OLYMPIA, Wash. — A man arrested for trespassing on BNSF property during a protest over oil and coal trains will be allowed to argue in court that the action was his only recourse in addressing climate change, the Washington state Suprme Court has ruled.
The Spokane Spokesman-Review reports the court ruled unanimously that Rev. George Taylor should be allowed to present that argument, known as the “necessity defense,” in a jury trial. Justice Susan Owens wrote in the court’s opinion, “While there are always alternatives in the abstract, an alternative that has repeatedly failed when attempted is not a reasonable alternative.”
The Climate Defense Project reports the necessity defense has been attempted in almost 30 cases in the U.S., without success.
Taylor was one of three people arrested in a September 2016 protest that blocked BNSF’s tracks in Spokane. A Wenatchee World article at the time said Taylor, a Lutheran minister, told a group of about a dozen protesters that “oil and coal trains are an abomination to the Lord.” Most of the crowd dispersed when warned to do so, but Taylor, Rusty Nelson, and Maevea Aelous were arrested on charges of trespassing and blocking a train.
Taylor’s trial has been on hold pending its appeal to the state Supreme Court, which was lodged in 2018. A new court date has not been set.
Steve,
What extreme weather? We had fewer hurricanes last year than the year before, I haven’t seen two 90-degree days in a row this year at my house, I only ran the snow blower twice this winter. I trust “climate experts” as far as I can throw them.
Everyone else,
Doesn’t it prove the leftists are insane? Einstein said the definition of insanity is doing the same thing over and over expecting a different result. This will be attempt 31 of this defense.
This pastor did not destroy property but pointed to the heart of the problem as summarized in the just released IPCC report from the world’s experts in climate science; that carbon dioxide concentrations in the atmosphere are the highest in 2 million years resulting in the extreme weather now upon us. Our railroad industry must turn away from “hauling carbon” and grow by restoring track capacity to bring the more profitable express freight from roads to the rails. But what we cannot do is continue on the present course.
Seems like the Amish have the lifestyle that even approaches that of minimalist life. Do we really want that as a society? Surely the vast engineering knowledge and tech we possess will find a way to decrease our carbon footprint thereby slowing our approach to the cliff. It’s going to take time. What we don’t need is knee jerk reactions without regard for critical thinking. The Europeans are doing that. Why can’t we?
this fellow is non-sensical. I assumed he walked or rode a bike to the protest, does not own a car, does not use medicines, plastics, print ink church materials. or use electricity in any form. Jesus did not curse Pilate, He took our curse for us. I am ashamed of his behavior.
Well I guess that was the pastors way to get his 15 minutes of famed.
This makes me sick. His other means to protest climate change are to vote and to petition the government, both enshrined in the United States Constitution. Along with those rights comes the obligation to accept the government’s response.
A couple of other questions, where does it say in the Bible that fossil fuel is an abomination to the Lord? And if it were, what gives him the right to impose his religious views on the rest of us.
Not saying his case should win, but his arguments are at least cogent. If life on earth is being endangered, necessity allows more extreme measures.
As to the Bible, it says we are responsible for taking care of the earth. That is not a narrow sectarian view.
Jeffrey, by your logic any time I reach a conclusion out of my fermented mind I can stop a train? No I can’t. I can petition the government about my concerns but that’s as far as it goes.
As far as taking care of the earth, all of us, including me, can scale back our lifestyle. Most of us could live comfortably on half or less what we consume. But it starts with us, not with BNSF Railway or its utility customers. Electricity is generated or gasoline is sold because customers demand it. Use less, far less. At my church, far too few people walk to Mass and the cars and trucks in the parking lot tend to the supersize. Conservation starts with the individual, just like any other virtue taught by faith communities. The railroad doesn’t cause your consumption habits.
If the Supreme Court allows this person to go free while protesting on Federal property then what is going to stop all the other protestors to protest on Federal property when the Supreme Court will let them go free everttime they get arrested for it.