South Dakota
South Dakota clashes with Minnesota on clean energy, coal plant closures
SIOUX FALLS, S.D. – A political border war between South Dakota and Minnesota on how to handle tax policies, abortion and the pandemic response could spill over into renewable energy and the future of coal plants.
At issue is the pace with which gas and electric companies can transition away from fossil fuels without compromising reliability and affordability for customers, and what role government plays in those calculations.
That reliability was tested several times over the past few years, including during a winter storm in January that nearly caused rolling blackouts, one South Dakota official said.
The Democratic-controlled Minnesota Legislature passed a law in 2023 requiring all electric utilities in the state to produce only carbon-free energy by 2040 using sources like solar, wind, hydroelectric and nuclear power.
Xcel Energy, whose 3.7 million electrical customers include about 100,000 South Dakotans, is based in Minneapolis, so that law applies to the utility.
The South Dakota Public Utilities Commission, consisting of three elected Republicans, sent a letter to Xcel in January asking the company to reverse plans to close several coal-fired power plants ahead of schedule as part of its transition.
“Evidence is mounting that the premature closures … will elevate the risk of electricity outages particularly in tight load hours, including hours of extreme cold and extreme heat, as well as those hours when wind generation is low,” the letter stated. “These events are likely to pose a threat to life and property.”
The company stuck to its timetable, which includes replacing the coal plants with solar projects in the next few years, a plan approved by the Minnesota Public Utilities Commission.
Minnesota PUC commissioner: ‘Massively frustrating conversation’
More recently, members of Minnesota’s PUC clashed with utility company Otter Tail Power over its decision to amend its long-range plan to push back closures of coal plants – including Big Stone near Milbank, in northeast South Dakota – until at least 2040.
The Minnesota PUC approved Otter Tail’s Integrated Resource Plan on May 30 after concessions that included the company no longer using its North Dakota-based Coyote Station plant for Minnesota customers beyond 2031.
Otter Tail’s most recent modeling projects a retirement date of 2046 for South Dakota-based Big Stone, which started operation in 1975 and burns coal from Wyoming’s Powder River Basin.
“I just find this to be a massively frustrating conversation,” Minnesota PUC Commissioner Joe Sullivan said at the May 30 meeting . “I sympathize with Otter Tail because you have two different jurisdictions that look at the world differently. But if (Coyote Station) were in Minnesota, we’d say, ‘Otter Tail, it’s time to pull out.’”
Otter Tail, which serves about 130,000 electricity customers in Minnesota, North Dakota and South Dakota, addressed the delicate balance of transitioning to renewable energy when submitting its 2022-36 plan to state PUCs.
“Shifting the generation fleet’s focus to dispatchable gas resources and away from coal will help to improve operational flexibility while hedging market risk,” the report said. “That said, it is also necessary to ensure fuel-secure generation is available for those times when self-generation is necessary to maintain reliability of the system.”
South Dakota opposes new EPA rules
Disputes about the urgency of ditching fossil fuels for clean energy start at the federal level, where the Environmental Protection Agency (EPA) follows protocols in line with the party that controls the White House.
The EPA released new rules April 25 that elevate pollution controls for the coal industry, impacting wastewater discharge, the handling of coal ash and carbon emission limits. EPA Administrator Michael Regan, appointed by Democratic President Joe Biden, called it a “defining moment” for the agency.
South Dakota joined 22 other states in asking a federal court to review the new standards, which North Dakota Attorney General Drew Wrigley said were intentionally set “to destroy the coal industry.”
In a statement to News Watch, South Dakota Attorney General Marty Jackley referenced a recent Supreme Court decision that reversed the landmark 1984 Chevron ruling, eroding much of the power of federal agencies such as the EPA to interpret laws they administer, leaving that to the courts.
“The EPA’s directive and attack on fossil fuels is another example of a federal agency creating undue burdens on states and private businesses without proper authority while Congress does not act,” Jackley wrote. “The Supreme Court ruling in the Chevron case is aimed at addressing this type of action by the federal bureaucracy.”
SD 8th in per capita energy consumption
The Inflation Reduction Act passed by Congress and signed by Biden in 2022 included $370 billion in tax credits and other support for clean energy initiatives.
