"The modifications to Louisiana Revised Statutes section 14:61 seem to be a direct response to the Bayou Pipeline protests for four reasons. First, this is evidenced by the addition of pipelines to the definition of "critical infrastructure" protected by the statute, as well as the creation of heightened penalties aimed at deterring those speaking out against the further construction of pipelines within the state. Second, the arrest of protestors were made within weeks of the modification of the statute, supporting the contention that the legislature made these changes to silence protestors. Third, a sponsor could [...] potentially have a personal motive [...] as energy and natural resource companies are his or her leading campaign donor [...]. Finally, the national trend of statutes protecting critical infrastructure which arose after the Dakota Access pipeline protests seems to suggest that the fear of opposition toward pipeline construction is what led the Louisiana Legislature to amend section 14:61" (Pg. 18).
This quote describes the arguments that can be made in regards to proving motivation behind the legislative revisions. Despite the statute is content neutral, the motivations behind the statute prove that the statute be upgraded to strict scrutiny.
"By suppressing the speech of those opposing pipeline construction within the state, the government restricts the ability of citizens to articulate their desires, inherently excluding them from the political process of making changes within their community and perpetuating their plight."
"Though some regulations of conduct are permissible, it is impermissible for the legislature to suppress the expressive conduct of those opposing the Bayou Bridge pipeline construction, as this suppression results in a governmental distortion of public debate and offends the democratic system."
These quotes demonstrate how the statute can be held in violation of the first amendment.
“While the villagers are not passive victims and have adopted various resistance strategies, the space for them to struggle and achieve success is confined and shaped by the existing power asymmetry in which local villagers, capital and local government are embedded.” (Li and Pan, 2021, p 418).
“...this framing of land dispossession is problematic in two aspects. Firstly, it obscures an invisible form of land dispossession in which people still maintain control of their land but its use value is damaged by pollution. This kind of indirect land dispossession could lead to expulsion, not due to the direct loss of control over land but by it being rendered useless by pollution.” Li and Pan, 2021, p 409).
“Environmental disasters have a tendency to further increase work precarity, particularly in places that are highly dependent on eco- logical resources (Marschke et al., 2020). Livelihoods, as such, may need to transform rather than persist in the face of crises (Alexander, 2013).” (Truong, 2021, pg 3)
“ Vietnam has struggled with ineffective environmental regulatory programmes or insufficient enforcement capabilities to ensure adequate protection of the environment as Vietnam develops (Fortier, 2010). Environmental impact assessments (EIA), in general, are viewed as bureaucracy rather than as an important aspect of the development approval process (Wells-Dang et al., 2016).” (Truong, 2021, pg 4)