National Defense Infrastructure Protection Act of 2026

Key Points

• The Secretary of Defense can certify any fuel-related infrastructure as essential to military readiness, making it extremely difficult for states, local governments, or private parties to shut down or restrict operations through lawsuits.
• Courts would face a much higher bar to temporarily stop operations at certified sites. Judges must find by clear and convincing evidence that halting operations would not hurt the military's fuel supply, and the certification itself counts as unquestionable proof that shutting down the site would harm defense readiness.
• Lawsuits against certified infrastructure filed in state court would be automatically moved to federal court, where federal law applies and cases must be prioritized on the docket. This strips state courts of jurisdiction over these disputes.
• Infrastructure operators gain a direct right to sue any government entity that tries to block their operations, and winning operators can recover attorney fees from the government. Interference with certified infrastructure is automatically treated as irreparable harm, making it easier for operators to get court orders in their favor.
• The bill gives priority to infrastructure that is already facing legal challenges from states or that serves as the sole link between oil production and military-serving refineries. The Secretary must review and certify qualifying infrastructure within 30 days of the law taking effect.