gaya, [email protected], 773-960-2587,
Friday, January 8th, 2016

Lynnwood, WA - Five community members who blocked the path of an explosive oil train in Everett last year will finally go to trial in Snohomish County on Monday. In a surprise ruling Judge Anthony E. Howard has allowed the defendants to argue that their actions were justified by the threat of climate change. This is the first time a U.S. court has heard a ‘necessity defense’ in a case relating to climate action.