What Is The Necessity Defense, And What Are Its Limits?
In the early morning hours of September 2, 2014, five climate activists made their way into Burlington Northern Santa Fe’s Delta Railyard in Everett, Washington, and erected an 18-foot tripod out of steel poles. One member of the group, Abby Brockway, climbed onto a perch at the top while the remaining four chained themselves to the legs. The tripod was positioned on the tracks in front of a freight train that was waiting to depart with tanker cars loaded with crude oil. After approximately eight hours of peaceful protest, the five were removed by the Everett Fire Department, arrested by local police, and taken to jail. Often referred to as the Delta 5, they were eventually charged with trespass along with the very specific crime of obstructing or delaying a train.