South Dakota has increased its wind energy production to 55% of in-state net power generation, a larger share than in all other states except Iowa, according to the U.S. Energy Information Administration (EIA). Other power sources include hydroelectric (29%), coal (10%), natural gas (6%), oil (0.3%) and solar (0.01%).
But South Dakota ranks eighth among U.S. states in energy consumption per capita, with 31% of households using electricity to heat their homes during frequently harsh winters.
South Dakota sees new interest in solar power
Despite being home to wide-open spaces and abundant sunshine, South Dakota ranks 47th in the nation for production of solar power.
Dependability of resources and rising energy costs are where Kristi Fiegen, chair of the South Dakota PUC, centers her concerns amid talk of climate change and reducing greenhouse gases, she told News Watch in a phone interview.
“When I talk about reliability of the grid, I want dispatchable generation of electricity for customers in South Dakota,” said Fiegen, who is up for re-election in 2024. “Non-dispatchable energy (wind and solar) is reliant on the weather. And when it’s reliant on the weather, we don’t when we turn on the lights if it’s going to be there.”
Winter storms tested the power grid
Fiegen, who was first elected to the PUC in 2011, helps regional transmission organizations (RTOs) maintain and monitor the electrical grid, which was pushed to the limit during recent winter storms that nearly caused rolling blackouts.
The 61-year-old Chancellor native holds leadership roles in the Southwest Power Pool (SPP), a nonprofit organization that manages electric transmission for parts of 14 states, including South Dakota.
South Dakota is also part of the 15-state Midcontinent Independent System Operator (MISO), which helps ensure energy distribution regardless of whether a customer uses Xcel, MidAmerican Energy, Black Hills Energy, NorthWestern Energy, Otter Tail or another utility company.
Cooperation between these and other RTOs nationally was critical during Winter Storm Gerri, which brought brutally cold air and blizzard conditions to much of the Midwest in January.
“During that storm we got 7,000 megawatts (of electricity) from the East to help us keep the lights on,” said Fiegen. “If we hadn’t gotten that, we would have shut off lights in January during the first week of (legislative) session.”
A year earlier, in December 2022, Winter Storm Elliot led MISO to declare a maximum generation event due to higher-than-expected electricity consumption and loss of production from natural gas facilities due to freezing, mainly in the South. Similar problems emerged during a 2021 winter storm that rocked Texas and shut down power.
“Since those events, we’ve devoted a lot of time to resource adequacy,” said Fiegen, who serves alongside fellow Republicans Chris Nelson and Gary Hanson on the PUC. “We believe in clean energy, but our No. 1 goal as commissioners in South Dakota is to have reliable and cost-effective electricity for our customers.”
‘It’s a life and death issue, not convenience’
Coal was replaced by natural gas as the largest energy source in the United States in 2016, with natural gas now making up 39% of electricity generation compared to 20% for coal.
Transitioning to solar and wind too quickly could impact the reliability of the electrical grid in extreme conditions, the North American Electric Reliability Corp. (NERC) stated in its 2023-24 Long-Term Reliability Assessment.
“There is a need for dialogue among a broad group of stakeholders when policies and regulations have the potential to affect future electricity (capabilities),” the study said. “Regulations that have the potential to accelerate generator retirements or restrict operations must have sufficient flexibility and provisions to support grid reliability.”
That report was cited by South Dakota’s PUC in its letter to Xcel Energy, which responded that it shares the commission’s reliability priorities and will be adding solar and wind capacity as well as dispatchable energy through nuclear and hydrogen-ready combustion turbines.
The company’s stated goal is to provide customers with “100% carbon-free electricity by 2050 and reduce carbon emissions from its operations 80% from 2005 levels by 2030.”
South Dakota PUC member Nelson told News Watch in April that there will always be a need for electric power generated by coal, natural gas or other sources that don’t let up when the weather turns still or cloudy.
“I do expect we’re going to see a pretty significant increase in the amount of solar and wind because we really need to keep a diversity of power generation sources,” Nelson said. “But there’s going to be times when the wind isn’t blowing and the sun isn’t shining, and we need to have some way to generate electricity during those times. When it’s 25 degrees below zero, you want your house to stay warm because at that point it’s a life and death issue, and not a convenience issue.”
