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North Dakota regulators to take up local control in pipeline hearing – Iowa Capital Dispatch

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North Dakota regulators to take up local control in pipeline hearing – Iowa Capital Dispatch


Can local zoning rules trump state pipeline regulations?

That’s the key question North Dakota’s Public Service Commission is taking up.

The PSC left the question hanging earlier this year when it denied Summit Carbon Solutions a permit for its carbon capture pipeline. But it is hearing arguments on the issue at 2 p.m. Thursday.

Steve Leibel of Bismarck is one of the attorneys representing landowners that will be making the argument for local control.

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“It is offensive to me, the attitude that these counties need to just shut up and take their medicine. I don’t think that’s what the Legislature intended,” Leibel said.

The hearing will include arguments from Emmons and Burleigh counties that have passed ordinances with tighter restrictions on where the pipeline can run than what is in state regulations.

Summit, which declined to comment on the hearing, will have the opening argument and a rebuttal at the end.

It is not clear if the commissioners will make a decision at the hearing.

Leibel, who represents landowners, said it’s unusual for a state agency like the PSC to make such an interpretation.

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“Agencies certainly do some interpretation of statutes and regulations, but they’re really diving into the deep end on something like this, analyzing this,” Leibel said.

The issue is complicated by the fact that Summit needs both a certificate of corridor compatibility and a permit from the PSC. Leibel said those used to be on separate tracks, with the certificate coming first, but now are part of the same hearing process.

Leibel said state law regarding the route permit seems to favor state preemption but he will argue that the certificate language does not.

Attorney Brian Jorde of Domina Law, who represents landowners in multiple states, called state preemption “An unbelievable attack on the concept of local control.”

The PSC cited several reasons for denying the permit, most notably that Summit did not adequately explore alternatives from routing around Bismarck-Mandan.

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Summit, with a new plan to give Bismarck a wider berth, is appealing that denial. But first the PSC has decided to take up the zoning issue.

Summit’s project

Summit seeks to build a 2,000-mile pipeline across five states – Iowa, Minnesota, Nebraska, North Dakota and South Dakota. It would capture carbon greenhouse gas emissions from ethanol plants spread across those states and pipe it to North Dakota for underground storage.

Summit says the project will benefit the ethanol industry and the farmers who supply the plants with corn by lowering the carbon intensity score of the plants.

There also are significant federal tax credits for carbon storage as an incentive.

But concerns about pipeline safety, effects on property values and other issues have prompted counties in multiple states to pass ordinances that put strict limitations on where the CO2 pipeline can run.

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Preemption in other states

The issue was a significant factor in South Dakota, where the Public Utilities Commission denied Navigator CO2 Ventures a permit for its carbon capture pipeline project. Navigator has since abandoned its project.

South Dakota denied Summit’s permit on the same premise, but Summit has said it still plans to pursue a permit in South Dakota.

In Iowa, Summit has prevailed in lawsuits against counties that have passed strict local ordinances.

Summit says it has 80% of ND route

Summit’s reroute in North Dakota added 12 miles to the pipeline.

Summit on Tuesday announced it had reached voluntary easements for about 80% of the pipeline route.

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“Working with the Summit team was fair and mutually beneficial. This partnership is important to us, as it’s a good thing for our land now and in the years to come,” Bruce Speich, a Milnor landowner, said in a news release. “Together, we’re making a big difference for the future of agriculture and energy in North Dakota.”

During PSC hearings, some landowners said they signed a voluntary easement with Summit to avoid an eminent domain battle in court.

This story was originally published by North Dakota Monitor, which is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. North Dakota Monitor maintains editorial independence. Contact Editor Amy Dalrymple for questions: [email protected]. Follow North Dakota Monitor on Facebook and Twitter.
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Illinois State Gets 1st Win Over North Dakota, 35-13

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Illinois State Gets 1st Win Over North Dakota, 35-13


 

(AP) — Wenkers Wright ran for 118 yards and two touchdowns and No. 13 Illinois State knocked off North Dakota for the first time, 35-13 in the regular season finale for both teams Saturday.

