United States v. Briana Waters

ORDER

The opinion filed September 15, 2010, slip op. 14097, and reported at 622 F.3d 1075 , is amended by deleting the penultimate sentence in the third paragraph of the opinion, slip op. at 14103, 622 F.3d at 1078, which states: <> and replacing it with: < >

With this amendment, the panel votes to deny the government’s petition for panel rehearing. No further petitions for rehearing will be entertained.

OPINION

In May 2001, several radical environmentalists decided to take a stand against genetic engineering. They did not protest; they distributed no literature. Instead, they opted for a more direct approach: they selected two targets that they (erroneously) believed were engaged in genetic engineering, and burnt them to the ground.

One of the targets was the office of Dr. Toby Bradshaw, a professor at the Center for Urban Horticulture at the University of Washington (“UW”). The fire, started with a homemade, timed incendiary device, spread from Professor Bradshaw’s office to the rest…