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Expert Analysis

When Defendants Invoke 'Necessity' In Pipeline Sabotage

By Robert Hogfoss, Catherine Little and Annie Cook (May 24, 2018, 3:55 PM EDT) -- Opposition to new pipeline construction has grown in recent years, moving from public comment to litigation to physical protest. In 2016 alone, several coordinated actions led to trespass and vandalism of pipelines and pipeline facilities in multiple states, some of which were prosecuted as felony criminal acts under state laws. The defendants in some of these cases have raised a "necessity defense" for their actions, and two courts have now allowed that defense to proceed....

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