DAPL-style protesters could face jail under new ‘critical infrastructure’ protection laws

DAPL-style protesters could face jail under new 'critical infrastructure' protection laws

New laws introducing harsher penalties against protesters who target “critical infrastructure” such as oil and gas pipelines are now pending in half a dozen states in the US.

The legislation is aimed at deterring protests similar to the one that delayed operations at the Dakota Access Pipeline (DAPL) at the Standing Rock Indian Reservation in North Dakota in 2016.

Bills have been ushered through state legislatures in Minnesota and Louisiana, states that host parts of the Bakken system, a underground network of pipelines which includes the DAPL and the Energy Transfer Crude Oil system which links oil fields in North Dakota and the Mexican Gulf Coast. The laws ban protesters from trespassing into territories through which “critical” oil and gas pipelines run.

Legislation recently introduced in Minnesota carries a penalty of up to one year in prison for those found guilty of recruiting, training, aiding, advising, or conspiring with trespassers. The penalty can be increased to 10 years if the trespasser intends to “substantially disrupt” the facility.

Critics worry that the wording could be applied to peaceful protests blocking access to all kinds of infrastructure. The International Center for Not-for-Profit Law warned that, under the Minnesota law, critical infrastructure could include bus stations and bridges – effectively giving authorities carte blanche to crack down on peaceful protesters.

In Louisiana, lawmakers went further. According to a bill passed in the state’s legislature this week, people trespassing in territory containing critical infrastructure could face up to five years in prison. If it is thought the intention is to commit criminal damage, trespassers could face as many as 20 years.

The legislation also significantly broadens the definition of “critical infrastructure” to include pipelines as well as “any site where the construction or improvement of any facility or structure.” As a result, any protester could be sent to prison for simply taking part in a rally at a pipeline construction site.

Private security firm compared DAPL protesters to ‘jihadist insurgency’ – leaked documents

The Minnesota and Louisiana proposals are far from isolated cases. Oklahoma planned to introduce huge fines for protesters in a bill adopted in May 2017. Similar legislation was introduced by Iowa, Ohio and Pennsylvania as well as Wyoming.

The Ohio and Pennsylvania bills are pending while Iowa passed its law in April. In Wyoming, the bill passed the legislature before being vetoed by the state’s governor.

The $3.8 billion DAPL is a 1,172 mile (1,866 km) underground pipeline, built to carry oil from the Bakken shale oil fields in North Dakota to the oil tank farm in Illinois. In 2016, a number of Native American tribes in the North and South Dakota opposed the pipeline construction, arguing it would threaten their sacred burial grounds as well as their sources of freshwater.

Beginning in April 2016, the Standing Rock Sioux Tribe set up a protest encampment near Lake Oahe on the Missouri River. Over the course of the summer the camp grew to thousands of people. At some point, Energy Transfer Partners (ETP), the corporation behind the Dakota Access Pipeline, bulldozed a section of the land that the Standing Rock documented as a historic, sacred burial site. The move forced the protesters to enter the area, where they were attacked by private security workers, who used attack dogs and tear gas.

US Judge rules against tribes seeking to stop Dakota Access Pipeline

In late October, the National Guard and police with riot gear and military equipment cleared the encampment over claims the area wasn’t safe because of winter temperatures. The construction that was temporally suspended by the Obama administration was eventually greenlighted by Donald Trump.

The protesters were also subsequently sued by the ETP that accused them of being “eco-terrorists.” In the meantime, a private security firm hired by the ETP to provide security consulting for the DAPL project, which was accused of sweeping and invasive surveillance of protesters, is seeking the settlement for the accusations. It is ready to pay fines as long as it does not have to admit any wrongdoing.

“The reason they are doing it is that they are worried about the fact that all this information that they gathered becomes useless in subsequent lawsuits that would follow,” Mike Papantonio, an American attorney and a TV presenter, who hosts the “America’s Lawyer” show on RT America, said, commenting on the issue.

“What the company is likely to do here is just to protect information that they illegally gathered,” he said, adding that this firm “did a lot of [things] wrong,” and a series of lawsuits against it could still “become very significant.”

