When Does Green Rage Become Ecoterrorism?

People like to think of the courtroom as a crucible of justice, but to me it's always seemed a diluter of passions. The atmosphere is restrained, so respectful and genteel it's easy to forget that people's lives hang in the balance. The system has a way of straining out emotion. It is designed to objectify, to control the soaring passions that created the need for the courtroom in the first place.

The perpetrators and the victims pour their passions into the settling ponds of the attorneys, and the attorneys, in turn, pour the diluted stuff into the deep vessel of the judge, and, by extension, into the even deeper water of The System. If you sat in the gallery of a federal courtroom in my hometown of Eugene, Oregon, last summer and watched as six young men and women entered guilty pleas in a string of environmentally motivated arsons -- crimes that the federal government describes as the most egregious environmental terrorism in the nation's history -- you might have wondered where the passion had gone. One by one, in a windowless chamber, the defendants answered perfunctory questions posed by Judge Ann Aiken, who sat Oz-like in the highest chair. One by one, they listened to descriptions of the crimes they were accused of committing. One by one, they accepted the government's offer of plea bargains, and one by one, they said the word. "Guilty."

Kevin Tubbs, thirty-seven, an animal rights activist who migrated to Eugene from Nebraska, mumbled the word and shook his head. Kendall Tankersley, twenty-nine, who holds a degree in molecular biology, choked it out through a gathering sob. Stanislas Meyerhoff, twenty-nine, who wants to study auto mechanics, said it with an odd sort of let's-get-this-over-with politeness. They addressed Judge Aiken as "your honor" and "ma'am."

In the gallery, reporters scribbled. Federal prosecutors with American flag pins affixed to somber blue suits looked on dispassionately. Sentencing dates were set, and the prosecutors, seeking lengthy terms, asked the judge to employ guidelines issued under counter-terrorism laws when considering how much time each should serve.

Reprint Notice:

This article appears in the January/February 2007 issue of Orion magazine, 187 Main Street, Great Barrington, MA 01230, 888/909-6568, ($35/year for 6 issues). Subscriptions are available online: www.orionmagazine.org.

The crimes to which the six confessed included seventeen attacks, all but one of them arson or attempted arson. The actions took place in five western states between 1996 and 2001. No one was injured. Sport utility vehicles were burned at a Eugene car dealership. So was a meat-packing plant in Redmond, Oregon. Other targets included federal facilities in Wyoming and California and Oregon, where wild horses and burros were let loose and buildings burned down. And in the most notorious action, a spectacular nighttime blaze high in the Rockies destroyed several structures at the Vail ski area. Many of the attacks were followed by communiqués issued under the banner of the Earth Liberation Front, a shadowy, leaderless offshoot of the group Earth First!, and by its sister group, the Animal Liberation Front.

Prosecutors say those who did the crimes took extraordinary means to conceal their involvement. They met in secret gatherings they called "book club" meetings, discussing details such as computer security, target surveillance, and lock-picking. They required that each attendee describe actions they took to avoid detection while traveling to the meeting sites. They used nicknames and code words. They called their criminal actions "camping trips," and dubbed the timing devices they attached to incendiary bombs "hamburgers."

"Terrorism is terrorism -- no matter the motive," FBI director Robert Mueller said in January 2006, after the Bush administration announced indictments in an investigation it calls Operation Backfire. "The FBI is committed to protecting Americans from all crime and all terrorism, including acts of domestic terrorism on behalf of animal rights or the environment."