INDIANAPOLIS — Groups representing tens of thousands of Hoosiers are asking Gov. Eric Holcomb to veto a bill they say infringes on the constitutional rights of protestors.

Supporters of Senate Enrolled Act 471 say the legislation would help protect critical infrastructure including power plants, pipelines, and refineries by imposing steep criminal penalties and jail time for acts of civil disobedience and protest that involve trespass. Katie Blair, director of advocacy and policy at the ACLU of Indiana, countered the bill goes too far, and noted it was created in response to the 2016 Dakota Pipeline Protests.

"We know that these laws are backed by powerful interest groups looking just to squash legitimate challenges to corporate actions and policies,” Blair said. “This bill is one of many across the country that are trying to demonize protests and chill free speech."

Proponents argue the bill would stop groups from paying protestors to break the law. But Blair explained that's a crime already punishable by law. The measure would also make it a felony to trespass on facilities that she said are not typically considered critical infrastructure - such as paper mills, aluminum and pharmaceutical manufacturing facilities, and certain gas stations.

Margo Tucker, assistant council for energy and environment with the Citizens Action Coalition, contended the bill is vague, as it states that "persons," can be fined $100,000 for conspiring with an offender. That's 10-times the current fine permitted by the law.

"You risk one individual breaking away from the group and trespassing and then the entire organization or other people at the protest can be on the hook,” Tucker observed. “A $100,000 fine could be extremely detrimental, not only to one individual, but even a non-profit organization. You could bankrupt them."

Tucker said the measure moved so quickly through the legislature, there was little time to fully examine the implications. And she believes it's clearly targeting a certain type of political speech.

"I would say that political speech is environmental protests and Hoosiers that are concerned with the domination of corporate interests over environmental concerns,” she said. “And then that's going to encapsulate social justice and environmental justice protesters."

Similar legislation has failed in many other states and has been vetoed by the governors of Wyoming and Minnesota. The ACLU of Indiana, Citizens Action Coalition, the Indigenous Environmental Network and the Sierra Club are among the groups that sent a letter to Gov. Holcomb requesting he veto the bill.


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A round of public testimony wrapped up this week as part of renewed efforts by a company seeking permit approval in North Dakota for an underground pipeline carrying carbon emissions. Economic benefits were again touted but the plan still has opponents.

Last year, North Dakota's Public Service Commission denied a permit request from Summit Carbon Solutions, which wants to build a maze of pipelines in several Midwestern states. Emissions from ethanol plants would be captured for underground storage in North Dakota.

Skott Skokos, executive director of the Dakota Resource Council, said they remain unconvinced it would be a worthwhile project.

"It felt like déjà vu," Skokos observed. "I don't think Summit did anything to relax the concerns of the public."

Company officials have submitted a new application with a revised route as they try to ease concerns about safety and landowner rights. During comment periods, Summit leaders and other speakers discussed how the project would provide economic boosts, including corn prices. However, skeptics restated their concerns about potential ruptures and lasting negative effects on the landscape.

Skokos pointed out large carbon-capture projects like these have yet to prove themselves, noting smaller initiatives are not as likely to rile up opponents. He pointed to the Red Trail ethanol plant in North Dakota.

"They're storing it, basically, almost on-site, next to the facility and they're not affecting a bunch of landowners in the process," Skokos emphasized.

The Summit regulatory case has two upcoming public hearings in North Dakota, one scheduled for May 24 and the other on June 4. The company has run into similar opposition and permitting headwinds in other states, including South Dakota.

Leaders concerned about pollution and climate change are raising awareness about a ballot measure this fall on whether the state should mandate buffer zones around new oil and gas wells.

Voters will be asked to uphold or revoke Senate Bill 1173, which would require a 3,200 setback around any new well near schools, neighborhoods and hospitals.

Meghan Sahli-Wells, former mayor of Culver City and a leader with the group Elected Officials to Protect America, fought to phase out the Inglewood oil field and said no community should be a sacrifice zone.

"A study from Harvard found that in California 34,000 people have died in 2018, prematurely from fossil fuel air pollution," Sahli-Wells pointed out. "These figures are three times higher than other studies."

The Stop the Energy Shutdown campaign, supported by the California Independent Petroleum Association, opposes the setback rule, arguing it could constrict local supply and cost jobs in the industry. A court put the bill on hold pending the outcome of the November election. A "yes" vote would keep the setbacks. A "no" vote would rescind them.

Clean energy advocates are also speaking out against companies operating older low-producing wells rather than pay to shut them down and seal them up properly.

Ahmad Zahra, a city council member in Fullerton, said Assembly Bill 2716 would incentivize their closure by charging companies $10,000 a day to operate so-called "stripper wells."

"We have over 40,000 oil wells currently sitting orphaned or idle, leaking methane and volatile organic compounds into the air, water and soil," Zahra emphasized.

Other states are following California's lead. Rep. Debbie Sariñana, D-Albuquerque, New Mexico, is sponsoring a bill to require setbacks near sensitive locations since more than 32,000 children in the state attend school within a mile of an oil and gas extraction site.

"Over 80 schools in northwestern New Mexico, where the San Juan Basin and the southeastern New Mexico the Permian Basin, are within one mile of an oil and gas well," Sariñana noted. "Some schools are surrounded by dozens and even hundreds of wells within a single mile."

The construction of more solar farms in the U.S. has been contentious but a new survey shows their size makes a difference in whether solar projects are favored by neighbors.

South Dakota's largest solar installation, the Wild Springs project in New Underwood, began operations in March and covers more than 1.5 square miles. The survey showed projects under 100 megawatts are generally favored by neighbors, while larger ones like Wild Springs are unpopular.

Kristi Pritzkau, finance officer for the City of New Underwood, said the construction traffic was tough on the town of just over 600 but the project's builder, National Grid Renewables, is giving back to the community.

"They had to use our well, so they paid for the water, and they paid for a new pump for it, too," Pritzkau pointed out. "They've been really great with the city."

Prtizkau noted the company donated to the town's pool and Lions Club and has created a school scholarship program, all part of the more than $500,000 of charitable giving it has promised in the project's first 20 years of operation. It is also expected to bring in $12 million of tax revenue to the county in the same time frame.

Sioux Falls-based Missouri River Energy Services has plans to build a new solar project near Brookings and build a transmission line from South Dakota into Minnesota.

Tim Blodgett, vice president of member services and communications for the company, said federal grant programs and tax credits provide incentives and South Dakota produces more energy than it can use.

"With the development of more wind, the development of solar, there's a lot planned right now to get these resources out of this area," Blodgett explained. "Into Minneapolis and other places where there's larger demand for the energy."

Currently, more than half the state's power generation comes from wind, followed by hydropower.


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