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Water Protectors Prepare For Battle: The Next Big Resistance In South Dakota

DAPL

It’s raining buckets outside. The back and forth of the windshield wipers and Siri’s monotone guidance accompanies me through the roads riddled with potholes and semi-trucks. I pass several gated factories to an empty corner of the property, where the Puyallup Tribe and their allies had been protesting the Puget Sound Energy Liquid Natural Gas (PSE LNG) site at the Port of Tacoma in Washington state the day previous. The tribe believes that contaminated soils (the site is within a large, untouched Superfund site) will be exposed by the proposed barge facility on the Hylebos, which would be to the detriment of fishing stocks and negatively impact tribal marinas that are across the waterway from the plant.

Tribal Land Rights

The Puyallup Tribe and their allies are not alone in their fight for environmental justice and their treaty rights. During the Standing Rock protests, headlines of the largest gathering of indigenous nations in modern American history setting up camp drew worldwide attention. Images of Native water protectors and their allies being bitten by police dogs, pepper sprayed during peaceful protest and hit with water cannons in below-freezing weather circulated all over social media and were eventually picked up and globally broadcast by large news networks. Cheyenne River Sioux Tribe member Nicole Ducheneaux, an attorney with the Indian Law Practice Fredericks Peebles & Morgan, currently represents the Cheyenne River Sioux Tribe. The Cheyenne River Sioux Tribe is the sister tribe to the Standing Rock Sioux Tribe. They are both Lakota people and fought together against the Dakota Access Pipeline (DAPL), also known as the Bakken pipeline, on the ground and in court.

Ducheneaux’s experience as an attorney includes tribal economic development, gaming, corporate law, construction law, tribal housing and litigation. She has assisted in defending and prosecuting lawsuits in state, federal and tribal courts, and was selected by Super Lawyers Magazine as a “2017 Great Plains Rising Star.” The DAPL dispute raised a lot of questions about territory and treaty rights. Ducheneaux explains simply, “Pursuant to our treaties, our [The Cheyenne River Sioux Tribe] rights extend beyond the borders of our reservation…they didn’t extinguish our hunting and fishing rights in those areas. We explicitly have a right to use Lake Oahe, to use the waters and the lands that sustain our hunting and fishing. When pipelines cross under our reserved rights and have the potential to harm our waters that flow into our reservation, then that has the potential to violate a treaty right.”

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How to Contact the 17 Banks Funding the Dakota Access Pipeline Here are CEO names, emails, and phone numbers—because banks have choices when it comes to what projects they give loans to.

The Dakota Access pipeline is funded directly by 17 banks, many of which—Citibank, Wells Fargo—are ones you’ve probably heard of or do business with.

Banks are more susceptible to public pressure than the oil and gas giants.

Researchers with the nonprofit Food & Water Watch found that 38 banking institutions are involved in funding the proposed Bakken pipeline, which would stretch from Canada to the Gulf of Mexico. A section of this project is the Dakota Access pipeline, where the Standing Rock Sioux and thousands of allies have physically put themselves in the path of the pipeline to protect their reservation and a stretch of the Missouri River.

Bill McKibben, founder of 350.org, recently wrote an article for YES! suggesting that banks are more susceptible to public pressure than the oil and gas giants, which depend on bank loans and lines of credit to build their pipelines. “It’s probably sustained public pressure that will do the most good,” he wrote.

Wondering what to say to a bank executive?

Food & Water Watch researcher Hugh MacMillan: “Ask these banks to clarify whether funds they are providing are being used, in any amount, to pay for the heavily militarized response to the Standing Rock Sioux, including the attack dogs, sound-cannon trucks, heavily armed officers, and even a crop duster spraying undetermined chemicals over the camp.

“People should also ask these institutions why they are sinking so much money into maximizing the amounts of oil and gas that can be brought to the surface and burned at a time when climate science is clear we have to maximize what we keep in the ground instead,” said MacMillan.

 

Wells Fargo*

CEO Timothy J. Sloan
timothy.j.sloan@wellsfargo.com
BoardCommunications@wellsfargo.com
866-249-3302

Corporate Office:
Wells Fargo
420 Montgomery Street
San Francisco, CA 94104

BNP Paribas*

CEO Jean-Laurent Bonnafe
jean-laurent.bonnafe@bnpparibas.com

Corporate Office:
3 rue d’Antin
75002 Paris, France
00-33-157-082-200

U.S. Office:
787 Seventh Avenue – The Equitable Tower
New York, NY 10019
212-841-3000

SunTrust*

CEO William H. Rodgers Jr.