The Redbirds are 9-2 (6-2 Missouri Valley Conference) and are looking to reach the FCS playoffs for the first time since 2019 and sixth time in Brock Spack’s 16 seasons as head coach.

Illinois State opened the game with some trickery. Eddie Kasper pulled up on a fleaflicker and launched a 30-yard touchdown pass to Xavier Loyd to cap a seven-play, 70-yard opening drive.

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Simon Romfo tied it on North Dakota’s only touchdown of the day, throwing 20 yards to Nate DeMontagnac.

Wright scored from the 10 to make it 14-7 after a quarter, and after C.J. Elrichs kicked a 20-yard field goal midway through the second to make it 14-10 at intermission, Wright powered in from the 18 and Mitch Bartol caught a five-yard touchdown pass from Tommy Rittenhouse to make it 28-10 after three.

Seth Glatz added a 13-yard touchdown run to make it 35-10 before Elrichs added a 37-yard field goal to get the Fighting Hawks on the board to set the final margin.

Rittenhouse finished 21 of 33 passing for 187 yards for Illinois State. Loyd caught eight passes for 121 yards.

Romfo completed 11 of 26 passes for 135 yards and a touchdown with an interception for North Dakota (5-7, 2-6).

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Illinois State faced North Dakota for just the fourth time and third time as Missouri Valley Conference opponents. The Redbirds lost the previous three meetings.



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Photos: Championship scenes from North Dakota Class A, Class B state volleyball

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Photos: Championship scenes from North Dakota Class A, Class B state volleyball


FARGO — Top-seeded Langdon Area-Munich lived up to its billing Saturday night at the Fargodome.

The

Cardinals earned a 15-25, 25-16, 25-15, 25-16 victory

against No. 2-seeded South Prairie-Max to earn the North Dakota Class B volleyball state championship.

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Bismarck Century spoiled West Fargo Sheyenne’s bid for a three-peat. The

Patriots scored a 25-21, 18-25, 25-15, 25-22 victory

for the Class A state championship.

Century won its 10th state title in program history.

Below are championship scenes from Saturday night at the Fargodome:

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Bismarck Century player Addison Klemin spikes the ball against Sheyenne in the North Dakota Class A championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Chris Flynn / The Forum

Bismarck Century celebrates winning the North Dakota class A championship game against Sheyenne on Saturday, Nov. 23, 2024, at the Fargodome.

Bismarck Century celebrates winning the North Dakota Class A championship game against Sheyenne on Saturday, Nov. 23, 2024, at the Fargodome.

Chris Flynn / The Forum

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Langdon Area/Munich player Kemi Morstad bumps the ball against South Prairie-Max at the North Dakota Class B state volleyball championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Langdon Area/Munich player Kemi Morstad bumps the ball against South Prairie-Max at the North Dakota Class B state volleyball championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Chris Flynn / The Forum

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Bismarck Century player Alexis Heinle spikes the ball against Sheyenne in the North Dakota class A championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Bismarck Century player Alexis Heinle spikes the ball against Sheyenne in the North Dakota Class A championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Chris Flynn / The Forum

Langdon Area/Munich player Hilary Haaven spikes the ball in the North Dakota Class B state volleyball tournament on Saturday, Nov. 23, 2024, at the Fargodome.

Langdon Area/Munich player Hilary Haaven spikes the ball in the North Dakota Class B state volleyball tournament on Saturday, Nov. 23, 2024, at the Fargodome.

Chris Flynn / The Forum

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Bismarck Century versus Sheyenne in the North Dakota class A championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Bismarck Century battles West Fargo Sheyenne in the North Dakota Class A championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Chris Flynn / The Forum

Bismarck Century player Alexis Heinle spikes the ball against Sheyenne in the North Dakota class A championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Bismarck Century player Alexis Heinle spikes the ball against Sheyenne in the North Dakota Class A championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Chris Flynn / The Forum

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South Prairie-Max player Azjiah Trader spikes the ball as Langdon Area/Munich players Hilary Haaven and Aubrey Bedding attempt to block it at the North Dakota Class B state volleyball championship game on Saturday, Nov. 23, 2024, at the Fargodome.

