#pipelineprotests — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #pipelineprotests, aggregated by home.social.
-
From 2021... This started before #Trump, but things are way worse now!
#AntiProtestLaws Threaten #Indigenous and #Climate Movements
“#CriticalInfrastructure” laws in over a dozen states wrongly invoke national security to justify targeting #PipelineProtesters.
Kaylana Mueller-Hsia, March 17, 2021
"In 2016 as a member of Congress, #DebHaaland stood for four days in solidarity with protesters at the #StandingRockSioux Reservation against construction of the #DakotaAccessPipeline. Today, as the first #NativeAmerican to be the secretary of the interior — the first to lead any cabinet department — she has the opportunity to support the #FirstAmendment rights of the protesters she joined in the past.
"With her authority over energy development on federal lands, Haaland can be a voice for Indigenous and climate movements facing an urgent threat: the rapid spread of laws to protect 'critical infrastructure' that single out activists.
"Since 2016, 13 states have quietly enacted laws that increase criminal penalties for trespassing, damage, and interference with infrastructure sites such as oil refineries and pipelines. At least five more states have already introduced similar legislation this year. These laws draw from national security legislation enacted after 9/11 to protect physical infrastructure considered so 'vital' that the 'incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety.'
"Many industry sectors are designated critical infrastructure, including food and agriculture, energy, water and wastewater, and communications, but most state critical infrastructure laws focus more narrowly on oil and gas #pipelines. While protecting critical infrastructure is a legitimate government function, these laws clearly target environmental and Indigenous activists by significantly raising the penalties for participating in or even tangentially supporting pipeline trespassing and property damage, crimes that are already illegal. Many laws are modelled on draft legislation prepared by the American Legislative Exchange Council, also known as #ALEC, a powerful lobbying group funded by #FossilFuel companies like #ExxonMobil and #Shell.
"Central to the new critical infrastructure laws are increased criminal penalties and vague, broad definitions that could discourage protest and particularly, nonviolent civil disobedience. Many laws make any 'damage' to or 'interference' with a facility deemed critical infrastructure a felony. Under #Ohio’s law, trespass with the purpose of 'tampering' with a facility is a third degree felony punishable by up to 10 years in prison and a $20,000 fine. In Indiana, a felony conviction is applied for any facility trespass, a crime that is typically a misdemeanor or fine.
"Vague language like 'damage,' 'tamper,' and 'impede' in critical infrastructure laws makes it unclear if, for example, knocking down #SafetyCones and starting a fire next to a natural gas facility are the same under the law. Many critical infrastructure laws do not clarify if they apply only to land a company fully owns or also to pipeline easements, which run through both public and private lands. At least some laws apply to both. Only a week after Louisiana’s critical infrastructure law was enacted, opponents of the Bayou Bridge pipeline were charged with trespassing for boating on public waters on the border of a pipeline easement.
"The combination of overly broad language and steep penalties in critical infrastructure laws make it likely that future activists and supporting organizations will be discouraged from exercising their First Amendment-protected protest rights. A lawsuit brought in response to the #BayouBridge charges will test the laws for the first time on First Amendment grounds.
"Many of these laws even extend beyond the protesters. In a proposed law in #Minnesota, anyone who 'recruits, trains, aids, advises, hires, counsels, or conspires' someone to trespass without a 'reasonable effort' to prevent the trespassing is guilty of a gross misdemeanor. In #Oklahoma organizations that conspire with perpetrators are liable to be fined up to $1 million. These laws may infringe on the freedom of association protected under the First Amendment. Indeed, the Supreme Court ruled that the illegal actions of a few individuals do not implicate an entire group.
"The criminalization of environmental protest is fueled by federal security agencies and oil and gas companies, who are often major political donors. For years, the Department of #HomelandSecurity and the Federal Bureau of Investigation have labelled activists at infrastructure sites as #DomesticTerrorists and violent extremists in order to justify further #surveillance and #policing. Government documents have been released that detail the FBI’s focus on '#AnimalRights / #EnvironmentalExtremism,' describing even #NonviolentProtesters as #extremists.
"At Standing Rock, a private security firm [#Blackwater] hired by the pipeline companies consistently referred to protesters as 'terrorists' while working with law enforcement. Ahead of the #KeystoneXLPipeline protests in 2018, #DHS agents held an '#AntiTerrorism training' for state and local authorities. In contrast, members of the #FarRight militant group the #ThreePercenters have established a significant presence at oil and gas plants with little law enforcement reaction.
"To be sure, as the recent power outages in Texas showed so vividly, the United States needs reliable energy. But it’s questionable whether pipeline construction sites that could feasibly be moved or replaced with renewable energy sources should legitimately be considered 'vital' to the energy grid. Furthermore, a singular focus on this aspect of security comes at the cost of others. Whose essential resources do pipeline projects protect and whose do they threaten? Black Americans are disproportionately likely to live near natural #GasPipelines and experience higher #CancerRisk due to unclean air. An oil spill from the Dakota Access Pipeline could devastate the #SiouxTribe’s water source. Meanwhile, on some reservations, 10 percent of households lack electricity and as many as 40 percent of households must haul water and use outhouses. The well-being of these communities must count too.