Corporate Office:
303 Peachtree Street NE
Atlanta, GA 30308
800-786-8787

Chief Communications Officer:
Sue Mallino
404-813-0463
sue.mallino@suntrust.com

The Bank of Tokyo-Mitsubishi UFJ*

Chairman Nobuyuki Hirano

CEO and President Takashi Oyamada

Corporate Office:
2-7-1, Marunouchi, Chiyoda-ku
Tokyo, Japan
81-3-3240-8111

U.S. Office:
1251 Avenue of the Americas
New York, NY 10020-1104
212-782-4000

Mizuho Bank*

President and CEO Nobuhide Hayashi

Corporate Office:
Otemachi Tower
1-5-5, Otemachi, Chiyoda-ku
Tokyo 100-8176, Japan
81-3-3214-1111

U.S. Office:
1251 Avenue of the Americas
New York, NY 10020
212-282-3000

Citibank (CitiGroup)*

CEO Michael Corbat
michael.corbat@citi.com
212-793-1201

Corporate Office:
388 Greenwich Street
New York, NY 10013
Phone: 800-285-3000 and 212-793-0710

TD Securities*

Chairman, CEO, and President Bob Dorrance

Corporate Office:
P.O. Box 1, TD Bank Tower
66 Wellington Street W
Toronto, Ontario
M5K 1A2

Investment Banking: 416-307-8500
Equity Research: 416-307-9360
Trading Floor Enquiries: 416-944-6978

U.S. Office:
31 West 52nd Street
New York, NY 10019-6101
212-827-7000

Credit Agricole*

CEO Jean-Paul Chifflet

Office:
12, Place des Etats-Unis
Montrouge, France 92545
33-1-43-23-52-02

U.S. Office:
1301 Avenue of the Americas,
New York, NY 10019
infoamericas@ca-cib.com

Intesa SanPaolo*

CEO Carlo Messina

Corporate Office:
Piazza San Carlo, 156
10121 Torino, Italy
39-011-555-1

Corporate Social Responsibility Unit:
39-02-8796-3435
CSR@intesasanpaolo.com
sostenibilita.ambientale@intesasanpaolo.com

ING Bank*

CEO and Executive Board Chairman Ralph A.J.G Hamers

Wholesale Banking, Operations & IT, Sustainability, Corporate Governance:
Carolien van der Giessen
carolien.van.der.giessen@ing.com
31-20-576-63-86

Head of Media Relations:
Raymond Vermuelen
raymond.vermeulen@ing.com
31-20-576-63-69

Corporate Office:
Amsterdamse Poort
Bijlmerplein 888
1102 MG Amsterdam
The Netherlands
31-20-5639111

Mailing Address:
ING Bank N.V.
P.O. Box 1800
1000 BV Amsterdam
The Netherlands

U.S. Office:
ING Financial Holdings LLC
1325 Avenue of the Americas
New York, NY 10019
646-424-6000

Natixis*

CEO Pierre Servant

Corporate Office:
Natixis Global Asset Management, S.A.
21 quai d’Austerlitz
75634 Paris Cedex 13, France
33-1-78-40-90-00

U.S. Office:
Natixis Global Asset Management, L.P.
399 Boylston Street
Boston, MA
617-449-2100 


BayernLB*

CEO Johannes-Jorg Riegler

Head of Communications:
Matthias Priwitzer
Matthias.Priwitzer@bayernlb.de
49-89-2171-21255

Corporate Office:
Brienner Straße 18
80333 Munich
49-89-2171-27176

U.S. Office:
560 Lexington Avenue
New York City, NY 10022
212-310-9800

BBVA Securities*

CEO Carlos Torres Villa

Executive Chairman Francisco Gonzalez Rodriguez

Corporate Office:
Calle Azul, 4
28050 Madrid, Spain

34-902-22-44-66

DNB First Bank*

CEO and President William J. Hieb
610-269-1040

Main Branch:
4 Brandywine Avenue
Downingtown, PA 19335
484-691-3621

ICBC London*

CEO and Managing Director Jin Chen

Corporate Office:
20 Gresham Street
London EC2V 7JE, United Kingdom
44-203-145-5000

U.S. Office:
520 Madison Avenue 28th Floor
New York, NY 10022
212-407-5000

SMBC Nikko Securities*

President and CEO Yoshihiko Shimizu

Corporate Office:
3-1, Marunouchi 3-chome, Chiyoda-ku
Tokyo 100-8325, Japan
81-3-5644-3111

