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Greenpeace charged with violating environmental law
Gazette Times ^ | 5/4/05 | RACHEL D'ORO

Posted on 05/04/2005 11:28:32 AM PDT by pookie18

ANCHORAGE, Alaska — Lawyers selected a jury Monday that will decide whether Greenpeace and its contract ship were criminally negligent by failing to have the proper oil spill response paperwork during an anti-logging campaign.

The environmental activist group, the captain of the Arctic Sunrise and the ship's agent all are charged with misdemeanor criminal counts of operating a vessel without a spill contingency plan or proof of financial responsibility in case of a spill, as required by state law.

Opening statements were scheduled Tuesday in state District Court in the southeast Alaska town of Ketchikan. Because the case involves misdemeanor charges, it will be heard by only six jurors and two alternates.

"We feel good about the jury and feel confident they'll listen to all the evidence and render a fair verdict based on the evidence presented in court,'' said Greenpeace attorney Tom Wetterer.

State environmental regulators cited Greenpeace Inc., Arctic Sunrise Capt. Arne Sorensen and ship agent Willem Beekman last July for not filing a spill response plan or having a financial responsibility certificate. According to court documents, the ship was carrying more than 70,000 gallons of "petroleum products'' when it arrived in southeast Alaska for the protest campaign against logging in the Tongass National Forest.

In Alaska, non-tank vessels larger than 400 gross tons must file an oil spill response plan application five days before entering state waters.

The group contends the paperwork oversight was a mishap that was quickly corrected. Those on board didn't know such documents were required, Wetterer said.

"There was no criminal negligence here,'' he said.

Wetterer said the group is being unfairly targeted in retaliation for its anti-logging stance. The defendants contend that many other vessels have entered state waters without the same documents and never faced criminal prosecution.

"At the time of this incident, the ship was insured against oil spills and also had an international oil spill contingency plan in place,'' Wetterer said.

The state didn't pursue criminal charges against the group until the Arctic Sunrise departed from Ketchikan before the paperwork was finalized, despite an agreement to stay anchored, said Assistant Attorney General Jay Fayette.

The criminal negligence charges carry a maximum penalty of a $200,000 fine for an organization and a year in prison and a $10,000 fine for an individual.

The trial is expected to wind up at the end of the week, said Fayette, who on Tuesday plans to call his first witnesses, including a radio reporter who interviewed Sorensen after the Arctic Sunrise left Ketchikan.

Some details also will come from documents such as the ship's itinerary that District Judge Kevin Miller agreed to allow as evidence Tuesday after 90 minutes of "boring and polite legal bantering'' between the two sides, Fayette said.

"My intent is to compress this so we can keep it to this week,'' he said.


TOPICS: News/Current Events; US: Alaska
KEYWORDS: environment; greenpeace; justdesserts
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1 posted on 05/04/2005 11:28:33 AM PDT by pookie18
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To: pookie18

ROFL - Ya gotta love it!


2 posted on 05/04/2005 11:30:10 AM PDT by BykrBayb (Impeach Judge Greer - In memory of Terri Schindler <strike>Schiavo</strike> - www.terrisfight.org)
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To: pookie18

I thought maybe they took Ted Kennedy out of his berth for a swim..


3 posted on 05/04/2005 11:30:18 AM PDT by sheik yerbouty
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To: pookie18

Ever meet a Greenpeace babe? They are hairy, smelly, unwashed, unkempt human toxic waste dumps. And crazy to boot.


4 posted on 05/04/2005 11:33:19 AM PDT by FormerACLUmember (Honoring Saint Jude's assistance every day.)
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To: sheik yerbouty

http://www.reelclassics.com/Audio_Video/Videos9o/20000_kirk_sing.mov


5 posted on 05/04/2005 11:33:55 AM PDT by pookie18 (Clinton Happens!)
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To: pookie18

Maybe they were just planning on using the Dave Matthews method.


6 posted on 05/04/2005 11:34:36 AM PDT by Phantom Lord (Advantages are taken, not handed out)
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To: pookie18
This is hilarious!

Reminds me of the incident some years back where the Sierra Club was found to have been polluting their mountain retreat site for decades with raw sewage...

The story very quickly was buried; like cat doo doo.

7 posted on 05/04/2005 11:34:54 AM PDT by Publius6961 (The most abundant things in the universe are ignorance, stupidity and hydrogen)
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To: pookie18

Ha-Ha!


8 posted on 05/04/2005 11:35:15 AM PDT by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: pookie18
According to court documents, the ship was carrying more than 70,000 gallons of "petroleum products''...

You think these guys would have a solar powered ship of something. 70,000 gallons of dastardly oil products! Just think of all the global warming they cause. < / smirk >

9 posted on 05/04/2005 11:35:41 AM PDT by Ditto ( No trees were killed in sending this message, but billions of electrons were inconvenienced.)
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To: sheik yerbouty
Naw. Teddy boy flys because he causes tidal surges when entering the water.
10 posted on 05/04/2005 11:36:18 AM PDT by beltfed308
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To: pookie18
charged with misdemeanor criminal counts of operating a vessel without a spill contingency plan or proof of financial responsibility in case of a spill

Slick

11 posted on 05/04/2005 11:36:58 AM PDT by N. Theknow (Planned Parenthood is neither.)
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To: pookie18

Greenpeace...SAVE THE WHALES! But murdering a baby in the womb is every womans' God given right neigh duty.


These people make me sick.


12 posted on 05/04/2005 11:36:59 AM PDT by trubluolyguy ("Sure dolphins are friendly and smart, friendly and smart on rye bread with mayo")
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To: pookie18

Ain't karma a bi@#ch? What goes around comes around. I love it when tree huggers step on it!!!!


13 posted on 05/04/2005 11:37:37 AM PDT by sean327 (All men are created equal, then some become Marines!)
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To: pookie18
Do you remember when they beat and skinned some baby seals for the camera? They wanted to "show what evil people do," but they couldn't find any of these evil people...SO they carried out the evil themselves. It was ok, though: The ends justified the means.

Some pigs are more equal than others.

14 posted on 05/04/2005 11:38:07 AM PDT by bannie (The government which robs Peter to pay Paul can always depend upon the support of Paul.)
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To: beltfed308

The poor Chinook!!!!!!

LOL!!!!


15 posted on 05/04/2005 11:38:48 AM PDT by bannie (The government which robs Peter to pay Paul can always depend upon the support of Paul.)
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To: beltfed308

ROTFLMAO
That pic is going to make the rounds here in MA.


16 posted on 05/04/2005 11:42:38 AM PDT by ProudVet77 (Warning: Frequent sarcastic posts)
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To: bannie

This regulation has been around since 1990. Its part of OPA-90, the Oil Pollution Act, enforced by the US Coast Guard. I'll wager the captain has a 500 ton USCG license and had a review of these regs the last time he renewed his ticket.


17 posted on 05/04/2005 11:45:27 AM PDT by Eric in the Ozarks
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To: pookie18

"Dano, sometimes the irony is overwhelming. Book 'em."

18 posted on 05/04/2005 11:50:15 AM PDT by polymuser
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To: pookie18
My guess is that the State will never be able to prove criminal intent because of Greenpeace's well-known stance on environmental protection and we'll hear no more about this story.

Muleteam1

19 posted on 05/04/2005 11:51:38 AM PDT by Muleteam1 (Roswell aliens are real. They speak Spanish.)
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To: pookie18

"But the rules don't apply to us!"


20 posted on 05/04/2005 11:51:48 AM PDT by talleyman (It takes a village to raise an idiot.)
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