Over 110 Groups to Congress: Don’t Criminalize Protest in Pipeline Safety Bill

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Washington, DC — More than 110 national, state, and local organizations joined a letter urging Congressional leaders to reject the inclusion of protest criminalization language in legislation reauthorizing the Pipeline and Hazardous Material Safety Administration’s (PHMSA) pipeline safety programs. The letter comes as Congressional leaders prepare to negotiate a final pipeline safety reauthorization package by reconciling differing pipeline safety bills that have passed through the Senate and through House Committees.

As currently drafted, the House versions of the bill risk creating a new tool to criminalize First Amendment rights to free speech, assembly, and the press, while redirecting attention away from the pipeline industry’s own problematic safety record. As detailed in the letter, existing state and federal legislation can appropriately address incidents of pipeline tampering — the problem that the legislation claims to address — while the proposed text presents risk for misuse against First Amendment free speech activity by individuals and organizations protesting at pipeline sites.

The letter comes as the Trump administration is pushing an aggressive agenda of prosecuting political opponents and using erroneous and excessive charges in response to protest and free speech actions.

“People are increasingly opposing pipelines because of their serious threats to the health and safety of communities. With the Trump administration rolling back common-sense safety regulations, people have all the more to oppose. Instead of pushing policies that will give overzealous prosecutors a road map for jailing pipeline opponents, Congress needs to reject these attacks on freedom of speech and require the administration to enforce basic safety standards that communities are demanding,” said Jim Walsh, Policy Director, Food & Water Watch.

“The ability to dissent through free speech, assembly, and protest are critical backstops of American democracy. Congress should not pass legislation that could be misused to deter freedom of expression, and should instead prioritize addressing the real operational causes underlying the dozens of annual pipeline deaths and injuries in the U.S.,” said Kirk Herbertson, U.S. Director for Advocacy and Campaigns, EarthRights International.

“Under the Trump Administration, we’ve seen the steady erosion of public comment opportunities across multiple federal agencies all while safety standards around hazardous pipelines and other fossil fuel infrastructure have been weakened. Congress must ensure that the final Pipeline Safety Bill will protect the millions of Americans who live near operating pipelines through increased staffing, community transparency and outreach, and measures to hold negligent pipeline operators accountable,” said Claire Dorner, Associate Director of Legislative and Administrative Advocacy, Beyond Dirty Fuels, Sierra Club.