Critical Infrastructure
Shale Law Weekly Review – Week of July 26, 2021
Critical Infrastructure: Department of Homeland Security Issues New Directive to Address Pipeline Cybersecurity Risks ⚡
On July 20, 2021, the Department of Homeland Security issued a press release announcing new security directives for critical pipeline operators and facility owners. According to the text of the directive, the new measures have been created as a direct response to the cyber-attack that temporarily shut down the Colonial Pipeline. The purpose of the directive is to increase cybersecurity measures to protect critical pipeline infrastructure and ensure the uninterrupted supply of natural gas and other petroleum products. Under the new directive, pipeline operators must […]
Shale Law Weekly Review – April 14, 2020
Biofuels: Court of Appeals Denies Request for Rehearing on Renewable Fuel Standard Exemptions
On April 7, 2020, the U.S. Court of Appeals for the Tenth Circuit denied a request for rehearing from small oil refineries regarding renewable fuel standard exemptions. (NCGA news release, Renewable Fuels Association v. EPA, No. 18-9533). The request was filed in response to a January 2020 ruling by the court that vacated the Environmental Protection Agency’s (EPA) extension of renewable fuel standard exemptions to three small oil refineries. (Jan. Order, pg. 99). EPA issued a news release stating that it planned to implement the court’s January decision once […]
Shale Law Weekly Review – November 25, 2019
Municipal Regulation: Town of Brookline, Massachusetts Prohibits New Fossil Fuel Infrastructure for Building Construction
On November 21, 2019, the Town of Brookline, Massachusetts, adopted Article 21 amending the Town General By-Laws and prohibiting the use of fossil fuel infrastructure meant for major renovation or new building projects. It is specified in Article 21 that such prohibition applies only to renovation in which more than 50% of the surface of the building undergoes renovation. Article 21 provides for some exceptions, including fuel for backup generators and portable propane. According to the explanation published on the town’s website, this ban aims to protect […]
Update on State Critical Infrastructure Protection Statutes: North Dakota, Oklahoma, and South Dakota
Written by Chloe Marie – Research Specialist
Since 2017, a number of states have taken legislative action to protect elements of their infrastructure, including oil and gas pipelines, from damage or disruption. In our last Shale Law in the Spotlight article, we addressed legal developments over the last two years in the states of Indiana, Iowa, and Louisiana. This article will address legal developments in the states of North Dakota, Oklahoma, and South Dakota.
North Dakota
During the ongoing protests against construction of the Dakota Access Pipeline, North Dakota Governor Doug Burgum signed into law two […]
Update on State Critical Infrastructure Protection Statutes: Indiana, Iowa, and Louisiana
Written by Chloe Marie – Research Specialist
Since 2017, a number of states have taken legislative action to protect elements of their infrastructure, including oil and gas pipelines, from damage or disruption. While some have argued that the various legislative enactments are designed to reduce pipeline protests, legislators do not always explicitly mention ongoing protest as a motivation behind the legislation.
This article will comprehensively address critical infrastructure protection statutes that have been enacted in the states of Indiana, Iowa and Louisiana. A following article will address similar statutes in the state of North Dakota, Oklahoma and […]
North Dakota Governor Burgum Signs Critical Infrastructure Protection Legislation
Written by Chloe Marie – Research Specialist
During the summer of 2017, North Dakota experienced heightened tensions amid extensive protest activity throughout the state directed against the construction and operation of the Dakota Access Pipeline. This protest activity resulted in arrests, claims of physical violence, property damage, and a significant disruption to the economic activity associated with pipeline construction. By February 2017, the North Dakota government already had spent a sum of at least $33.7 million in protest-related costs. In order to reduce the likelihood of similar impacts in the future, Governor Doug Burgum signed into law Senate […]
South Dakota Governor Signs Pipeline Protest Legislative Package into Law
Written by Chloe Marie – Research Specialist
On March 29, 2019, South Dakota Governor Kristi Noem signed into law two companion bills designed to address separate issues related to pipeline protests. Senate Bill 189 imposes civil liability for pipeline demonstrators involved in riot boosting and establishes the Riot Boosting Recovery Fund to receive civil damages paid by those involved with riot boosting. Senate Bill 190 establishes the Pipeline Engagement Activity Coordination Expenses (PEACE) Fund to pay for extraordinary expenses incurred by the state or local governments arising out of, or resulting from, activities related to pipeline construction. This […]
President Trump’s Executive Order on Promoting Energy Infrastructure and Economic Growth
Written by Chloe Marie – Research Specialist
On April 10, 2019, President Donald Trump issued two executive orders, both addressing the energy infrastructure sector and providing direction on actions required to further expand it. In this Shale Law in the Spotlight article, we will discuss the Executive Order on Promoting Energy Infrastructure and Economic Growth. In our next Shale Law in the Spotlight article, we will discuss the Executive Order on the Issuance of Permits with Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States.
