Quantcast

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

Popular

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.

EcoWatch Daily Newsletter

Brazil's right-wing President Jair Bolsonaro is giving President Trump a run for his money in the alternative facts department.

Read More Show Less
Washington Gov. Jay Inslee delivered his 2019 State of the State address on Jan. 15. Governor Jay and First Lady Trudi Inslee / Flickr

Washington Gov. Jay Inslee, who made solving the climate crisis the center of his presidential campaign, is dropping out of the 2020 Democratic primary race.

Read More Show Less
Sponsored
Earthjustice

By Robert Valencia

In April 2018, Afro-Colombian activist Francia Márquez won the prestigious Goldman Environmental Prize, thanks to her work to retake her community's ancestral territories from illegal gold mining. However, her international recognition comes at a very risky price.

Read More Show Less

By Stuart Braun

A year after activist Greta Thunberg first stood in the rain outside the Swedish parliament with her now iconic "Skolstrejk för klimatet" — school strike for the climate — placard, the movement she spawned has set the tone for environmental protest action around the world.

Read More Show Less
Bruno Vincent / Staff / Getty Images

Toy maker Hasbro wants to play in the eco-packaging game. The board game giant will ditch its plastic packaging by 2022. The move means that games like Monopoly, Scrabble and Operation will no longer have shrink wrap, window sheets, plastic bags or elastic bands, as the Associated Press reported.

Read More Show Less
Sponsored
Vaping impaired the circulatory systems of people in a new study. bulentumut / iStock / Getty Images Plus

Vaping one time — even without nicotine — can damage blood vessels, reduce blood flow and create dangerous toxins, according to a new study published in the journal Radiology.

Read More Show Less
A man spreads pesticides on a plantation of vegetables in Rio de Janeiro Brazil. Ze Martinusso / Moment Open / Getty Images

By Jessica Corbett

Pointing to the deaths of more than half a billion bees in Brazil over a period of just four months, beekeepers, experts and activists are raising concerns about the soaring number of new pesticides greenlighted for use by the Brazilian government since far-right President Jair Bolsonaro took office in January — and the threat that it poses to pollinators, people and the planet.

Read More Show Less
SHEALAH CRAIGHEAD

By Elliott Negin

On July 19, President Trump hosted Apollo 11 astronauts Buzz Aldrin and Michael Collins and their families, along with the family of their deceased colleague Neil Armstrong, at a White House event to commemorate the 50th anniversary of the first manned landing on the moon.

Read More Show Less