What is the “necessity defense,” why does it matter, and how is under threat? On the flip side, how concerned should we be about the rising popularity of companies using federal racketeering laws to silence opponents?
This week we answered these questions in detail. Here is a sneak peek – the necessity defense, alongside the public trust doctrine, are legal constructs that climate hawks should know. Concerned citizens and groups may be able to use these overarching legal principles as mechanisms for making progress on climate issues in the court systems. The necessity defense hinges on the Environmental Protection Agency’s Endangerment Finding, which defines carbon dioxide as a toxic air pollutant. This finding is under threat, with high-powered climate deniers claiming it overreaches and is curtailing economic growth. The Endangerment finding is the backbone for protecting public health from carbon dioxide. The power of the vote is on the horizon. Get involved and add to the blizzard of response that we need to keep the legal system protecting the people.
For further reading:
- The Public Trust as it applies to climate
- The latest Necessity Defense case
- RICO suit against Greenpeace?
- Marla Marcum and the Climate Disobedience Center
- Trump nominates climate denier for Whitehouse post.
- Chasing Coral
- 50 Reefs
Because we recognize the necessity of personal accountability for our actions, because we accept responsibility for building a durable future and because we believe it is our patriotic duty as citizens to speak out, we must insist that the United States put a price on carbon.