Quantcast
Popular

As Trump Unfurls Infrastructure Plan, Iowa Bill Seeks to Criminalize Pipeline Protests

By Steve Horn

The Iowa Senate has advanced a bill which critics say could lead to the criminalization of pipeline protests, which are being cast as "terrorist activities." Dakota Access pipeline owner Energy Transfer Partners and other companies have lobbied for the bill, Senate Study Bill 3062, which opens up the possibility of prison time and a hefty fine for those who commit "sabotage" of critical infrastructure, such as oil and gas pipelines.


This bill, carrying a criminal punishment of up to 25 years in prison and $100,000 in fines, resembles the Critical Infrastructure Protection Act, a "model" bill recently passed by the American Legislative Exchange Council (ALEC). That ALEC bill, intended as a template for state and federal legislation, was based on Oklahoma's HB 1123, which calls for citizens to receive a felony sentencing, $100,000 fine, and/or 10 years in prison if their actions "willfully damage, destroy, vandalize, deface, or tamper with equipment in a critical infrastructure facility."

According to disclosure records, corporations lobbying for the Iowa bill include not only Energy Transfer Partners, but also Koch Industries, the American Petroleum Institute, Valero Energy, Magellan Midstream and others. The Iowa State Police Association has also come out in support of the bill, while the American Civil Liberties Union of Iowa is against it. The bill has passed out of subcommittee and next goes in front of the state Senate Judiciary Committee.

The bill's introduction comes as President Donald Trump called for Congress to pass a $1.5 trillion infrastructure bill in his State of the Union Address, which according to a leaked outline of his proposal published by The Washington Post, includes pipelines and would expedite the federal regulatory permitting process for them, largely by simply removing environmental requirements.

State Sen. Jack Shipley (R), one of the Judiciary Subcommittee "yes" votes, told the Des Moines Register that the bill was necessary "as evidenced by terrorist activities on pipelines, many many pipelines."

Sen. Charles Schneider, who also voted to advance the bill out of subcommittee, is one of two Iowa ALEC state chairs. The other "yes" vote came from Sen. Rich Taylor, a Democrat.

ALEC is a corporate-funded group which brings together primarily Republican Party state legislators and lobbyists at annual meetings to vote on proposed "model" legislation, generally drafted by corporate lobbyists and attorneys. The Critical Infrastructure Protection Act passed through ALEC's Energy, Environment, and Agriculture Task Force at its States & Nation Policy Summit in December held in Nashville, Tennessee.

Energy Transfer Partners' Iowa lobbyist, Jeff Boeyink, formerly served as chief of staff for Iowa Gov. Terry Branstad, who now serves as U.S. Ambassador to China. Branstad was one of ALEC's key founding members in the 1970s. Energy Transfer in the past has funded ALEC meetings, though it is not clear if they are a current donor, as ALEC does not list funders on its website, nor does it make public who sponsors its meetings.

Boeyink told the Des Moines Register that he believes Energy Transfer Partners is the "poster child" showing the bill's necessity, alluding to the months-long protests which erupted against the Dakota Access pipeline in both North Dakota and Iowa. But one of the leading opponents of the bill, Bold Iowa, has come out against the legislation and sees it as overreach.

"This latest attempt by Big Oil to silence dissent is no surprise," Ed Fallon, director of Bold Iowa, said in a press release about the bill. "This is legislative extremism at its worst. The bill's backers want you to believe this is about cracking down on arson and vandalism. But the hundreds of pipeline protesters who were peaceful, nonviolent and didn't engage in property destruction could be accused of interrupting service under this bill and subject to insane consequences."

The director of ALEC's Energy, Environment, and Agriculture Task Force, Grant Kidwell, told DeSmog that he expects the model bill could be introduced in other states in the weeks ahead. He also pointed out that it is not only an ALEC model bill, but also one passed at the corporate-funded Council on State Governments.

Before coming to ALEC, Kidwell worked as a senior policy analyst for Americans for Prosperity, the lobbying, advocacy and electioneering group funded and founded by money from the Koch Family Foundations and Koch Industries.

"States are recognizing the importance of critical infrastructure and the threats to it," Kidwell told DeSmog. "Oklahoma enacted legislation in 2017 protecting critical infrastructure before ALEC began its consideration of model policy on the issue. Iowa is currently considering legislation to protect critical infrastructure and likely many more states will as well."

Members of the Iowa-based lobbying teams for the bill, representing Koch Industries and Energy Transfer Partners, did not respond to a request for comment.

