DES MOINES, Iowa — Opponents of the Dakota Access Pipeline are still awaiting federal and Iowa Supreme Court rulings in a case over the controversial project, but any new actions against pipelines could land them in prison for 25 years.

Gov. Kim Reynolds signed the "Sabotage" legislation, Senate File 2235, last week. The law imposes some of the harshest penalties in the nation for criminal acts against "critical infrastructure."

Carolyn Raffensperger, chair of the Iowa Sierra Club, said critical infrastructure has historically applied to public lines that transport electricity, gas and water.

"The bill is particularly dangerous because it slips in the idea that a crude oil pipeline owned by a massive corporation not even located in Iowa is critical infrastructure,” Raggensperger said.

Supporters of the new law say it's not intended to impede legal, peaceful and legitimate protests, but rather targets such things as terrorist threats. The legislation followed acts of arson and vandalism against the Dakota Access Pipeline in 2016 and 2017 that resulted in millions of dollars in damages.

The bill was put forward by Energy Transfer Partners, the corporation behind the Dakota Access Pipeline. Raffensperger said the Iowa law is designed to discourage dissent against new pipelines, even if opponents fear for the safety of their drinking water.

"They are trying to take away the ability to give or withhold consent from something that threatens a basic necessity of life - drinking water,” he said.

The pipeline cuts through 18 counties and was opposed by environmentalists and some farmers who objected to the use of eminent domain to obtain access to their land. Raffensperger worries the new law will permit more corporations to claim critical infrastructure status and use eminent domain to change property from private to common.

"So it's one thing to take private land and build a road or add it to a national park,” Raffensperger said, “but to take it and give it to a private corporation is undermining that power to move private property into the common."

The new law makes the crime of critical infrastructure sabotage a Class B felony, punishable by up to 25 years in prison and a fine of between $85,000 and $100,000.


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In Virginia's waters, the decline of a small but critically important fish is causing growing concern among conservation groups and fishermen alike.

Menhaden, often referred to as the "most important fish in the sea," are vital to the diets of predatory species like striped bass and osprey. Now, experts warn the decreasing menhaden population in the Chesapeake Bay could disrupt the ecosystem and threaten the sportfishing industry.

Steve Atkinson, chairman of the Virginia Saltwater Sportfishing Association, explained the ripple effect of the menhaden shortage on other species.

"The decline of menhaden in the bay is impacting the most important fishery that we have, which is striped bass," Atkinson pointed out. "That fishery has been in decline for over a decade now. Striped bass are overfished but we also believe they are underfed, because they rely heavily on menhaden."

The Chesapeake Bay is a primary spawning ground for menhaden and decades of overfishing have taken a toll on the species. The shortage is not only affecting sportfish. Research at the Center for Conservation Biology at the College of William & Mary shows ospreys, which rely on menhaden to feed their chicks, have seen a dramatic reduction in nesting success.

Conservation groups said the problem stems from the current management of menhaden fishing. The Atlantic States Marine Fisheries Commission has implemented catch limits but some experts believe they do not fully address the localized effects on ecosystems.

Jaclyn Higgins, forage fish program manager for the Theodore Roosevelt Conservation Partnership, said more needs to be done.

"A huge amount of menhaden that are being taken out of arguably the most important estuary in the United States, by the third-largest fishery in the United States, and we have no idea what those impacts are to the greater ecosystem," Higgins emphasized.

Higgins noted about 75% of the Atlantic coastwide quota for menhaden is allocated to Virginia. She believes the management framework is robust but needs to be more region-specific.

Last month, the Atlantic States Marine Fisheries Commission voted to establish a workgroup to consider additional protections from industrial fishing of menhaden in the bay. These could include seasonal closures, to protect important fish and bird species.

A Knoxville-based environmental group is raising awareness about increasing U.S. nuclear weapons spending and supporting this week's global effort to ban nuclear arms.

The event, organized by the International Campaign to Abolish Nuclear Weapons, is focused on nine countries, including the U.S., spending more than $90 billion annually on nuclear weapons, the equivalent of more than $173,000 per minute.

