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CO2 pipeline moratorium and land-agent regulations advance, but environmental analysis bill fails
CO2 pipeline moratorium and land-agent regulations advance, but environmental analysis bill fails

Yahoo

time26-02-2025

  • Business
  • Yahoo

CO2 pipeline moratorium and land-agent regulations advance, but environmental analysis bill fails

Rep. Richard Vasgaard, R-Centerville, speaks to lawmakers on the South Dakota House floor in Pierre on Feb. 25, 2025. (Joshua Haiar/South Dakota Searchlight) PIERRE – In South Dakota's ongoing debate over carbon capture pipelines, lawmakers advanced two bills to further regulate those projects Tuesday but rejected one that would have required in-depth environmental assessments. The bills are among several filed in response to controversy over Iowa-based Summit Carbon Solutions' proposed $9 billion, five-state pipeline that would pass through eastern South Dakota. The project would transport captured carbon dioxide emissions from more than 50 ethanol plants to an underground storage area in North Dakota. While supporters view it as a critical step toward bolstering the ethanol industry, opponents are concerned about private property rights and safety risks from potential leaks. One of the bills that passed the House of Representatives, 40-30, seeks to halt the construction of carbon dioxide pipelines in South Dakota until the federal Pipeline and Hazardous Materials Safety Administration finalizes new safety regulations. 'This bill simply asks that we take the time to sit back, take a step back, and wait until these rules are finished,' said the bill's sponsor, Rep. Richard Vasgaard, R-Centerville. Supporters said the moratorium is essential to safeguard residents and ensure that comprehensive safety standards are in place before proceeding with such projects. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Opponents said existing regulations are sufficient and that delaying pipeline development could hinder economic opportunities and deter investment in the state's energy sector. The bill goes to the Senate next. Another bill headed to the Senate empowers landowners to sue for allegedly deceptive practices, fraud, harassment, intimidation or misrepresentation during the acquisition of land access agreements — known as easements — by carbon pipeline land agents. It passed the House 36-34. Supporters alleged there have been numerous instances when landowners faced aggressive or misleading tactics from CO2 pipeline land agents. They said the bill provides the necessary legal recourse and promotes fair negotiations. 'Why is it OK for these companies to treat us like this?' said the bill's sponsor, Rep. Kaley Nolz, R-Mitchell. Opponents said such misconduct is already illegal. They said the bill's provisions might be overly broad, potentially complicating legitimate infrastructure projects and leading to increased litigation. 'This bill is a lawyer's dream,' said Rep. Steve Duffy, R-Rapid City. A bill failed that would have mandated any applicant seeking a permit for a carbon dioxide pipeline to have an environmental impact statement. Opponents said the requirement could introduce bureaucratic delays, increase project costs and discourage companies from pursuing energy projects in South Dakota. Supporters emphasized the necessity of thoroughly assessing potential environmental consequences, like the impact on the state's water resources, before project approval. 'We are literally, in my opinion, walking blind into a huge project that is going to use millions of gallons of water,' said bill sponsor Rep. John Hughes, R-Sioux Falls. However, because the bill also included a permanent application fee increase, the House speaker ruled that the bill required a two-thirds majority. The vote was 37-32, which was short of two-thirds, and the bill failed. The Summit project may ultimately need eminent domain to gain land access from unwilling landowners. Eminent domain is a legal process for obtaining that access with just compensation determined by a court, for a project beneficial to the public — traditionally for projects such as electrical power lines, crude oil pipelines, water pipelines and highways. A bill to ban eminent domain for carbon pipelines passed the House last month and is awaiting action in the Senate. Another bill approved by the Senate earlier this week would retain eminent domain as an option. But it would require entities using it to first attend mediation with the affected landowner and to also have a state permit before commencing eminent domain proceedings. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUPPORT: YOU MAKE OUR WORK POSSIBLE

House votes to pause CO2 pipeline construction
House votes to pause CO2 pipeline construction

Yahoo

time26-02-2025

  • Business
  • Yahoo

House votes to pause CO2 pipeline construction

SIOUX FALLS, S.D. (KELO) – The South Dakota House of Representatives has voted to temporarily pause any construction of carbon dioxide pipelines in the state. In a 40-30 vote, the House passed House Bill 1085. The bill's prime sponsor, Republican Rep. Richard Vasgaard said The Pipeline and Hazardous Materials Safety Administration is changing the final federal pipeline safety rules. This bill would prohibit any pipeline construction until those laws are published. House panel says no to McCook Lake fund The pipeline safety rules that are expected to be implemented include increased surveys, advanced leak detection technology, reducing the volume of gas emissions and establishing clear criteria for repairs. Despite the bill passing, Republican Rep. Lana Greenfield was the only person other than Vasgaard to speak in support. 'We don't know what's gonna happen with the pipeline, but any chance that we have to protect our citizens and put on the brakes, we should approach very cautiously,' she said. Representatives in opposition were concerned about closing the state off from opportunities and when exactly the paused period on construction would actually end. 'I can tell you once something gets thrown in a moratorium with these people, it never comes back out,' Republican Rep. Kent Roe said. Republican Rep. Mike Weisgram said he is opposed to the idea that an unelected body like the Pipeline and Hazardous Materials Safety Administration determines the timing of when the rules are published. 'Thousands of South Dakotans are invested in the process of this project, and if this bill passes, uncertainty is added to cloud the open-for-business mantra for the state of South Dakota,' Weisgram said. Lawmakers also passed House Bill 1249, which would protect landowners from deception, fraud, harassment, intimidation or threat when acquiring easements. The bill passed with a 36-24 vote. The bill's prime sponsor, Republican Rep. Kaley Nolz, said the bill was brought forward after landowners had negative experiences when carbon dioxide pipeline companies harassed them. 'It is a leveling of the playing field and specifically laying out the types of actions that we will not condone in this state and will not tolerate, as well as providing a clear process for the consequences and allowing our courts to determine what, if anything, is appropriate,' Nolz said. The burden of proof is fully on the landowner and they must bring the case forward within 12 months of the mistreatment, she added. 'I will stand any day of the week with the farmers and ranchers that are being abused in this way, litigation is intimidation,' Republican Rep. John Hughes said. 'How are these people supposed to defend themselves when there's not even a legal basis in fact or law in South Dakota to defend the case?' Representatives in opposition said South Dakota already has a law on the books that protects landowners from intimidation and harassment. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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