Stop Line 3 - Direct Action & Court Findings

Yesterday activists took part in direct action to lock down equipment engaging in Line 3 construction. While Enbridge publicly stated that construction will not begin until cultural review is complete, activities on site have commenced. It is important to bring attention to these inconsistencies as well as the overall lack of attention paid to the potential of spills.

If you would like to learn more about the direct action, please visit the Ginew Collective Facebook page (https://m.facebook.com/notes/ginew/ginew-frontline-resistance/2083213962007865/) for updates and a website (https://www.bit.ly/stoppipeline3) for donations in addition to the amazon wishlist above.

For more information on the recent finding of a Minnesota court that environmental review for Enbridge Line 3 shockingly did not take into account the potential damage from a leak, read this article (https://www.mprnews.org/story/2019/06/03/line3-oil-pipeline-minnesota-court-environement-spill-impact). Given that the Dakota Access Pipeline leaked within its first year of operation, as do a substantial percentage of pipelines, meaningful environmental review must consider this possibility.

Update: Contested Omnibus Hearing

It was a rainy, cold day for a rally today - but we are grateful to do it!

On May 8th, the Four Necessity Valve Turners appeared in Itasca County Court in Grand Rapids, Minnesota, to give testimony to support their claim that the necessity defense is justified for their case. The defense legal team was notified that this would be the focus of the contested omnibus hearing last Friday, which was insufficient time to line up expert witnesses to support the case. Because of this our legal team, Tim Phillips and Jen McEwen, asked and were granted permission to present written affidavits from the expert witnesses in coming weeks after hearing verbal testimony from each of the Four Necessity Valve Turners during the hearing. This oral testimony began around 3 pm and continued until after 6 pm, longer than the stated 2-hour hearing limit, with two short recesses.

The testimony needed to prove that each defendant took action to avert greater harm, and must meet the following challenges:

• The defendant reasonably believed there was threat of imminent danger that they did not cause

• There was no practical, legal alternative action that would prevent the harm

• The harm caused by the illegal act is less than the imminent danger

• The action taken can be reasonably expected to impact the imminent danger

All of the defendants spoke eloquently to each of these points. Allyson highlighted how successful legislative campaigns are futile in the face of the oil industry lobby. Daniel presented a wealth of research and the immediacy of the climate crisis. Brenna shared how successful mass action campaigns are often overturned by the oil industry, and the president. Finally, Michele highlighted the depth of commitment to nonviolence as a long tradition in our movement, and our belief in the spirit, ancestors, angels and holy friends guiding our action. She also recalled our attention to how great a struggle it was to pass laws, and how systematically they are being dismantled by the government at this critical moment in the climate crisis, representing a great threat to our own wellbeing.

The hearing also confirmed that the state prosecutor, upon contacting Enbridge, confirmed there was no damage to the valve. The second felony charge (property damage exceeding $1,000) was thus dropped. The charges that stand include aiding and abetting attempted damage to pipeline property and misdemeanor property damage.

Yesterday several other groups took action in Duluth opposing Enbridge Line 3. While we could not be with them, or them with us, we are grateful for each other's mutual support and believe that in spirit we are together. We are deeply inspired by the continuing effort to take grassroots action in the face of climate change, and believe that this is our best hope for the future.

Necessity Defense at Tomorrow's Hearing

Earlier this week we received word that the "contested omnibus hearing" scheduled for tomorrow, May 8th, at 2 pm, was scheduled as such because the prosecutor is contesting (questioning) the use of the necessity defense in this case. Therefor, the Four Necessity Valve Turners, Allyson Polman, Brenna Cussen, Daniel Yildirim, and Michele Naar-Obed will give testimony during the hearing to establish whether or not the necessity defense is admitted for the coming trial. Up to this point, the Four Necessity Valve Turners have not had a significant opportunity to speak in court.

Please consider coming out to give the Valve Turners your support tomorrow, and, if that is not possible, send us your prayers, good wishes, and spiritual support. As Michele has said, this action is the work of the ancestors and our holy friends.

More information on the hearing and pre-hearing rally can be found here.