University Divestment Complaints
CDP has assisted student-led fossil fuel divestment campaigns in preparing complaints for submission to state officials. These complaints ask officials to use their charitable oversight and enforcement powers to curb fossil fuel investments by universities, which, the complaints allege, violate legal duties to the public and to students, faculty, staff, and alumni.
SANTA CLARA UNIVERSITY
MASSACHUSETTS INSTITUTE OF TECHNOLOGY
JOHNS HOPKINS UNIVERSITY
UNIVERSITY OF NEW MEXICO
UNIVERSITY OF WISCONSIN
California Anti-SLAPP Amicus Brief
With the Civil Liberties Defense Center, the Sierra Club, and other organizations, CDP filed a friend-of-the court brief explaining why a California court’s interpretation of the state’s flagship anti-SLAPP statute in a horse-racing protest case was erroneous.
United States v. Reznicek Amicus Brief
CDP filed a friend-of-the court brief with the Center for Protest Law & Litigation, Honor the Earth, and other organizations explaining why the trial court erred in its sentencing of Ms. Reznicek for her protests against the Dakota Access Pipeline.
Necessity Defense Amicus Briefs
CDP has filed friend-of-the-court briefs on behalf of law professors arguing that trial court orders granting the necessity defense to climate protest defendants should be affirmed.
Washington v. Taylor (Supreme Court)
Washington v. Taylor (Court of Appeals)
Minnesota v. Klapstein
Legal Resource Guide for Climate Activists
A guide to protesting, arrest, and the legal process for Bay Area climate strikers. Find a similar guide here tailored to New York, prepared for Extinction Rebellion’s NYC chapter.
Principles of Climate Civil Resistance
The Principles of Climate Civil Resistance is a document summarizing the legal basis for resistance to the fossil fuel system. A PDF version of the Principles is available here. CDP’s update about the Principles can be found here.
CDP Amicus Brief in Delta 5 Case
Our supporting brief in the Washington v. Brockway appeal, applying the public trust doctrine to the climate necessity defense.
Climate Change: What’s Law Got To Do With It?
An overview of the current legal framework of the United States as it relates to climate change, as well as tentative proposals for the effective use of legal tools by the climate movement.
Climate Necessity Defense Case Guide
A list of all attempted climate necessity defenses with details on the cases and outcomes. Contact CDP for related case documents.
Political Necessity Defense Jurisdiction Guide
A chart describing the law of necessity in all 50 states and federal courts, with political necessity precedent and resources for further research.
Comic Explaining the Climate Necessity Defense (courtesy of Graphic Advocacy Project)
A fun visual illustration of the purpose and use of the climate necessity defense. Many thanks to the Graphic Advocacy Project!