"The rise in critical infrastructure laws may foreshadow more anti-protest legislation to come. A similar wave of anti-protest laws has already begun in response to the 2020 #BlackLivesMatter protests. State legislators contemplating critical infrastructure laws should bear in mind that laws that criminalize trespassing and protect the safety of construction workers and law enforcement already exist. Critical infrastructure laws don’t fill an unmet need — they only raise the penalties for specific groups of people. Courts adjudicating #FirstAmendment challenges in the coming years should recognize that these laws are overbroad and impose disproportionately severe penalties that chill freedom of assembly and association.
"As secretary of the interior, Haaland promises to uplift the voices of Indigenous and climate protesters in the Biden administration. State legislators, law enforcement, and the fossil fuel industry should follow suit and listen to these activists rather than suppressing constitutionally protected activity under the guise of national security."
#BrennanCenter #Authoritarianism #Fascism #NoDAPL #NoKXL #PipelineProtests #WaterIsLife #ACAB #ErikPrince #BigOilAndGas #Oiligarchy #CorporateColonialism #EnvironmentalRacism #WaterIsLife #AirIsLife #ExxonLied #Blackwater #StandWithStandingRock #StandingRockSioux
-
State by State Pending and recently passed #AntiProtestLaws: #NorthDakota
SB 2044: Heightened penalties for #protests near #CriticalInfrastructure
Enhances potential penalties for individuals who protest near existing and planned gas and oil #pipelines by criminalizing acts that interrupt or interfere with critical infrastructure facilities. In addition to prohibiting actual tampering with critical infrastructure property and equipment, the law prohibits "interfering, inhibiting, impeding, or preventing the construction or repair" of a critical infrastructure facility. Further, the law expands the definition of "critical infrastructure facility" to include a "site or location designated or approved for the construction of a facility" such as an oil or gas pipeline. Intentional interruption of a critical infrastructure facility, including by interfering with pipeline construction, is a Class C felony under the law, subject to a penalty of five years' imprisonment, a fine of $10,000, or both. The law also creates organizational liability for such acts: An organization found to have "conspired" with an individual who committed the interference could be criminally liable for ten times the fee imposed on the individual, or up to $100,000.
Status: enacted
Introduced 3 Jan 2019; Approved by Senate 15 Feb 2019; Approved by House 25 March 2019; Signed by Governor Burgum 10 April 2019
Issue(s): Protest Supporters or Funders, Infrastructure
HB 1426: Heightened penalties for #riot offences
Increases the penalties imposed for riot offenses. Under the law, participation in a riot is a Class A rather than Class B misdemeanor, punishable by up to one year in prison and a $3,000 fine. Engaging in a riot involving more than 100 people is made a Class B felony, subject to 10 years in prison and a $20,000 fine.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-8158-02000.pdfStatus: enacted
Introduced 16 Jan 2017; Governor Burgum signed the law on 23 Feb 2017
Issue(s): Riot
HB 1293: Expanded scope of criminal trespass
Expands the scope of criminal trespass activity under state law such that it could encompass protests, demonstrations, or other gatherings on private property, if notice against trespass is "clear from the circumstances." The offense could be punishable by up to 30 days in jail and a $1,500 fine. The law also creates an additional, noncriminal trespass offense and allows officers to issue a citation with a $250 fine for trespassing. The law was part of a package of legislation introduced in response to the #DakotaAccessPipeline protests.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0650-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Signed by Governor Burgum 23 Feb 2017
Issue(s): Trespass
HB 1304: New penalties for protesters who conceal their identity
Prohibits the wearing of #masks, #hoods, or other device that "conceals any portion" of an individual's face while committing a criminal offense, in order to avoid recognition or identification. As drafted, the offense could encompass, e.g., individuals wearing hooded clothing while participating in a protest and also committing a minor offense such as jaywalking. Under the law, commission of the offense comprises a Class A misdemeanor, punishable by up to one year in jail and a $3,000 fine.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0311-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017
Issue(s): Face Covering
HB 1226: New criminal penalties for masked protesters
Would create a new criminal offense that could cover peaceful protesters who choose to wear a mask. The bill would make it a Class A misdemeanor, punishable by up to one year in jail and $3,000, to wear a mask “with intent to conceal the identity” of the wearer while “congregating in a public place with any other individual wearing a mask, hood, or other device that covers, hides, or conceals any portion of the individual’s face.” The bill exempts public gatherings to celebrate “Halloween, a masquerade, or other similar celebration,” but does not include exemptions for masks worn during protests, or for health, religious, or other reasons. As written, the bill could cover a protester wearing a mask to avoid retaliation for their political speech, if there were any other individual in the crowd also wearing a mask—for instance, a medical mask to avoid spreading or contracting a contagious disease.
Full text of bill:
https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1226.html?bill_year=2025&bill_number=1226Status: ENACTED!
Introduced 13 Jan 2025; Approved by House 10 February 2025
Issue(s): Face Covering
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests #NoDAPL