Anti-Protest Legislation Is Threatening Our Climate
By Maggie Ellinger-Locke
We only have about a decade to reverse course on the climate crisis. Activism opposing fossil fuel pipelines is needed more than ever. But activists are facing threats to their right to protest in state legislatures across the country. Lawmakers are introducing legislation to restrict the right to protest. These bills are often modeled on resolutions drafted by companies and passed through groups like the American Legislative Exchange Council (ALEC), the secretive group of corporate lobbyists trying to rewrite state laws to benefit corporations over people, and are usually supported by law enforcement groups. Advocates are fighting back, urging elected officials to vote against these bills. But even the mere introduction of these bills has the power to chill speech and curtail activism.
The International Center for Not-for-Profit Law has been tracking these bills where you can see nearly 100 have been introduced, so far.
The bills are not seeking to target protest generally, they are much more sneaky than that. Let me break it down.
There are several categories of bills that have been introduced and in some cases, enacted: anti-boycott legislation, bills that limit collective bargaining, bills that increase criminal penalties for protests against fossil fuel pipelines, bills that enhance criminal penalties for highway shut down protests, bills restricting the rights of students to oppose hate speech college campuses, and more.
Each category of bills attempts to criminalize a particular movement tactic, often to increase criminal penalties for already illegal conduct.
The trend emerged in 2015 and was first used against the boycott, divestment, and sanctions movement in support of the Palestinian rights. Anti-boycott legislation has been introduced, and in some cases enacted, on the federal level and in all but nine states. Another example is following large wildcat strikes in several states, bills have been introduced to limit the collective bargaining rights of public sector teachers unions. Bills targeting campus speech have been filed in response to student protests against white supremacists. And anti-mask wearing laws — which historically were designed to target the Klan — are now used to target anti-fascists.
But this was just the beginning.
By far the largest category of bills is designed to impact the Movement for Black Lives, which has used highway protests as one of its most successful tactics. Lawmakers introduced legislation that would increase penalties for these protests, and even bills that would remove liability for drivers who hit such protesters with their car. Thus far no anti-liability bills have actually been enacted, but this is hardly a victory, as introducing these bills discourages people from getting involved in the fight for racial justice.
And climate and anti-pipeline activists are also at risk. Fossil fuel pipeline protests, like we saw at Standing Rock and elsewhere, have been another target of those interested in passing these bills. The bills claim to protect "critical infrastructure" but are actually used to criminalize Water Protectors and environmental activism. The first of these bills was introduced and enacted in Oklahoma in 2017, a state with significant oil and gas interests, and the second largest Indigenous population in the country. When voting on these laws, Oklahoma legislators made clear that these bills were a direct response to pipeline protests.
Since that time, these bills have been introduced in nearly two dozen states, and enacted in five, though several more states are currently considering these bills.
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.
We've seen this latter element play out in another form: strategic lawsuits against public participation (SLAPPs), like the one Energy Transfer, the company behind the Dakota Access Pipeline, brought against Greenpeace offices and others. The original lawsuit filed against Greenpeace sought 900 million dollars in treble (triple) damages under RICO, but a federal court recently dismissed the RICO claims with prejudice.
Under these new laws, the punitive fine organizations face can be as much as ten times the amount an individual might face. Energy Transfer is one of several companies that has been lobbying for these bills. The American Petroleum Institute — the lobbying arm of the industry — is also behind much of this.
We've got just over a decade to curb the worst effects of climate change. At a time where climate action is needed more than ever, our lawmakers must say no to fossil fuels and work to keep them in the ground. This session critical infrastructure bills have been introduced in 13 states, primarily in the Midwest. If you live in one of these states, contact your lawmakers and ask them to vote no. And let your friends and family know they can make a difference by speaking out. Time is running out. Take action and resist these attempts to silence dissent.
Maggie Ellinger-Locke is a staff attorney at Greenpeace USA.
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By 2030, almost a third of all the energy consumed in the European Union must come from renewable sources, according to binding targets agreed in 2018. Sweden is helping lead the way.
