Oh, this is rich. I think it comes under the "chickens coming home to roost" category.
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Judge refuses to throw out charges against Greenpeace
The Associated Press
KETCHIKAN Ketchikan District Court Judge Kevin Miller has denied motions to dismiss state charges that Greenpeace and ship agent Willem Beekman violated oil spill prevention laws last year.
A trial is set for March 29.
Greenpeace Inc. denied responsibility, saying it never owned, operated or had crew members aboard the Arctic Sunrise.
State prosecutors replied that Greenpeace's motion amounted to "a corporate shell game designed to avoid the consequences of their actions."
Judge Miller said it would be for a jury to decide.
"The court finds that the State of Alaska has produced sufficient evidence such that the court cannot conclude as a matter of law that the State has improperly charged Greenpeace Inc.," Miller wrote in papers filed Thursday.
Greenpeace and Arctic Sunrise Captain Arne Sorenson were each charged with two counts of operating in state waters without an oil discharge prevention and contingency plan.
They also were charged with two counts of operating without proof of financial responsibility for oil spill damages.
Ship agent Beekman, a Greenpeace employee, also was charged with one count of each of the same two misdemeanors. Miller denied his motion to dismiss.
The Arctic Sunrise entered Alaska waters and set anchor near downtown Ketchikan on July 12 at the start of a monthlong forest protection campaign in Southeast Alaska.
The next morning, Robert Flint of the Department of Environmental Conservation's Division of Spill Prevention and Response confirmed that the ship was in Ketchikan and that it exceeded 400 gross tons, bringing it under requirements for a contingency plan and proof of financial responsibility.
DEC met with Beekman in Ketchikan that afternoon and discussed getting the Arctic Sunrise into compliance, according to the documents.
The Arctic Sunrise departed Tongass Narrows July 14. Charges were filed July 21 in Ketchikan District Court. The ship departed despite an order from the DEC and agreement by Greenpeace that it would remain at anchor until it complied with the law, according to prosecutors.
When the vessel sailed, DEC referred the matter to its Environmental Crimes Unit.
Beekman, the ships agent, was again notified that the ship should stop its movement and remain at Ketchikan. He apologized but said it was important for the Arctic Sunrise to remain on schedule, according to prosecutors.
In its motion to dismiss the charges, Greenpeace claimed it was not the party responsible for operating the motor yacht Arctic Sunrise or for filing its required paperwork.
Greenpeace attorney Sidney Billingslea claimed that the ship's owner, Stichting Phoenix, chartered the vessel to Stichting Marine Services.
"Greenpeace International painted the hull and funnel with Greenpeace colors and flew the house flag as permitted under the charter between Stichting Phoenix and Stichting Marine Services," Billingslea wrote. "Greenpeace Inc. had no ownership or operational involvement with the charter of the Arctic Sunrise."
Prosecutors said Greenpeace's attempts to distance itself from the crimes were disingenuous.
"The defendant acts in conjunction with all other entities named in the information under the generic name 'Greenpeace' whenever it suits their purpose, but disavows the relationships when liability and convenience dictates."
Beekmans attorney, Michael Moberly of Anchorage, filed a motion to dismiss charges based on "selective prosecution." He claimed that other ships have arrived in Alaska without proper oil pollution documents but that the state never charged them with crimes. The prosecution against Beekman and Greenpeace were politically motivated, according to the motion.
Kevin Burke, an assistant attorney general, said the Beekman, Greenpeace and Sorenson cases are unusual because the Arctic Sunrise departed after being ordered to remain in place.
Other ships have agreed to terms while obtaining the required documents, Burke wrote.
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