Written by Michael Kaiser for the Seattle University School of Law's Environmental Law Society's Journal "Perspectives," Issue Three, Spring 2006, 5-7. Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.

1. 24Id. authority for private discrimination in earth's oldest and richest ecosystems,
25Id.
public accommodations such as inns, suffering substantially greater
26 Id.; See Kaiser, supra note 4.
theatres, and railcars. 2 depletion.? Few people argue that
27 Kaiser, supra note 4; See Thau, supr~
note 1, at 8. Challenging the law, however, often these examples of both shrinking
28 Kaiser, supra note 4. exacts a heavy price on society and natural resources and biodiversity are
29Id. the challengers. The Civil War cost not overwhelmingly caused by human
30Id. approximately 600,000 lives and, activities.
furthermore, it is arguable that one­ The only question among citizens
who feel that the state of the
environment is of paramount concern
Eco-Terrorists
is what should be done. There are
some who believe we should work
or Civil Rights Pioneers
within the system and some who feel
that extra-legal means are needed.
Local conservation groups and
By Mike Kaiser organizations like the Sierra Club are
examples of the former.
These groups use more mainstream
Theoretically the "rule of law" hundred and fifty years later relations methods to bring about change,
is what binds a society together in between the North and the South still such as purchasing land to set
an essentially cohesive and peaceful have not fully recovered. 3 The way in aside or trying to effect change
manner. Globally, the United States which the civil rights activists of the through the political process. Other
represents one of the most successful mid-twentieth century were harassed, organizations, however, feel that these
manifestations of this principle for jailed, and killed are further examples more mainstream methods are not
the past several centuries. At times, of the price of challenge. accomplishing enough or, at least
however, the United States has had Because of these high costs, the use in some areas, not accomplishing
to decide what to do when the law of extra-legal means in the pursuit of anything at all. The Earth Liberation
does not adequately address a societal justice is supportable in only the most Front (ELF) and its sister organization,
concern. limited instances. Only where the the Animal Liberation Front (ALF),
The Civil War is a past example of issue is of paramount importance and are two groups using extra-legal means
how the United States has addressed the law's ability to fashion a remedy to effect change.
the inability of laws to fashion an appears lacking can the possible The ELF was founded in Brighton,
appropriate remedy for a societal legitimacy of extra-legal means be England in 1992 by more activist
defect. In fact, scholars argue that the considered. members of the environmental group
law itself, in the form of Dred Scott Currently, there are citizens and Earth First!S Biocentrism is at the
v. Sandford, was a leading cause of groups who feel that the state of the core of ELF philosophy. This belief
the Civil War. I Only after fighting environment is a paramount concern. holds that all organisms are equal
the war was the United States able to In fact, sixty percent of United and deserving of moral rights and
reverse the reasoning of Dred Scott, States citizens rate the condition of consideration. 9 Thus, biodiversity and
that African-Americans were property, the environment as fair to poor. 4 wilderness are the ideals. 10
and pass the Thirteenth Amendment Areas of environmental concern are The ELF describes itself as "an
abolishing slavery. multiple and varied. For example, underground movement with no
The civil rights battles that took most estimates put the current rate of leadership, membership, or official
place a century later are additional extinctions at 1,000 times or greater spokesperson."ll The ELF goals are
examples of society's response to the the normal rate. 5 Furthermore, just to inflict economic damage on those
law's inability to remedy societal one-quarter of the world's marine fish exploiting the environment and to
defects. Furthermore, as with Dred populations are at sustainable levels.6 educate the public about crimes
Scott, the law itself was a leading In addition, forests cover less than against nature while at the same
source of the problem. The Civil one-half of the area they originally time taking precautions not to harm
Rights Cases, although decided almost did, with losses in areas of old-growth "human or nonhuman" animals. 12
a century earlier, were still sanctioning timber and tropical rainforests, the The ELF further states that individuals
5
!