Societe General*

CEO Frederic Oudea
https://www.linkedin.com/in/fredericoudea

Chiarman of the Board Lorenzo Bini Smaghi
lorenzo.binismaghi@snam.it

Corporate Office:
29 boulevard Haussmann 75009
Paris, France
2.0@societegenerale
33-1-42-14-20-00

U.S. Office:
245 Park Avenue
New York City, NY 10167
212-278-6000

The following banks are involved in funding for the entire Bakken pipeline:

Royal Bank of Scotland

CEO Ross McEwan
ross.mcewan@rbs.co.uk

Director of Media Relations:
Chris Turner
44-20-7672-4515

Corporate Office:
Gogarburn
175 Glasgow Road
Edinburgh, United Kingdom
44-131-626-3263

U.S. Office:
600 Washington Boulevard
Stamford, CT 06901
203-897-2700

ABN Amro Capital

Chairman of the Board Gerrit Zalm

Corporate Office:
ABN AM
RO Bank N.V.
Gustav Mahlerlaan 10
1082 PP Amsterdam
The Netherlands
31-10-241-17-23

U.S. Office:
100 Park Avenue, 17th floor
New York, NY 10017
917-284-6800

Bank of Nova Scotia (Scotiabank)

CEO and President Brian J. Porter

Corporate Office:
Scotia Plaza
44 King Street W
Toronto, Ontario
Canada M5H 1H1
416-866-6161
email@scotiabank.com

U.S. Office:
250 Vesey Street,
23rd and 24th floors
New York, NY 10281
212-225-5000

Scotia Howard Weil (“Energy Investment Boutique”):
Energy Centre
1100 Poydras Street Suite 3500
New Orleans, LA 70163
504-582-2500 and 800-322-3005
howardweil@howardweil.com

Citizens Bank

Chairman and CEO Bruce Van Saun

Head of Media Relations:
Peter Lucht
Peter.Lucht@citizensbank.com
781-655-2289

Consumer Lending, Business Banking, Wealth Management, Corporate:
Lauren DiGeronimo
Lauren.Digeronimo@citizensbank.com
781-471-1454

Corporate Office:
1 Citizens Plaza
Providence, RI 02903
401-456-7000

Comerica Bank

Chairman and CEO Ralph W. Babb Jr.

Investor Relations:
214-462-6831

Corporate Contacts:
Wendy Bridges
wwbridges@comerica.com
214-462-4443

Wayne Mielke
wjmielke@comerica.com
214-462-4463

Corporate Office:
Comerica Bank Tower
1717 Main Street
Dallas, TX 75201
800-521-1190

U.S. Bank

Chairman and CEO Richard K. Davis
richard.davis@usbank.com

Senior Vice President of Corporate Communications Dana Ripley
dana.ripley@usbank.com
612-303-3167

Brand, Corporate Social Responsibility, Sponsorships:
Susan Beatty
susan.beatty@usbank.com
612-303-9229

Corporate Office:
U.S. Bancorp Center
800 Nicollet Mall
Minneapolis, MN 55402
800-685-5065 and 651-466-3000

PNC Bank

Chairman, President, and CEO William S. Demchak

Media Relations:
Fred Solomon
corporate.communications@pnc.com
412-762-4550

Investor Relations:
Bryan K. Gill
investor.relations@pnc.com
412-768-4143

Corporate Office:
300 Fifth Avenue
The Tower at PNC Plaza
Pittsburgh, PA 15222
412-762-2000

Barclays

Chairman John McFarlane
john.mcfarlane@barclays.com
CEO Jes Staley

Corporate Office:
Barclays Bank PLC
1 Churchill Place
London E14 5HP, United Kingdom
44-20-7116-1000

U.S. Office:
Barclays
745 7th Avenue
New York, NY 10019
212-526-7000

Press Office:
212-526-7000
CorporateCommunicationsAmericas@barclays.com

JPMorgan Chase

Chairman and CEO Jamie Dimon
jamie.dimon@jpmchase.com
212-270-1111

Corporate Contacts:
Andrew Gray
andrew.s.gray@jpmchase.com

Jennifer Lavoie
jennifer.h.lavoie@jpmchase.com

Brian Marchiony
brian.j.marchiony@jpmorgan.com

Corporate Office:
270 Park Avenue
New York, NY 10017-2014

Bank of America

President, CEO, and Chairman Brian Moynihan

brian.t.moynihan@bankofamerica.com

Executive Relations, Office of the CEO:
Matthew Task
813-805-4873

Corporate Office:
100 N Tryon Street
Charlotte, NC 28255

Deutsche Bank

CEO John Cryan

Corporate Contact:
Renee Calabro
renee.calabro@db.com
212-250-5525

Corporate Address:
Deutsche Bank AG
Taunusanlage 12
60325 Frankfurt Am Main (for letters and postcards: 60262)
Germany
49-69-910-00