This story was produced by South Dakota News Watch, a nonpartisan, nonprofit news organization. Read more in-depth stories at sdnewswatch.org and sign up for an email every few days to get stories as soon as they’re published. Contact Stu Whitney at stu.whitney@sdnewswatch.org.
Rally against eminent domain for carbon pipelines held at Iowa Capitol
Iowa lawmakers and landowners spoke at a rally at the Iowa Capitol Rotunda against eminent domain for carbon capture pipelines.
PIERRE, S.D. — The South Dakota coalition that successfully pushed for a state ban on eminent domain for carbon capture pipelines last winter will propose broader limits on eminent domain and more protections for landowners this legislative session.
Sen. Mark Lapka, R-Leola, announced the efforts. One would send a proposed state constitutional amendment to voters in November that would further restrict eminent domain.
“Codified law is too easily amendable over time,” Lapka said. “It’s the constitutionally protected rights that hold firm forever.”
The amendment would “eliminate eminent domain for private gain,” Lapka said, while allowing for public works projects such as public highways, water lines and other infrastructure.
Eminent domain is a legal process for gaining access to privately owned land when a deal can’t be reached with landowners. It’s often used for public infrastructure projects. It became controversial in South Dakota when Iowa-based Summit Carbon Solutions attempted to use it for a five-state pipeline that would capture carbon dioxide from ethanol plants and transport it to an underground sequestration site in North Dakota. The project would benefit from federal tax credits incentivizing the prevention of heat-trapping emissions into the atmosphere.
Landowner opposition to the Summit project in South Dakota culminated in the Legislature’s passage of a law last year banning carbon pipelines from using eminent domain. Summit is still pursuing the project and has permits in other states, but has been denied permits twice by South Dakota’s Public Utilities Commission.
Lapka announced his new proposals at a property rights rally Monday in the state Capitol rotunda, attended by dozens of South Dakota farmers, ranchers and lawmakers.
SD bill named after Jared Bossly of Aberdeen
Along with the constitutional amendment, Lapka announced what he’s calling the “Bossly Bill,” named for Jared Bossly, of rural Aberdeen, who is suing Summit Carbon Solutions for allegedly trespassing on his land while it was asserting its right to use eminent domain.
Lapka said the bill will mirror language in a decision by the South Dakota Supreme Court in 2024. The decision said Summit had not proven it was a common carrier. That meant the company could not use eminent domain to access landowners’ property.
Lapka’s bill would “clean up” the language that exists in state law, he said, and protect against “invasive tactics.”
There was a bill introduced last legislative session that would have empowered citizens to sue for allegedly deceptive practices, fraud, harassment, intimidation or misrepresentation during the acquisition of land access agreements by carbon pipeline land agents. The bill narrowly failed in the Senate after passing the House.
The text of the bills announced by Lapka had not been released as of Monday afternoon. The 2026 session of the South Dakota Legislature begins Tuesday and continues through March.
South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
WATERTOWN, S.D. — A man who spent 1,217 days as the only suspect in the 2020 murder and beheading of an Indigenous woman filed a civil rights lawsuit in federal court on Thursday, Jan. 8, alleging he was negligently and maliciously prosecuted.
The complaint, filed in the United States District Court of South Dakota Northern Division, on behalf of Jeremiah Peacemaker, 49, names nearly three dozen defendants, including current Watertown Police Chief Timothy Toomey, department officers, South Dakota Attorney General Marty Jackley, as well as agents from the South Dakota Division of Criminal Investigation, the city of Watertown, and others.
Peacemaker was
acquitted on March 5, 2024,
of murdering 28-year-old Kendra Rae Owen, an enrolled member of the Sisseton Wahpeton Oyate.
Patrick Lalley / Sioux Falls Live
Peacemaker argues his rights under the 4th, 5th, 8th and 14th amendments to the U.S. Constitution were intentionally, recklessly and willfully violated, and claims the ordeal has left permanent damage to his reputation, his emotional well-being, his livelihood and his relationships.
Represented by Steven Beardsley, Kate Benson and Scott Bratland, of South Dakota law firms, Peacemaker is seeking compensatory damages in an amount to be determined by a jury at trial.
