美国国家公共电台 NPR Tougher Laws On Pipeline Protests Face Test In Louisiana

RACHEL MARTIN, HOST:

After massive demonstrations 1 over the Dakota Access Pipeline 2, a number of states made it harder to protest oil and gas pipelines 3. The state of Louisiana is making its first arrests under these tougher laws as protesters try to stop construction on the new Bayou Bridge Pipeline. Here's Travis Lux of member station WWNO.

TRAVIS LUX, BYLINE 4: Deep in the Atchafalaya Swamp of south Louisiana, twigs 5 snap under the rubber boots of about 40 protesters as they march through shaded woods. Many have tied bandanas around their faces, leaving only their eyes exposed. Ahead, backhoes fling mud as construction workers clear a path for the new Bayou Bridge Pipeline.

UNIDENTIFIED PERSON #1: Y'all are trespassing 6.

UNIDENTIFIED PERSON #2: (Unintelligible). Go home.

LUX: This is the last leg of the controversial Dakota Access Pipeline. If completed, it'll bring crude oil from North Dakota through Louisiana where it will be exported abroad. The protesters are trying to stop that from happening. But then the sheriff's department shows up.

UNIDENTIFIED PERSON #3: Everybody start backing up now.

(CROSSTALK)

UNIDENTIFIED PERSON #4: Let her go.

LUX: A deputy has one woman pinned to the ground. There's a tug 7 of war until she's freed. It's incidents like this that have made lawmakers take action against pipeline protests. Earlier this year, Louisiana State Representative Major Thibaut proposed the stricter penalties.

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MAJOR THIBAUT: You know, that - there's a right way to do things and a wrong way. If you want to protest against something or - you get your permit and you go do it in a legal fashion.

LUX: Trespassing in Louisiana is normally a misdemeanor, but the new law deems oil and gas pipelines to be critical infrastructure 8. As of August, trespassing near them gets you a felony. Several states have either passed or are considering similar laws, including Oklahoma, Iowa and Pennsylvania. Craig Stevens represents pipeline interests with Grow America's Infrastructure Now. The oil and gas industry is a big part of many states' economies, especially in Louisiana. And he says these new laws will both help ensure pipelines aren't delayed and help keep workers and protesters safe.

CRAIG STEVENS: It wasn't too long ago when there were, I think, four protesters that broke through and tried to penetrate 9 - and actually did pierce - a pipeline up in the Midwest. And they used blowtorches. I mean, that type of thing could actually explode and kill somebody.

LUX: Pipeline opponents say more than 10 people have been arrested under Louisiana's stricter law. Journalist-activist Karen Savage 10 captured the first arrests on this video.

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UNIDENTIFIED PERSON #5: Let go. Let go. Let go. Let go.

(CROSSTALK)

LUX: Security officers pull three protesters onto an airboat from their kayaks. Those arrested said they didn't think they're doing anything illegal because they were on the water, which is considered public property. But now, they face felony charges.

BILL QUIGLEY: This is - it's a ridiculous over-criminalization of people who protest.

LUX: Bill Quigley is a law professor at Loyola University in New Orleans and represents pipeline protesters here and in other states. He thinks the new law is unconstitutional.

QUIGLEY: And that's a real First Amendment 11 problem.

LUX: Quigley plans to challenge Louisiana's law in court and hopes that that encourages other states to walk back their own laws. Meanwhile, it's not clear whether the local district attorney will actually prosecute 12 those charged with felonies but they could face up to five years in jail. Anti-pipeline organizer Cherri Foytlin says the protesters won't be deterred 13.

CHERRI FOYTLIN: I hope to God there's no more felonies, but if there is, then they will be righteous ones.

LUX: The next day, Foytlin and three others were arrested. For NPR News, I'm Travis Lux in the Atchafalaya swamp.

[POST-BROADCAST CORRECTION: In this story, we say that those convicted under the new felony trespassing law could face time in jail. The sentence would actually be time in prison.]

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