U.S. Office:
Deutsche Bank AG
60 Wall Street
New York, NY 10005
212-250-7171

Compass Bank

Chairman and CEO Manolo Sanchez

Director of External Communications:
Christina Anderson
christina.anderson@bbva.com

Communications:
Al Ortiz
al.ortiz@bbva.com
281-433-5640

Corporate Office:
15 S 20th Street
Birmingham, AL 35233
205-297-1986

Credit Suisse

CEO Tidjane Thiam

Board Chairman Urs Rohner

Suisse Banking Ombudsman:
Bahnhofplatz 9
P.O. Box 1818
CH 8021 Zurich, Switzerland
41-43-266-14-14

Corporate Office:
Uetlibergstrasse 231
P.O. Box 700
CH 8070 Zurich, Switzerland
41-44-333-11-11

U.S. Office:
650 California Street
San Francisco, CA 94108
Phone: 415-249-2100

DNB Capital/ASA

CEO Rune Bjerke
https://www.linkedin.com/in/rune-bjerke-04714639

Chairwoman of the Board Anne Carine Tanum
47-915-04800

Executive Vice President Communications Even Westerveld
47-400-16-744

Corporate Address:
Dronning Eufemias Gate 30
0191 Oslo, Norway

Sumitomo Mitsui Bank

President and CEO Takeshi Kunibe

Corporate Office:
1-1-2, Marunouchi, Chiyoda-ku
Tokyo, Japan
81-3-3282-8111

U.S. Office:
277 Park Avenue
New York, NY 10172
212-224-4000

Royal Bank of Canada

CEO David I. McKay

CEO and Board Communications:
Paul French
paul.french@rbc.com
416-974-3718

Corporate Media Relations:
Catherine Hudon
catherine.hudon@rbc.com
416-974-5506

Corporate Address:
200 Bay Street P.O. Box 1
Royal Bank Plaza
Toronto, Canada
416-974-5151 and 416-842-2000

UBS

CEO Sergio Ermotti

https://www.linkedin.com/in/sergiopermotti

Head Group External Communications:
Mark Hengel
mark.hengel@ubs.com
Phone: 41-44-234-32-21

Chief Communication Officer-Americas:
Marsha Askins
marsha.askins@ubs.com
212-713-6151 office and 917-226-4743 cell

Corporate Office:
Bahnhofstrasse 45, CH-8098
8001 Zurich, Switzerland
41-44-234-11-11

U.S. Office:
1285 Avenue of the Americas
New York, NY 10019
212-713-2000

Goldman Sachs

Chairman and CEO Lloyd C. Blankfein
lloyd.blankfein@gs.com
917-743-0939 and 212-902-0593

Media Contacts Americas:
212-902-5400

Corporate Address:
Goldman, Sachs & Co.
200 West Street
New York, NY 10282
212-902-1000

Morgan Stanley

CEO James P. Gorman
jgorman@morganstanley.com
212-761-4000

Corporate Office:
Morgan Stanley
1585 Broadway
New York, NY 10036
212-761-4000

Community Trust Bank

Chairman, President, and CEO Jean R. Hale
Senior Vice President, Investments: . Christopher Meng
mengro@ctbi.com
859-389-5300

Corporate Office:
346 N Mayo Trail
Pikeville, KY 41501
606-432-1414

HSBC Bank

Chairman Douglas Flint

Group Chief Executive Stuart Gulliver
managingdirectoruk@hsbc.com

Corporate Address:
8 Canada Square
London E14 5HQ, United Kingdom
44-20-7991-8888

U.S. Office:
HSBC Headquarters
425 5th Avenue
New York, NY 10018
212-525-5600

Head of Media Relations, HSBC USA:
Rob Sherman
212-525-6901

The information compiled here is from the latest information reported by the banks. If there are corrections or additions that we should consider, please let us know. Updated 10/29 to reflect Timothy J. Sloan is now CEO of Wells Fargo.

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