Review – S 1017 Introduced – Pipeline Damage Expansion

Last month Sen Sheehy (R,MT) introduced S 1017, the Safe and Secure Transportation of American Energy Act. The bill would amend 49 USC 60123(b) to expand the coverage of ‘the penalty for damaging or destroying an interstate pipeline’ to include select civil disobedience activities. No new funding is authorized by this legislation.

The bill is essentially the same as to S 5045, that was introduced by Sen Cruz (R,TX) in September 2024. No action was taken on that bill in the 118^th Congress.

Moving Forward

Sheehy and all seven of his cosponsors {Sen Cruz (R,TX; Chair), Sen Sullivan (R,AK), Sen Budd (R,NC), Sen Capito (R,WV), Blackburn (R,TN), Sen Young (R,IN), and Sen Fischer (R,NE)} are all members of the Senate Commerce, Science, and Transportation Committee to which this bill was assigned for consideration. With the Chair of the Committee as one of the cosponsors, there is certainly adequate influence to see the bill considered in Committee. There will be strong opposition to this bill from most Democrats, who would view it as an effort to make demonstrations about new pipelines illegal. The bill would pass in Committee, perhaps even with some Democrats supporting the bill, but there would probably not be enough votes to overcome a cloture vote on the Senate floor.

 

For more information on the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-1017-introduced - subscription required.

Review – S 5045 Introduced – Pipeline Damage Expansion

Last month, Sen Cruz (R,TX) introduced S 5045, the Safe and Secure Transportation of American Energy Act. The bill would amend 49 USC 60123(b) to expand the coverage of ‘the penalty for damaging or destroying an interstate pipeline’ to include select civil disobedience activities. No new funding is authorized by this legislation.

Moving Forward

Cruz is the Ranking Member of the Senate Commerce, Science, and Transportation Committee to which this bill was assigned for consideration. This (along with his 10 Republican cosponsors who are also members of the Committee) means that there may be sufficient influence to see the bill considered in Committee. I suspect, however, that there would be nearly party-line opposition to the bill as the proposed language appears to be directly targeting recent civil disobedience activities by environmental activists and Indian tribes who oppose the construction or expansion of the energy pipelines. I do not expect this bill to be taken up by the Committee.

Commentary

While it is easy to understand why pipeline owners, contractors and the industries that rely on such pipelines object to the civil disobedience activities that have delayed construction and impeded operations of hazardous material pipelines, I cannot comprehend how anyone can justify punishing the perpetrators by imprisonment for up to 20 years for such activities. This is especially true when owner/operator violations of safety standards under §60118(a) are limited to punishment under §60123(a) of no more than 5-years imprisonment.

 

For more information on the provisions of this bill, including proposed changes to the wording of the amendment, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-5045-introduced - subscription required.

Bills Introduced – 9-12-24

Yesterday, with both the House and Senate in session (and leaving for the weekend), there were 80 bills introduced. One of those bills will receive additional coverage in this blog:

S 5045 A bill to amend title 49, United States Code, to modify a provision relating to criminal penalties for damaging or destroying pipeline facilities, and for other purposes. Cruz, Ted [Sen.-R-TX]