South Prairie-Max player Azjiah Trader spikes the ball as Langdon Area/Munich players Hilary Haaven and Aubrey Bedding attempt to block it at the North Dakota Class B state volleyball championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Chris Flynn / The Forum

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Sheyenne player Cora Metcalf spikes the ball as Bismarck Century's Cadynce Dewitz rises up for a block attempts in the North Dakota class A championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Sheyenne hitter Cora Metcalf spikes the ball against Bismarck Century in the North Dakota Class A championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Chris Flynn / The Forum

Langdon Area/Munich player Payton Hall sets up a teammate against South Prairie-Max at the North Dakota Class B state volleyball championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Langdon Area/Munich player Payton Hall sets up a teammate against South Prairie-Max at the North Dakota Class B state volleyball championship game on Saturday, Nov. 23, 2024, at the Fargodome.

Chris Flynn / The Forum

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South Praire-Max player Reagan Trudell sets a up teammate in the North Dakota Class B state volleyball tournarment on Saturday, Nov. 23, 2024, at the Fargodome.

South Praire-Max player Reagan Trudell sets a up teammate in the North Dakota Class B state volleyball tournarment on Saturday, Nov. 23, 2024, at the Fargodome.

Chris Flynn / The Forum

Eric Peterson

Peterson covers college athletics for The Forum, including Concordia College and Minnesota State Moorhead. He also covers the Fargo-Moorhead RedHawks independent baseball team and helps out with North Dakota State football coverage. Peterson has been working at the newspaper since 1996.

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North Dakota Badlands national monument proposed with tribes’ support

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North Dakota Badlands national monument proposed with tribes’ support


A coalition of conservation groups and Native American tribal citizens on Friday called on President Joe Biden to designate nearly 140,000 acres of rugged, scenic Badlands as North Dakota’s first national monument, a proposal several tribal nations say would preserve the area’s indigenous and cultural heritage.

The proposed Maah Daah Hey National Monument would encompass 11 noncontiguous, newly designated units totaling 139,729 acres in the Little Missouri National Grassland. The proposed units would hug the popular recreation trail of the same name and neighbor Theodore Roosevelt National Park, named for the 26th president who ranched and roamed in the Badlands as a young man in the 1880s.

“When you tell the story of landscape, you have to tell the story of people,” said Michael Barthelemy, an enrolled member of the Mandan, Hidatsa and Arikara Nation and director of Native American studies at Nueta Hidatsa Sahnish College. “You have to tell the story of the people that first inhabited those places and the symbiotic relationship between the people and the landscape, how the people worked to shape the land and how the land worked to shape the people.”

The U.S. Forest Service would manage the proposed monument. The National Park Service oversees many national monuments, which are similar to national parks and usually designated by the president to protect the landscape’s features.

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Supporters have traveled twice to Washington to meet with White House, Interior Department, Forest Service and Department of Agriculture officials. But the effort faces an uphill battle with less than two months remaining in Biden’s term and potential headwinds in President-elect Trump’s incoming administration.

If unsuccessful, the group would turn to the Trump administration “because we believe this is a good idea regardless of who’s president,” Dakota Resource Council Executive Director Scott Skokos said.

Dozens if not hundreds of oil and natural gas wells dot the landscape where the proposed monument would span, according to the supporters’ map. But the proposed units have no oil and gas leases, private inholdings or surface occupancy, and no grazing leases would be removed, said North Dakota Wildlife Federation Executive Director John Bradley.

The proposal is supported by the MHA Nation, the Spirit Lake Tribe and the Standing Rock Sioux Tribe through council resolutions.

If created, the monument would help tribal citizens stay connected to their identity, said Democratic state Rep. Lisa Finley-DeVille, an MHA Nation enrolled member.

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North Dakota Gov. Doug Burgum is Trump’s pick to lead the Interior Department, which oversees the National Park Service. In a written statement, Burgum said: “North Dakota is proof that we can protect our precious parks, cultural heritage and natural resources AND responsibly develop our vast energy resources.”

North Dakota Sen. John Hoeven’s office said Friday was the first they had heard of the proposal, “but any effort that would make it harder for ranchers to operate and that could restrict multiple use, including energy development, is going to raise concerns with Senator Hoeven.”



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