OTTAWA (dpa-AFX) - The South Dakota government has agreed not to enforce provisions in state laws to silence protests against the Keystone XL pipeline.
In response to a lawsuit filed by a group of organizations and two individuals who are protesting the construction of the Keystone XL pipeline, South Dakota's Governor and Attorney General agreed the state will not enforce the provisions of some state laws that threatened activists who encourage or organize protests with fines and criminal penalties of up to 25 years in prison.
The lawsuit was filed by American Civil Liberties Union on behalf of the Sierra Club, NDN Collective, Dakota Rural Action, the Indigenous Environmental Network, Nick Tilsen and Dallas Goldtooth. They oppose the Keystone XL pipeline saying that the government and the companies involved in its construction failed to consult with tribes regarding the pipeline and the threat it, and the fossil fuel industry generally, poses to the environment.
The federal lawsuit challenges three South Dakota laws that target full-throated advocacy and protest. It asserts that the laws violate the First and Fourteenth Amendments to the Constitution by targeting and chilling protected speech.
A settlement agreement was reached between the plaintiffs and Governor Kristi Noem and Attorney General Jason Ravnsborg in US District Court of South Dakota on Thursday.
The court ruled that a set of laws, including the 'Riot Boosting' Act, which gave the state the authority to sue individuals and organizations for 'riot boosting,' violates the First Amendment.
From the start, Governor Noem called on 'shutting down' 'out-of-state people' who come into South Dakota to 'slow and stop construction' of the pipeline.
'South Dakota's quick and costly retreat should serve as a lesson for other legislatures considering similar efforts to silence dissent,' ACLU said in a statement.
The proposed Keystone XL project consists of a 875-mile long pipeline and related facilities to transport up to 830,000 barrels per day (bpd) of crude oil from Alberta, Canada and the Bakken Shale Formation in Montana. The pipeline would cross the U.S. border near Morgan, Montana and continue through Montana, South Dakota, and Nebraska where it would connect to existing pipeline facilities near Steele City for onward delivery to Cushing, Oklahoma and the Texas Gulf Coast region.
Pre-construction activities of the pipeline resumed this month.
A hearing on the new Draft Environmental Impact Statement for the pipeline, which will serve as the basis for approval of any future permits, is coming up next Monday.
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