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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 […]

May 22nd, 2019|Tags: , , |

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 […]

May 17th, 2019|Tags: , , |

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 […]

May 15th, 2019|Tags: , , |

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 […]

May 13th, 2019|Tags: , , |

President Trump’s Executive Order on the Issuance of Permits for Cross-Border Infrastructure Projects

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 our previous Shale Law in the Spotlight article, we discussed the Executive Order on Promoting Energy Infrastructure and Economic Growth.  In this 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.

In this second energy-related Executive Order, President Donald Trump […]

May 3rd, 2019|Tags: |

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.

In the Executive Order on Promoting […]

May 1st, 2019|Tags: , , |