In the complaint, Peacemaker claims little of Owen’s case was actually investigated: Witnesses were ignored, evidence was ruined, misplaced and lost, and other suspects besides Peacemaker were not investigated.
“Investigators refused to consider the possibility that they had arrested the wrong person,” his complaint states.
Peacemaker told investigators that he met Owen only once, days before her murder, and he was the victim of a beating and a hit-and-run the night before his arrest.
At the time, police thought Peacemaker’s story strange, according to the complaint, and fingered him as the primary suspect hours after Owen’s body was found.
“They wanted to prove that (the) plaintiff made up the story about the assault and hit and run. When they actually did an investigation, what they discovered is that he had told the truth,” the complaint states.
Shortly after Owen’s murder, investigators agreed to trick Peacemaker, according to the complaint. Outwardly, they pretended they were going to investigate the hit and run, but quickly focused on placing Peacemaker at the scene of the murder.
At the police station, Peacemaker alleges he was tricked into giving a DNA sample, and into talking about a woman with pink hair.
Owen had pink hair.
Patrick Lalley / Sioux Falls Live
Eventually, he was read his Miranda Rights. A photograph of Owen’s corpse and her head propped on a mattress was “slapped” in front of him, the complaint stated.
Even though Peacemaker tried to tell investigators that he had only met Owen one time, two days before the hit-and-run, they called him a psychopath and a serial killer.
“He was completely blindsided and stunned,” the complaint stated.
Video evidence later revealed that Peacemaker was telling the truth, according to the complaint — he was seen with Owen buying beer from a nearby bar.
“The plaintiff explained that he was not trying to hook up with her and that she did not make him mad. He was happy to meet her and to have made a new friend,” the complaint stated.
After an entire night of interrogation, Peacemaker was arrested.
Patrick Lalley / Sioux Falls Live
Nearly three years after Owen’s death, Peacemaker’s defense lawyers returned to the crime scene. While walking around the house, they saw a strange saw on the roof. After reviewing crime scene photographs from 2020, the saw was visible in the same spot, according to the complaint.
“Defendants did not find it because they did not look. It remained on the roof for three years. By the time it was finally collected, the forensic evidence was gone,” the complaint stated, adding that there were reddish-brown stains on the roof under the saw.
Patrick Lalley / Sioux Falls Live
No reasonable investigating officer could have believed there was probable cause to arrest Peacemaker, the complaint stated.
“Because of the quick arrest of Mr. Peacemaker and subsequent press releases, the public was led to believe that this was an open and shut case. Law enforcement officers were hailed as heroes for the quick arrest. The victim’s family had no idea how flawed the case was until they showed up to watch the trial,” the complaint stated.
Contributed / Jewel DeMarrias
Owen, whose Indigenous name according to her obituary was Gakiya Nagun Wiyan or “Hears the Voice in the Distance Woman,” lived a “high-risk lifestyle,” the complaint stated, adding that she had disabilities that impaired her judgment. She had a substance abuse disorder, but she was also independent and a fighter.
Owen’s case worker, Marciella Espinoza, from the Human Service Agency, called her “Mike Tyson” because her initials were “K.O.,” and at times she was involved in fights, both as an assailant and a victim, according to the complaint.
But Owen was much more than that, her mother Jewel DeMarrias told Forum News Service in a brief interview.
She played bowling, basketball and softball in the Special Olympics. She was a churchgoer, DeMarrias said.
“She was an earth angel. She would give you her last penny to help you,” DeMarrias said.
Contributed / Jewel DeMarrias
Because of her lifestyle, intoxicated people were frequently in her home, according to the complaint. From Jan. 1, 2020, until the day her body was found, she called 911 six times, usually asking for help removing people from her home.
“A quick search of Ms. Owen’s record yielded a ton of potential suspects. The 911 records had the names of individuals who should have been interviewed because they were recently in altercations with Ms. Owens, but they were not,” the complaint stated.
From that suspect list of eight people, some have already died since the trial, according to the complaint.
One possible suspect had had Owen’s keys and threatened to kill her.
A second possible suspect — a woman — tried to hire an undercover FBI agent to commit murder, and when asked what she would do to help with the murder, she offered to cut up the body, according to the complaint.
