The Climate Necessity Defense, PIELC 2019

The Climate Necessity Defense: Where Are We and Where Do We Go from Here?

Alice Cherry, Co-founder, Climate Defense Project; Emily Johnston, 350 Seattle; Lance Long, Stetson University

A brief overview of the necessity defense, including its history, doctrinal elements, and use by climate activists. Panelists will then discuss recent outcomes in climate necessity cases across the country—in particular, the difficulty of getting climate necessity defenses in front of juries. Topics will include pretrial rulings, dropped and downgraded charges, bench trials versus jury trials, how to interpret what’s going on (and whether it’s good or bad for the climate movement), the value of continuing to argue climate necessity defenses, and prospects for the future.

Public Interest Environmental Law Conference (PIELC), at University of Oregon in Eugene, is the premier annual gathering for environmentalists in the world! Now in its 37th year, PIELC unites thousands of activists, attorneys, students, scientists, and community members from over 50 countries to share their ideas, experience, and expertise. With keynote addresses, workshops, films, celebrations, and over 100 panels,

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