Reposted with permission from our media associate DeSmogBlog.

Related Articles Around the Web
Show Comments ()

EcoWatch Daily Newsletter

Sponsored
Animals
Mom and baby West Indian manatees in Three Sisters Springs, Florida. James R.D. Scott / Getty Images

Florida Manatee: 10% of Population Could Be Wiped Out This Year

2018 has not been a good year for Florida's iconic manatees. A total of 540 sea cows have died in the last eight months, surpassing last year's total of 538 deaths, according to figures posted Monday by Public Employees for Environmental Responsibility (PEER).

The figure will likely climb higher before the year's end amid the state's ongoing toxic algae crisis. The red tide in the state's southwest is the known or suspected cause of death for 97 manatees as of Aug. 12, the Florida Fish & Wildlife Conservation Commission recently reported.

Keep reading... Show less
Health
SOPA Images / Getty Images

Walmart Joins Ranks of Retailers Pulling Toxic Paint Strippers From Shelves – When Will EPA Follow Suit?

By Sarah Vogel

Monday, Walmart announced that it will stop selling paint strippers containing methylene chloride or N-methylpyrrolidone (NMP) in stores by February 2019—making it the first general merchandise retailer to take such action. Walmart's announcement follows the strong leadership demonstrated by Lowes, Home Depot and Sherwin Williams, all of which have committed not to sell methylene chloride- and NMP-based paint stripping products by the end of the year. Importantly, Walmart's action goes beyond its U.S. stores, including those in Mexico, Canada and Central America, as well as their online store.

Keep reading... Show less
Animals
Seal #108, left, and a small pup named "Premie" swim up to the edge of their pool for their 3 p.m. feeding at the Marine Mammals of Maine rehabilitation center on Aug. 14. Brianna Soukup / Portland Press Herald via Getty Images

New England Seal Die-Off Could be Linked to Chemical Pollution

Researchers think a mysterious die-off of seals along the Maine coast could be linked to chemical pollution, the Portland Press Herald reported Sunday.

More than 400 dead or stranded seals have washed up on the Maine coast so far this year, more than in any of the past seven years, according to National Oceanic and Atmospheric Administration (NOAA) statistics.

Keep reading... Show less
Renewable Energy
Looking towards Livadia harbour on the Greek island of Tilos. Getty Images

Greek Island to Be First in Mediterranean to Power Itself With Only Wind and Solar

The Greek island of Tilos is set to be the first in the Mediterranean to power itself entirely with wind and solar power, The Associated Press reported Sunday.

The final tests of a new system that will allow the island to power itself with batteries recharged by a solar park and 800-kilowatt wind turbine are taking place this summer, and the system is expected to go live later this year.

Keep reading... Show less
Sponsored
Oceans
Wikimedia Commons / CC BY 3.0

Please Stop Flushing Your Contact Lenses

Contact lenses may appear harmlessly soft and small, but a big chunk of American users are improperly disposing their used lenses and adding to the planet's microplastic problem, Arizona State University researchers found.

In a survey of 409 wearers, about 1 in 5 responded that they flushed their used lenses down the toilet or sink instead of throwing them in the trash, according to a new study presented at the American Chemical Society's National Meeting and Exposition.

Keep reading... Show less
Health

Cell Phones in Schools? France Says No, San Francisco Educators Urge Caution

By Olga Naidenko

As the school year begins, the movement to exercise caution in students' use of cell phones and other wireless devices is gaining international momentum.

Keep reading... Show less
Sponsored
Climate
Breakthrough

'We Are Climbing Rapidly Out of Humankind's Safe Zone': New Report Warns Dire Climate Warnings Not Dire Enough

By Jon Queally

Offering a stark warning to the world, a new report out Monday argues that the reticence of the world's scientific community—trapped in otherwise healthy habits of caution and due diligence—to downplay the potentially irreversible and cataclysmic impacts of climate change is itself a threat that should no longer be tolerated if humanity is to be motivated to make the rapid and far-reaching transition away from fossil fuels and other emissions-generating industries.

Keep reading... Show less
Popular
Pxhere

Trump Power Plant Plan Will Significantly Increase CO2 Pollution

The Trump administration is expected on Tuesday to propose a major rollback of the Clean Power Plan, President Obama's signature climate policy.

The replacement will relax rules for coal-fired plants and will very likely increase air pollution and planet-warming carbon dioxide emissions.

Keep reading... Show less
Sponsored

mail-copy

The best of EcoWatch, right in your inbox. Sign up for our email newsletter!