A third potential suspect, who made the last nine phone calls to Owen, stopped by her house numerous times looking for his jean jacket. Owen was wearing a jean jacket at the time of her death.
A fourth potential suspect once broke Owen’s arm, and a fifth was with Owen when she met Peacemaker. Both these people are now deceased.
The sixth person on the list described by the complaint was described as Owen’s occasional boyfriend.
The seventh was a violent meth user who once gouged out a person’s eye.
And the eighth possible suspect was once married to a woman who assaulted Owen. While in jail, he made a “strange phone call” to Peacemaker, saying that whoever killed Owen was after him.
Cigarette butts found in Owen’s apartment were also not tested until defense attorneys in Peacemaker’s felony trial insisted. When DNA evidence came back, the genetic trail led to a woman named Brianna Lawrence, who spent time in prison for hiring a hit man to kill the father of her children, according to the complaint.
“She planned to assist the hit man by chopping the body into pieces,” the complaint stated, adding that Lawrence was also not interviewed until three years after the murder, a delay that made documentation of Lawrence’s location difficult.
The Watertown Police Department’s failure to properly investigate the case “shocks the conscience,” the complaint stated.
“Key pieces of evidence were recklessly ignored. Evidence proving Mr. Peacemaker was innocent, lost, not collected, not tested and not documented,” the complaint stated. “Investigators were more worried, tiptoeing around each other’s egos, than doing a proper investigation.”
Watertown Police Capt. Ryan Beauchamp — one of the defendants — told Forum News Service that the department could not comment on the lawsuit at this time.
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It’s expensive to extend fiber-optic cable to the remaining locations in South Dakota that don’t have high-speed internet, so the state is leaning into providers offering service from satellites in space.
The state’s ConnectSD initiative, which began in 2019, had helped bring broadband access to 91% of South Dakota by 2024. A state report noted the remaining 9% would be costly, given the price of bringing miles of fiber to remote areas with few customers.
The broadband initiative has cost $300 million so far, with funding from federal, state and private sources. Gov. Larry Rhoden announced recently that the state will soon receive another $72 million in federal funding for the effort.
A little more than a third of the new funding will go toward “Low Earth Orbit Satellite” technologies, like SpaceX’s Starlink, to reach 2,705 of the 7,060 locations in the state targeted for the funds. Most of the other targeted connections will come by way of fiber-optic cable, and 177 will come via signals beamed from cellular towers.
The satellite funding will not be used to pay for individual subscriptions, said a spokesperson for the Governor’s Office of Economic Development.
“Instead, the award reserves network capacity with the provider so service is available in those locations,” said Bri Vande Pol. “The provider is reimbursed on a per-location basis only when a customer subscribes to the service.”
Vande Pol said the federal funding requires providers to make high-speed internet available to each eligible location for at least 10 years. She said the provider receives 25% of the award upon confirming service is available, and the remaining payments for the reserved network capacity are made quarterly over the 10-year period.
The new federal money comes from the Broadband Equity, Access and Deployment program, authorized by the 2021 Infrastructure and Jobs Act, passed during the Biden administration.
“Under the Trump administration’s changes to that program, states are encouraged to use a technology-neutral approach and connect locations in the most efficient way possible,” Vande Pol said.
“In some of South Dakota’s most remote areas, Low Earth Orbit satellite service is a strong, reliable solution that meets performance standards while allowing us to maximize the reach of available BEAD funding,” she added.
As of June 2025, South Dakota’s ConnectSD program had used $84.4 million in state general funds, $88.5 million in federal funds and $129.6 million in private investment from broadband providers to connect about 31,000 locations. The state and federal money has mostly been spent on grants to service providers, to help them expand their networks.
Rhoden’s latest proposed budget asks lawmakers to authorize $87 million in federal funding to be spent on broadband in the coming fiscal year.
Rhoden spokesperson Josie Harms said the $72 million figure announced in a press release represents “the amount that will actually be awarded to the subrecipients.”
“The $87 million amount is the total spending authority, which includes the project costs as well as administrative costs and marketing costs,” she wrote in an email to South Dakota Searchlight.
South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
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