3 States Pass Anti-Pipeline Protest Bills in Two Weeks
Update, April 20: This article has been updated to include the fact that the final Kentucky bill was amended to narrow the scope of the new penalties.
In just two weeks, three states have passed laws criminalizing protests against fossil fuel infrastructure.
Between March 16 and March 25, the governors of Kentucky, South Dakota and West Virginia all signed laws designating oil and gas pipelines and facilities "critical" or "key" infrastructure and imposing new penalties for anyone caught tampering with them, HuffPost reported Friday. The laws came as much of the nation was absorbed by the spread of the new coronavirus, which has killed more than 2,000 people in the U.S. so far.
"While we are all paying attention to COVID-19 and the congressional stimulus packages, state legislatures are quietly passing fossil-fuel-backed anti-protest laws," Greenpeace USA researcher Connor Gibson, who alerted HuffPost to the laws' passage, told the news site. "These laws do nothing new to protect communities. Instead they seek to crack down on the sort of nonviolent civil disobedience that has shaped much of our nation's greatest political and social victories."
The push to criminalize anti-fossil fuel protests predates the coronavirus pandemic, however, and is part of a broader conservative movement to pass legislation that makes civil disobedience more difficult, as Greenpeace pointed out last year.
Since 2015, bills have been introduced that target particular movement tactics like boycotts, strikes and traffic blockage and increase the penalties for already-illegal activities. In the case of anti-pipeline protests, the laws have sold themselves as protecting "critical infrastructure" but follow a very specific playbook, as Greenpeace explained:
Generally, critical infrastructure bills share several common elements. (1) They create new criminal penalties for already illegal conduct — for example, turning misdemeanor trespass (a common charge for civil disobedience) into a felony. (2) They broadly redefine the term "critical infrastructure" to include everything from cell phone towers to trucking terminals; far greater than the fossil fuel pipelines the bills purport to protect. (3) The bills also seek to create liability for organizations that support protesters by treating such support as a criminal conspiracy.
To date, 11 states have enacted similar "critical infrastructure" legislation, according to the International Center for Not-for-Profit Law's U.S. Protest Law Tracker.
So what exactly do the three most recent laws say?
The Kentucky law, signed by Democratic Gov. Andy Beshear March 16, designates "natural gas or petroleum pipelines" as "key infrastructure assets." The area designated as key infrastructure is not limited to areas that have been fenced off or marked with "no entry" signs. The law creates a new felony offense for "tamper[ing] with the operations of a key infrastructure asset... in a manner that renders the operations harmful or dangerous." The final Kentucky bill was amended to narrow the scope of the new penalties from targeting "impeding" or "interfering" with a pipeline to focus only on "tampering." It also got rid of liability for groups or people who funded pipeline tampering and restricted it to those who intentionally caused it.
South Dakota Gov. Kristi Noem (R) signed two laws this month that could have a chilling effect on protests, according to HuffPost. The first, signed March 18, counts all oil and gas facilities and equipment as critical infrastructure and increases the charges for "substantial interruption or impairment" of these facilities to felonies. The second, signed March 23, defines a "riot" as "any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property" and creates a new felony offense for "incitement to riot," according to the U.S. Protest Law Tracker.
The West Virginia law, signed by Gov. Jim Justice (R) Wednesday, also designates a wide range of oil, gas and utilities as "critical infrastructure" and increases fines and sentences for trespassing, trespassing with intent to "vandalize, deface, tamper with equipment, or impede or inhibit operations," and actually vandalizing equipment or impeding operations, according to the U.S. Protest Law Tracker.
These bills are not the last on the horizon, according to HuffPost. Another passed the Alabama Senate in March, and similar legislation has been introduced in Illinois, Minnesota, Mississippi, Ohio and Pennsylvania.
- Could "Liking" an Anti-Pipeline Facebook Post Soon Be Illegal ... ›
- Leaked Audio Shows Oil Lobbyist Bragging About Success in ... ›
- Anti-Protest Legislation Is Threatening Our Climate - EcoWatch ›
- Appeals Court Halts Dakota Access Shutdown Order - EcoWatch ›
Could mouthwash help stop the spread of the new coronavirus?
- How to Stop Touching Your Face to Minimize Spread of Coronavirus ... ›
- Vodka Won't Protect You From Coronavirus, and 4 Other Things to ... ›
EcoWatch Daily Newsletter
By Naomi Larsson
For centuries, the delicate silver dove has been a symbol of love and fidelity.