Sweden is a world leader in renewable energy consumption. Swedish Institute/World Bank
Naturally Warm<p>54% of Sweden's power comes from renewables, and is helped by its geography. With plenty of moving water and 63% forest cover, it's no surprise the <a href="https://sweden.se/nature/energy-use-in-sweden/#" target="_blank">two largest renewable power sources</a> are hydropower and biomass. And that biomass is helping support a local energy boom.</p><p>Heating is a key use of energy in a cold country like Sweden. In recent decades, as fuel oil taxes have increased, the country's power companies have turned to renewables, like biomass, to fuel local 'district heating' plants.</p><p>In Sweden these trace their <a href="https://www.sciencedirect.com/science/article/pii/S0360544217304140#fig3" target="_blank">origins back to 1948</a>, when a power station's excess heat was first used to heat nearby buildings: steam is <a href="https://www.sciencedirect.com/topics/engineering/district-heating-system" target="_blank">forced along a network of pipes</a> to wherever it's needed. Today, there are around 500 district heating systems across the country, from major cities to small villages, providing heat to homes and businesses.</p><p>District heating used to be fueled mainly from the <a href="https://www.sciencedirect.com/science/article/pii/S0360544217304140" target="_blank">by-products of power plants</a>, waste-to-energy plants and industrial processes. These days, however, Sweden is bringing more renewable sources into the mix. And as a result of competition, this localized form of power is now the country's<a href="https://www.sciencedirect.com/science/article/pii/S0360544217304140#fig3" target="_blank" rel="noopener noreferrer"> home-heating market leader.</a></p>
Sweden is using smart grids to turn buildings into energy producers. Huang et al/Elsevier
Energy ‘Prosumers’<p>But Sweden doesn't stop at village-level heating solutions. Its new breed of energy-generation takes hyper-local to the next level.</p><p>One example is in the city of Ludivika where 1970s flats <a href="https://www.buildup.eu/sites/default/files/content/transforming-a-residential-building-cluster-into-electricity-prosumers-in-sweden.pdf" target="_blank">have recently been retrofitted with the latest smart energy technology</a>.</p><p>48 family apartments spread across 3 buildings have been given photovoltaic solar panels, thermal energy storage and heat pump systems. A micro energy grid connects it all, and helps charge electric cars overnight.</p><p>The result is a cluster of 'prosumer' buildings, producing rather than consuming enough power for 77% of residents' needs. With <a href="http://www.diva-portal.org/smash/get/diva2:1232060/FULLTEXT01.pdf" target="_blank" rel="noopener noreferrer">high levels of smart meter usage</a>, it's a model that looks set to spread across Sweden.</p>
<div id="d7bf9" class="rm-shortcode" data-rm-shortcode-id="8757b138d5570bec9d6aad18074a429a"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1273556364263071744" data-partner="rebelmouse"><div style="margin:1em 0">Read more about Western Harbour and book a visit: https://t.co/ujSmVs9rNK 🏡🌳🌊 https://t.co/C5PuPziqIM</div> — Smart City Sweden (@Smart City Sweden)<a href="https://twitter.com/SmartCitySweden/statuses/1273556364263071744">1592474473.0</a></blockquote></div>
Scaling Up<p>A recent development by E.ON in Hyllie, a district on the outskirts of Malmö, southern Sweden, <a href="https://www.eonenergy.com/blog/2019/February/sweden-smart-city" target="_blank">has scaled up the smart grid principle</a>. Energy generation comes from local wind, solar, biomass and waste sources.</p><p>Smart grids then balance the power, react to the weather, deploying extra power when it's colder or putting excess into battery storage when it's warm. The system is not only more efficient, but bills have fallen.</p><p>Smart energy developments like those in Hyllie, Ludivika, and renewable-driven district heating, offer a radical alternative to the centralized energy systems many countries rely on today.</p><p>The EU's leaders have a challenge: how to generate 32% of energy from renewables by 2030. Sweden offers a vision of how technology and local solutions can turn a goal into a reality.</p>
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