#ThackerPass protesters claim “biodiversity necessity defense” in court case with #LithiumNevada Corporation

By Kevin Sheridan
Published: Mar. 26, 2024

WINNEMUCCA, Nev. (KOLO) - "Six protesters being sued by the Lithium Nevada Corporation are using what they are calling a 'biodiversity necessity defense'.

"They say the defense is 'a legal argument used to justify breaking the law when a greater harm is being prevented; for example, breaking a car window to save an infant locked inside on a stifling hot day, or breaking down a door to help someone screaming inside a locked home. In these cases, trespassing is justified to save a life.'

"This week’s filing states that the 'Defendants possessed an actual belief that their acts of protest were necessary to prevent the present, continuing harms and evils of ecocide and irreversible climate change.'

"'We’re in the midst of the 6th mass extinction of life on Earth, and it’s being caused by human activities like mining,' said attorney Terry Lodge, who is representing the protesters. 'Our lives are made possible by biodiversity and ecosystems. Protecting our children from pollution and biodiversity collapse isn’t criminal, it’s heroic.'

"In a filing with the court, Lodge and other attorneys claimed the company had 'unclean hands', and that Lithium Nevada has 'engaged in serious misconduct including violating the Defendants’ human rights, Defendants’ civil rights, misleading the public about the impacts of lithium mining and how lithium mining contributes to climate change and biodiversity collapse, and conducting the inherently dangerous and ecologically destructive practice of surface mining at the Thacker Pass mine'.

"They further argue stopping the mine will prevent significant greenhouse gas emissions, and that their actions are justified because they are working to prevent #CimateChange."

https://www.kolotv.com/2024/03/26/thacker-pass-protesters-claim-biodiversity-necessity-defense-court-case-with-lithium-nevada-corporation/

#ClimateNecessityDefense #BiodiversityNecessityDefense #ThackerPassProtectors #SLAPPs #SaveThackerPass
#PeeheeMuhuh #Pauite #Shoshone #NoMining #LithiumMining #DirectAction #EarthDefenders #SacredSites #ProtectThackerPass

#ThackerPass #Protectors File First-Ever '#BiodiversityNecessityDefense' in #Nevada Court

While pursuing a '#ClimateNecessityDefense,' and making allegations that #mining company has violated their rights, their attorney said, 'They’re not criminals; they’re heroes.'

Bhie-Cie Zahn-Nahtzu: “#LithiumNevada is a #greedy #corporation on the wrong side of history when it comes to #EnvironmentalRacism and desecration of #SacredSites. It’s ironic to me that I’m the trespasser because I want to see my ancestral land preserved.”

By #ProtectThackerPass, #CensoredNews, March 26, 2024

"In a first for the American legal system, the lawyers for six people sued by Lithium Nevada Corporation for protesting the Thacker Pass mine are arguing a ‘biodiversity necessity defense.’

"The necessity defense is a legal argument used to justify breaking the law when a greater harm is being prevented; for example, breaking a car window to save an infant locked inside on a stifling hot day, or breaking down a door to help someone screaming inside a locked home. In these cases, trespassing is justified to save a life.
.
"This week’s filing states: 'Defendants possessed an actual belief that their acts of protest were necessary to prevent the present, continuing harms and evils of #ecocide and irreversible #ClimateChange.'

"'We’re in the midst of the 6th #MassExtinction of life on Earth, and it’s being caused by human activities like mining,' said attorney Terry Lodge, who is representing the #protesters. 'Our lives are made possible by #biodiversity and #ecosystems. Protecting our children from pollution and biodiversity collapse isn’t criminal, it’s heroic.'

"Currently Earth is experiencing one of the most rapid and widespread extinction events in the planet’s 4-billion-year history.

"Biologists report that habitat destruction, like the bulldozing of nearly 6,000 acres of biodiverse #sagebrush steppe for the Thacker Pass mine, is the main cause of this '#6thMassExtinction.'"

Read more:
https://bsnorrell.blogspot.com/2024/03/thacker-pass-protectors-file-first-ever.html

Judge Tosses Out One Claim Against #ThackerPassProtectors, Five Claims Remain

Rejects 'Unjust Enrichment' Claim, But Five Other Claims Proceed in Ongoing Lawsuit Over Spring 2023 Protests

By Protect Thacker Pass, Censored News, March 11, 2024

WINNEMUCCA, Nevada — "A judge has dismissed an “unjust enrichment” charge filed against seven people sued for protesting the Thacker Pass lithium mine in Nevada, but allowed five other charges to move forward.
District Judge Michael R. Montero rejected #LithiumNevada Corporation’s claims that protesters had engaged in unjust enrichment by writing online messages encouraging supporters to donate, ruling that these messages are '#ProtectedSpeech under the #FirstAmendment.'

"'This is a very significant win for my clients and a rebuke to Lithium Nevada,' says Terry Lodge, an attorney representing six of the protesters. 'But,' Lodge says, 'we’ve still got a long way to go in this case.'

[...]

"While one portion of Montero’s ruling was favorable to the protesters, other portions were not. Judge Montero issued a prelimary ruling in Lithium Nevada’s favor on five other claims. But, Lodge says that at this stage, the judge was not determining whether Lithium Nevada’s claims are true or not. He was simply reviewing Lithium Nevada’s allegations, taking them as true, and determining whether those allegations were violations of Nevada law.

[...]

Native Land Claims “Frivolous”

"In another part of his ruling, Judge Montero called arguments that a #Paiute protester has a right to access the September 12, 1865 #ThackerPass massacre site within Lithium Nevada’s mine site to pray for massacred Paiute #ancestors 'frivolous'.

"The ruling states that recognizing traditional native land claims 'would unequivocally undermine each and every property owner’s rights' and concludes that '[t]his is a Pandora’s box the Court is unwilling to open.”
The defendants are seeking monetary donations to their legal defense fund."

FMI and full article:
https://bsnorrell.blogspot.com/2024/03/judge-tosses-out-one-claim-against.html