Biodiversity and Habitat Loss<p>Their near extinction is a symbol of the <a href="https://www.dw.com/en/global-biodiversity-outlook-targets-extinction-summit-new-york-pledge/a-54932895" target="_blank">biodiversity crisis</a> in the UK, largely driven by habitat destruction. Britain is now one of the countries with the most <a href="https://www.wwf.org.uk/future-of-UK-nature#:~:text=The%20UK%20is%20one%20of,than%20half%20are%20in%20decline" target="_blank">depleted nature</a> in the world according to the World Wildlife Fund. Half its plant and animal species are in decline and more than <a href="https://www.rspb.org.uk/about-the-rspb/about-us/media-centre/press-releases/let-nature-sing-wales/#:~:text=a%20natural%20tragedy.-,Over%2040%20million%20birds%20have%20vanished%20from%20UK%20skies%20in,unaware%20of%20the%20impending%20danger" target="_blank">40 million birds</a> have vanished in just half a century.</p><p>"[Turtle doves] are the canary in the [coal] mine because there are all these other species before it and after it," said Tree. "It's an umbrella for all the other species that are heading that way."</p><p>Turtle doves migrate south through Europe to sub-Saharan Africa between July and September, ending up in dry woodland and farmland areas of countries like Mali and Senegal for winter. </p><p>Droughts in West Africa and the Sahel region are believed to have contributed to the fall in turtle dove species recorded in northern Europe, with low rainfall reducing supplies of the seeds and insects the birds rely on for energy for the long journey home.</p>
Conservation and Farming<p><a href="https://www.operationturtledove.org/" target="_blank" rel="noopener noreferrer">Operation Turtle Dove,</a> a partnership project of charities including the Essex Wildlife trust, works with landowners and farmers to actively build turtle dove habitat.</p><p>Outten works with <a href="https://www.ebws.org.uk/birdsites/blue-house-farm-ewt-north-fambridge" target="_blank">Blue House Farm</a>, a 660-acre nature reserve in the UK county of Essex, where they have replicated weedy fallow plots. </p><p>"We work on it every year to make sure it's in the condition it needs to be with plants such as clovers and black medic," Outten said. "These plants are native to the landscape and produce the seed the birds feed on." </p><p>The birds eat a wide range of seeds from various plants that would have been abundant 50 or 100 years ago, added Guy Anderson, program manager for species recovery with The Royal Society for the Protection of Birds (RSPB). </p><p>"But it's simply true that with the gradual process of <a href="https://www.dw.com/en/farming-without-pesticides-how-can-we-make-agriculture-greener/a-52216796" target="_blank" rel="noopener noreferrer">intensifying our agricultural production</a>, the availability of those seeds has dropped and dropped," said Anderson.</p><p>Part of the project includes supplementary feeding — providing sources of food in the form of seed or grain. Under the Countryside Stewardship Scheme in England, farmers can receive financial support to create a turtle dove habitat. </p><p>Though they haven't recorded an increase in doves across the sites in the four years of working on the project, Outten said they are seeing improvements in how landowners and farmers manage habitat for the birds. </p>
A Turtle Dove Haven<p>The 3,500-acre Knepp Estate in West Sussex is another project taking a different approach and one of the few places where turtle dove numbers are increasing.</p><p>Isabella Tree and her husband Charlie Burrell converted their intensively farmed land into a rewilding project almost 20 years ago. They have let the land return to nature.</p><p>Just one year after they'd finished <a href="https://www.dw.com/en/uks-most-talented-architects-are-not-human/a-35952128" target="_blank">rewilding</a> the southern part of their property, they heard turtle doves for the first time. It's now a breeding hotspot for the birds with an estimated 19 pairs. Knepp is also home to <a href="https://www.rewildingbritain.org.uk/rewilding/rewilding-projects/knepp-estate" target="_blank" rel="noopener noreferrer">2% of the UK's population</a> of nightingales. </p><p>Tree is critical of supplementary feeding schemes that, in her view, are short term. She questions the chances of turtle doves getting to feed on scattered seeds before other mammals eat them first.</p>
- 41% of UK Species Have Declined Since 1970, Major Report Finds ... ›
- One in Eight Bird Species Threatened With Extinction, Study Finds ... ›
- Pesticides to Blame for UK's Declining Turtle Dove Population ... ›
We pet owners know how much you love your pooch. It's your best friend. It gives you pure happiness and comfort when you're together. But there are times that dogs can be very challenging, especially if they are suffering from a certain ailment. As a dog owner, all you want to do is ease whatever pain or discomfort your best friend is feeling.
Life-sized, ultra-realistic robotic dolphins could help end animal captivity by replacing living creatures in aquariums and theme parks.
- Keeping Large Mammals Captive Damages Their Brains - EcoWatch ›
- Scientists Combine AI With Biology to Create Xenobots, the World's ... ›
- Singapore Uses 'Scary' Robot Dog to Enforce Social Distancing ... ›
By Jessica Corbett
Green groups applauded Sen. Jeff Merkley on Wednesday for introducing a pioneering pair of bills that aim to "protect the long-term health and well-being of the American people and their economy from the catastrophic effects of climate chaos" by preventing banks and international financial institutions from financing fossil fuels.