2. who commit illegal acts under the ELF legal methods are necessary to effect animals from places of abuse such as
name do so under the ELF banner, change. In fact, the ELF and ALF's laboratories or farms and place them
and are motivated only by their own aims and methodology are so similar in good homes where they can live free
conscience. 13 that they often work together as from suffering. The second guiddine
ELF acts are carried out by small evidenced by joint communiques. 23 is to inflict economic damage on
groups or cells. 14 Within these cells The ALF traces its roots to 1960's those who profit from the exploitation
there are no leaders and information England where animal-rights activists and misery of animals. The third
is dispersed on a need to know basis. IS began sabotaging hunts by laying false guideline is to reveal the horrors and
Often the cells commit only one act. scents, blowing horns, and destroying atrocities committed against animals
The lack of organizational structure, hunter's vehicles. 24 After two activists behind closed doors by performing
the size and duration of the cells, non-violent direct actions and
and the tight control on information liberations. The fourth guideline
invariably place law enforcement in is to take all necessary precautions
a reactive mode. 16
1heALF
against harming animals, human
The ELF's primary tool is arson. or nonhuman. The last guideline
In fact, The ELF's first act of note traces its roots to 1960 ~
is to analyze the ramifications of
in the United States occurred in all proposed actions, and never
1996 when a US Forest Service apply generalizations when specific
truck was destroyed by arson in England where
information is available. 26
Oregon's Willamette National Forest ALF cells are very similar in
to protest the logging of old-growth animal-rights activists
structure to ELF cells. The cells
timber. 17 usually consist of two to five
However, between 1996 and individuals as the ALF stresses
2001 simple acts ofvandalism by began sabotaging hunts
keeping teams as small as possible
ELF members outnumbered acts because having extra people puts
of arson. 18 This vandalism includes them unnecessarily at risk. 27 The
by layingfolse scents,
spray-painting ELF slogans and ALF suggests that each team have
breaking windows. 19 The ELF also a leader because often times split­
commits acts of sabotage which blowing horns, and
second decisions must be made in
include damaging equipment, crops, the heat of the moment.28
buildings, and vehicles. 20 Like the ELF, ALF activism has
Property and financial losses from
destroying
led to substantial losses. In July of
ELF activities have been substantial. 1989 the ALF entered a laboratory at
The ELF claimed responsibility for hunter's vehicles.
Texas Tech's Health Sciences Center
the 1997 fire near the ski resort of in Lubbock, Texas that specialized
Vail, Colorado, in which damage to in research on sleeping disorders. 29
housing developments was estimated The ALF damaged and disabled
at $12-24 million dollars.21 The equipment, spray-painted slogans
ELF has also claimed responsibility were jailed in 1975, support grew on the walls, and removed five cats
for a $1 million dollar fire at a and the ALF was born. The ALF being used to conduct experiments
Department ofAgriculture facility in defines itself as consisting of small on.30 The laboratory was shut down
Olympia, Washington; another $1 autonomous groups who carry out for 45 days and damage, both direct
million dollar fire at the Boise Cascade actions according to ALF guidelines.25 and indirect, was estimated at over $1
lumber company in Monmouth, The ALF further states that "any million dollars. 31 In November of 1996
Oregon; and a $5.4 million dollar group of people who are vegans or the ALF firebombed an Alaskan Fur
fire at the University ofWashington's vegetarians and who carry out direct warehouse in Bloomington, Minnesota,
Center for Urban Horticulture.22 action according to ALF guidelines causing damage in excess of$2 million
These are just some of the largest have the right to regard themselves as dollars. 32 ,The ALF itself states that in
examples. part of the ALE" 2004 the group committed 554 acts
Like the ELF, the Animal Liberation There are five ALF guidelines. ofsabotage, vandalism, and arson and
Front (ALF) believes that extra­ The first guideline is to liberate that; furthermore, 17,262 animals
6

3. were "liberated."33 Genesis 1:28 places a special 14 Joshua K. Marquis & Danielle M. Weiss,
In the end, it certainly can be argued responsibility on humans to act as Eco-Terror: Special Interest Terrorism, 39­
FEB Prosecutor 30, 31 (2005).
that ELF and ALF methodology is stewards of the planet, not masters.
15 Bryan Denson & James Long, Eco­
wrong. Our legal system is designed, Furthermore, there are those who Terrorism Sweeps the American West (Sept.
at least in theory, to provide the proper liken the actions of the ELF and ALF 26, 1999) at http://oregonlive.com.
venue for change. Furthermore, if to Mathew 21: 12 where Jesus threw 16 See Robert Gehrke, FBI Names Most­
everyone broke the law there would the money changers out of the temple. Active Terrorists; Environmental Group at
no society at all and the ecosystem Ultimately, as with most things, Top of List with 600
Attacks Since 1996, Charlotte Observer.
would probably fare even worse. history will be the final judge. Will
Feb. 13,2002 at 17A.