Tanvi Kardile, coordinator of the Oak Ridge Environmental Peace Alliance, said the campaign backs the Treaty on the Prohibition of Nuclear Weapons. She stressed this week's campaign, called "No Money for Nuclear Weapons," is a rallying cry worldwide.

"To talk about how much money is being spent on nuclear weapons and how disproportionate it is compared to other facets of society that maybe we aren't putting as much money into," Kardile contended. "Such as health care, education, combating climate change, etc.; things that could actually benefit us as a society."

Besides the tax implications, Kardile pointed out her group is concerned with the ongoing risks closer to home, tied to enriching uranium and other activities at the Y-12 National Security Complex in Oak Ridge.

Kardile argued addressing the humanitarian consequences of nuclear weapons is crucial because in recent years, some global leaders have made threats about using them, amid growing international tensions and discord. She added the production and use of nuclear weapons are environmental hazards.

"I'd say the biggest risk comes from groundwater, and recreational water as well," Kardile emphasized. "Production causes radioactive materials to seep into the waterways, so it's really detrimental to the water we're drinking, the water we're using recreationally."

This month, Gov. Bill Lee announced a nuclear power and renewable energy company based in France is building a uranium enrichment plant in Oak Ridge. The multibillion-dollar centrifuge uranium facility is 750,000 square feet and is expected to employee 300 workers.

By Hunter Fore for Cronkite News.
Broadcast version by Alex Gonzalez for Arizona News Connection reporting for the Solutions Journalism Network-Public News Service Collaboration

On an overcast November morning, volunteers got to work to restore local river flow.

Drought and decreasing water availability have been ongoing problems throughout Arizona. In Tucson, drought along with new land developments are causing decreases in vegetation and wildlife habitat.

Watershed Management Group is a Tucson-based nonprofit that aims to fix this problem. The group aids in local water conservation, land restoration and river flow. It holds regular events to help the environment such as cleanups, workshops, fundraisers and classes. The group has a club called the River Run Network, which includes a biweekly email with invitations to events like creek walks and family education days to help restore Tucson's heritage of flowing rivers.

Watershed Management Group worked to remove an invasive plant from a riparian area in the Tanque Verde community of Tucson on Nov. 18.

The species of grass Arundo donax, more commonly known as "giant reed," is an invasive species in Tucson's riparian ecosystem, the wetland area between a body of water and land. Invasive species in those areas are harmful to the ecosystem, wildlife and the city's groundwater supply.

"Arundo is one of the invasive species that we focus on removing," said Hannah Nuest, a program coordinator for the River Run Network. "It sucks up to three to four times the amount of water that native plants do, which affects groundwater levels and river flow."

Tucson's drinking water comes mostly from the Colorado River, which is experiencing decreasing water levels, and from groundwater. But those underground aquifers are fed with water from natural areas like riparian preserves, and invasive species like arundo compete for that water, cutting into Tucson's water supply

"Invasive species also cause problems for tree canopy coverage," Nuest said. "Trees like the cottonwood and the mesquite need water closer to the surface, so when that water's being used up, the number of trees can decrease, causing habitat loss, less shade, more pollutants and hotter temperatures."

Arundo removal also helps the local ecosystem with flood risk reduction, water quality improvement and increased river flow.

"Arundo comes from the Mediterranean and was brought to the Tucson area around the early 19th century for landscaping," said Jim Washburne, Watershed Management Group's senior project specialist.

When arundo grass is present, nutrients that usually travel downstream are blocked. This prevents other plants from growing along waterways, which increases flood risks and decreases habitat potential.

Complete removal of every arundo plant would be nearly impossible, but removing even a small amount is good for the ecosystem, Washburne said.

"We typically do this every week in Tanque Verde," Washburne said. "This is our most consistent environmental event. It's important for the community to get involved in taking care of the land they live on."

According to Tucson's One Water 2100 Plan, which is a new city plan to improve water delivery methods, riparian preserve restoration not only increases local tree canopy coverage but helps the local economy by helping with cooler temperatures, more trees and more diverse water delivery options.

"Riparian areas are integral to the health of Tucson's water supply and economy," Washburne said.


Hunter Fore wrote this article for Cronkite News.


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