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Oklahoma Governor Signs Anti-Protest Law Imposing Huge Fines on ‘Conspirator’ Organizations
A STATUTE AIMED at suppressing protests against oil and gas pipelines has been signed into law in Oklahoma, as a related bill advances through the state legislature. The two bills are part of a nationwide trend in anti-protest laws meant to significantly increase legal penalties for civil disobedience. The Oklahoma law signed this week is unique, however, in its broad targeting of groups “conspiring” with protesters accused of trespassing. It takes aim at environmental organizations Republicans have blamed for anti-pipeline protests that have become costly for local governments.
The statute Oklahoma governor Mary Fallin approved Wednesday was rushed into immediate effect under a provision that declared the situation “an emergency.” It will dramatically increase penalties against protesters who trespass on property containing a “critical infrastructure facility.”
Under the newly signed trespassing law individuals will face a felony and a minimum $10,000 fine if a court determines they entered property intending to damage, vandalize, deface, “impede or inhibit operations of the facility.” Should the trespasser actually succeed in “tampering” with the infrastructure, they face a $100,000 fine or ten years of imprisonment.
Significantly, the statute also implicates any organization “found to be a conspirator” with the trespasser, threatening collaborator groups with a fine “ten times” that imposed on the intruder — as much as $1 million in cases involving damage.
A section of the law defining “critical infrastructure” includes various types of fossil fuel facilities. Oklahoma is a center of the oil and gas industry and home of the self-styled “Pipeline Crossroads of the World” in Cushing. The state has seen a dramatic increase in earthquakes since the nation’s fracking boom began, as companies began pumping wastewater produced from hydraulic fracturing underground. The Oklahoma Oil and Gas Association is a supporter of the legislation.
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Breaking: No Action Taken on a Proposal to Repeal Denton, Texas Fracking Ban
Denton’s city council decided not to vote on a repeal of the city’s fracking ban, after almost six hours of discussion on the topic at a public meeting last night.
The vote to repeal the ban was called for shortly after Texas Governor Greg Abbott singed HB40 into law, making Denton’s fracking ban illegal.
Oklahoma’s governor Mary Fallin signed a similar law on May 31, making bans on the fracking industry illegal there too.
The entire city council and Denton’s mayor Chris Watts expressed displeasure with HB40.
The mayor disclosed that the city’s legal counsel advised that repealing the fracking ban is necessary in order to defeat HB40. They were told there are better ways to challenge the law than by defending the fracking ban, and that, if the ban isn’t repealed, both the Texas General Land Office and the Texas Oil and Gas Association, which have sued to block the ban, could ask for a judgment under HB 40 that could result in setting a legal precedent.
“It isn’t just about Denton, anymore,” Councilman Roden told DeSmog before the meeting. ”HB40’s reach goes way behind fracking, it threatens all local ordinances industry doesn’t like. Now every city with oil and gas activity has to grapple with basic questions like, ‘How can we defend a setback greater than 100 feet?’”
Councilman Kevin Roden before the Denton City Council meeting. © 2015 Julie Dermansky
Setbacks are the distance that industry must keep its operations from homes, schools and businesses. The Texas Railroad Commission, which regulates the oil and gas industry, has not enacted setback distance requirements, so many municipalities have established their own.