Additionally, instead of helping the the ELF and ELF be looked at as 17 http://wwwl.umn.edu/dcs/
cause, there are many people who are common criminals or civil rights earthliberationfront3pub.htm (Last visited
turned off by the actions of the ELF pioneers, perhaps even akin to the January 30,2006).
andALE "Minutemen" ofyore? The decision is 18 Stefan H. Leader & Peter Probst, The
Lastly, on a much simpler platform, obviously an individual one based on Earth Liberation Front and Environmental
Terrorism.
there are some who feel that the earth, a person's belief as to the importance
http://wwwl.umn.edu/dcs/
and by extension the ecosystem, exists of the cause, whether our system can earthliberationfrom3pub.htm (Last visited
for the benefit of humans. Some cite properly address the cause, and what January 28, 2006).
Bible passages such as Genesis 1:28 as behavior is ultimately justified to effect 19Id.
justification for this school of thought. change. 20 Id.
This passage says "Fill the earth and ENDNOTES----------------­ 21 Stefan H. Leader & Peter Probst, The
Earth Liberation Front and Environmental
subdue it; and have dominion over the I Mark w: Janis, Dred Scott and
Terrorism (Last visited
fish of the sea and over the birds of the International Law, 43 Coum. J. Transnat'L. February 28, 2006).
763,782 (2005).
air and over every living thing." 22 Id.
Don E. Fehrenbacher, The Dred Scott
While the arguments against the Case: Its Significance in American Law and 23 Bryan Denson & James Long, Eco­
actions of the ELF and ALF carry Politics, 3 (Oxford Terrorism Sweeps the American West (Sept.
substantial weight, there are counter­ University Press 1978). 26, 1999) at http://oregonlive.com
24 The ALF Primer, http://www.
arguments as well. Certainly the 2 See Civil Rights Cases, 109 U.S. 314, S.
Ct. 18,27 L.Ed. 835 (I883). animalliberationfrom.comlALFrontl
Civil War and civil rights struggles are ALFprime.htm
3 See Michael P. O'Connor, TIme Out of
instances in which extra-legal methods (Last visited on February 28, 2006).
Mind: Our Collective Amnesia about the
were needed. It can also be argued that History of the 25 The ALF Credo, http://www.
people who are turned off by the actions Privileges and Immunities Clause, 93 animalliberationfrom.us/ALFront/alCcredo.
ofthe ELF and ALF are people who K.Y. L. J. 659, 682. (2004-2005). htm
4 Yale Center for Environmental Law &
26 Id.
were neutral, at best, toward the causes
Policy. Environmental Poll: May 2005. 27 The ALF Primer, http://www.
championed by the ELF and ALE animalliberationfron t.comlALFrontl
http://www.yale.edu/envirocenter!eab.
Furthermore, it is difficult to ALFprime.htm (Last visited March 1,
htm. (Last visited on February 25, 2006).
determine where to draw the line 5 James Rasband. James Salzman, and
2006).
between "humans" and "animals," a ,Mark Squillace, Natural Resources Law and
28 rd.
line obviously used as justification Policy, 313 29 Report on ALF, http://www.
(Foundation Press 2004). animalliberationfront.comlALFront/Premise_
for humans' activities toward the
6 Id. History/ALFTXTer.htm (Last visited March
ecosystem. In some instances the 1,2006).
7 Id.
genetic difference between humans 30 Id.
S Stefan H. Leader & Peter Probst, The
and animals, such as chimpanzees, Earth Liberation Front and Environmental
31Id.
is roughly 1%.34 Additionally, a Terrorism. 32 Sarah McKenzie, Animal Liberation
moral argument can be made that if http://wwwl.umn.edu/dcs/ From takes credit for destruction (April 7,
earthliberationfront3pub.htm (Last visited 1999) www.mndaily.com/artides/1999/04/0
there really is a substantial difference
February 28, 2006). 7110127
between humans and animals then 33http://www.animalliberatationfront.
9 Id.
humans should be the subject of com/ALFrom/Premise_History2004%20Di
10 Id.
experiments that are conducted solely Il http://earthliberationfront.com/(Last
recc%20Action%20Report.htm (Last visited
for the benefit of humans. visited February 28,2006). March 2,2006).
12Id. 34 http://www.janegoodalLorg/
Lastly, even the biblical arguments
13 http://earthliberationfrom.com/(Last
chim panzees/similarities.default.asp (Last
cut both ways. Some argue that
visited February 28,2006). visited January 30, 2006)
7
l