America’s Energy At Risk: Outdated Laws

Pipeline operators have sounded the alarm on a legal loophole leaving America’s energy lifelines exposed—vandals can tamper with critical pipelines and walk away without facing real federal criminal charges unless actual damage occurs, and Congress still hasn’t fixed it.

At a Glance

  • Pipeline operators warn Congress of a major loophole that shields vandals from federal prosecution unless actual damage is done
  • The PIPES Act of 2020, meant to protect pipelines, is still waiting on reauthorization over 20 months later
  • Industry leaders say current law fails to deter tampering, threatening energy security and public safety
  • Congressional hearings have drawn renewed attention, but no legislative fix has passed as of July 2025

Pipeline Security Eroded by Outdated Laws

America’s vast network of pipelines keeps the lights on and the engines running, yet these vital veins of our nation’s energy infrastructure are astonishingly vulnerable. Thanks to a gaping loophole in federal law, anyone can trespass, tamper, or sabotage a pipeline—so long as they don’t leave visible damage—and the feds can’t lay a finger on them. Title 49, Section 60123 of the U.S. Code only punishes those who actually damage or destroy a pipeline, leaving the rest to skate free. This isn’t just a technicality—it’s a green light for activists, vandals, and anyone else with a grudge against American energy production to toy with critical infrastructure with near impunity. Pipeline operators have had enough of this legal charade.

The timing couldn’t be worse. The PIPES Act of 2020 was supposed to enhance safety and oversight, but Congress has dragged its feet on reauthorization for over 20 months. Industry leaders, especially the Liquid Energy Pipeline Association (LEPA) and its president Andrew Black, have repeatedly testified before Congress about the urgent need to close this loophole. They argue that waiting for “actual destruction” is absurd—tampering alone can risk catastrophic failures, environmental disasters, and even loss of life. In a recent House Energy and Commerce Committee hearing, Black minced no words: “If you tamper with a pipeline but don’t immediately damage or destroy it, it’s not covered by federal pipeline safety laws.” That’s not just reckless. It’s insane policy, and every American who cares about reliable, safe energy should be furious that Congress has let it stand.

Delays and Excuses in Congress Leave Energy Infrastructure Exposed

The legal framework for pipeline safety is a relic that no longer fits the threats facing modern America. Congress has the authority—and the obligation—to update federal law so that tampering, not just damage, is treated as a serious federal crime. But here we are, deep into 2025, and the loophole remains wide open. The PIPES Act of 2020, passed with bipartisan fanfare, has languished in limbo as lawmakers bicker over details and priorities. Meanwhile, pipeline operators face a rising tide of trespass, sabotage, and “valve-turning protests” that escape prosecution because of this loophole. Federal agencies like the Pipeline and Hazardous Materials Safety Administration have their hands tied, forced to watch as activists and vandals test the limits of the law with little fear of consequence.

Communities living near pipelines shoulder the risk, while energy producers and consumers alike pay the price for this legal negligence. State laws are inconsistent, and without federal prosecution, deterrence is a joke. Congress’s paralysis is not just bureaucratic incompetence—it’s a direct attack on the safety and security of American families and businesses. When the law protects the criminal more than the citizen, it’s time for a reckoning.

Will Congress Finally Close the Loophole?

As of July 28, 2025, Congress is still “actively considering” amendments. No fix. No closure. The loophole persists, despite mounting evidence and industry pressure. The next time a pipeline is tampered with and disaster is only narrowly averted, Americans will know exactly whom to blame: lawmakers who prioritized political bickering over common-sense reform. The longer Congress waits, the more emboldened vandals become—and the greater the risk to every American who relies on affordable, safe energy. If there’s one thing this nation doesn’t need, it’s more loopholes that protect criminals and endanger citizens. The ball is in Congress’s court, and the clock is ticking.