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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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Tribes underscore how economic development, social programs are helping members

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Tribes underscore how economic development, social programs are helping members


Leaders of tribal nations highlighted efforts to bolster their communities and strengthen their sovereignty at an annual summit this week.

Frank Jamerson, vice chair of the Standing Rock Sioux Tribe, said the tribe has made progress building relationships with other government agencies.

“We’re now able to take those steps forward so we can start showing the United States government that we as Native Americans can start taking care of ourselves,” Jamerson said.

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Frank Jamerson, vice chair of the Standing Rock Sioux Tribe, listens to a presentation during a summit between state and tribal leaders on June 26, 2024.

Mary Steurer / North Dakota Monitor

During the event, which took place Tuesday and Wednesday at the Bismarck Event Center, the five tribes that share geography with North Dakota were invited to provide updates on projects and programs and to speak to accomplishments and challenges in their communities.

Standing Rock, for instance, will soon start construction on several new greenhouses. The goal of the program is to help the tribe produce more of its own food.

Standing Rock is planning a new records building, as well. The facility will store the tribe’s historical documents, Jamerson said.

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“It will be like a teaching tool for our younger generation — that they can see the history,” said Jamerson, who spoke at the conference on behalf of Chair Janet Alkire.

The vice chair also highlighted a successful housing program for employees of the Prairie Knights Casino and a program that provides free meals for elders.

Spirit Lake Nation Chair Lonna Jackson-Street said her tribe is working to administer more public programs without assistance from the federal government.

“We believe that tribal government is the best-situated to provide for public welfare and law and order on the reservation,” Jackson-Street said at the conference.

Spirit Lake leaders are considering assuming responsibility for law enforcement services currently provided through the Bureau of Indian Affairs, Jackson-Street said.

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The tribe has already signed an agreement with the bureau to employ three of its own law enforcement officers. She said the agreement allows the tribe to bypass the agency’s background check process, which in the past has significantly lengthened the hiring process.

She noted that the tribe already manages programs formerly administered by the Indian Health Service and the U.S. Department of the Interior.

The Turtle Mountain Band of Chippewa recently opened a food distribution center and this fall will welcome a new addiction treatment center, Chair Jamie Azure said.

Turtle Mountain also is adding new recreational facilities, he added.

A new water park recently opened on the reservation, and a trampoline park is slated to open within the next few weeks.

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“We started hearing that the kids wanted a safe haven to go to — somewhere fun in the community that was safe, where they felt safe,” Azure said.

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Lonna Jackson-Street, chair of the Spirit Lake Nation, speaks during a summit between state and tribal leaders on June 25, 2024.

Mary Steurer / North Dakota Monitor

Azure said the tribe has formed a drug task force to combat drug trafficking.

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The task force and state are “working together to stop the drugs from coming into our communities,” he said.

MHA Nation Chair Mark Fox shared a long list of new developments on the Fort Berthold Reservation, including public schools, medical facilities, government buildings and community centers. Like Standing Rock, the MHA Nation is also planning to build a greenhouse.

Fox also noted that the 4 Bears Casino has taken a significant revenue hit due to the explosion of electronic pull tabs in North Dakota.

In order to help its tourism industry bounce back, the MHA Nation is also planning updates to the 4 Bears Casino, as well as to build a new casino near White Shield, Fox said.

“Our strategy is not to retreat,” Fox said. “Our strategy, given our resources and everything else we do, is to reinvest.”

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In the future, the MHA Nation hopes to open a regenerative treatment center for diabetes and other illnesses.

Fox said the MHA Nation is also investing its wealth outside the reservation. It has purchased land for development in Las Vegas, for example.

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Mark Fox, chair of the MHA Nation, delivers an address during a conference between state and tribal leaders on June 26, 2024.

Mary Steurer / North Dakota Monitor

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“Real estate development makes money,” Fox said.

Leadership from the Sisseton-Wahpeton Oyate Tribe was unable to attend the conference.

Many tribal leaders also took the opportunity to bid farewell to Gov. Doug Burgum, who started the conference six years ago. Burgum is not seeking reelection to the office of governor. His term ends in December.

During the conference, Burgum urged a continued focus on state-tribal relations.

“My first challenge for all of you is to say, ‘Hey, this is just the beginning. … We’re keeping this thing going, we’re moving forward,’ ” Burgum said. “One of the advantages we have as a state is that we’re nimble, we’ve got all these abundant resources, and we can tackle even the biggest challenges.”

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This story was originally published on NorthDakotaMonitor.com

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This story was written by one of our partner news agencies. Forum Communications Company uses content from agencies such as Reuters, Kaiser Health News, Tribune News Service and others to provide a wider range of news to our readers. Learn more about the news services FCC uses here.





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NDSU and North Dakota Air National Guard announce new partnership – KVRR Local News

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NDSU and North Dakota Air National Guard announce new partnership – KVRR Local News


FARGO, N.D. (KVRR) – NDSU and the North Dakota Air National Guard signed a Memorandum of Agreement Thursday, to better serve NDSU’s Military Students.

The partnership promises more direct communication and meetings between NDSU and the 119th Wing to discuss potential academic opportunities for recruits, and gather data about opportunities they’d like to see at NDSU.

NDSU President David Cook said that this partnership is important to ensuring a diverse range of backgrounds and experiences on NDSU’s campus.

“It’s a different kind of student bringing a different perspective into the classroom, which is absolutely critical for us. And it’s an opportunity for them to come here and get an associates degree through the Air Force, and then go across the street and get a four year degree at NDSU.”

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NDSU will also streamline degree pathways for North Dakota Air National Guard members, and provide them with professional academic advising support to help them find the best path towards degree completion.





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North Dakota woman writes book honoring late service dog

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North Dakota woman writes book honoring late service dog


BISMARCK, N.D. (KFYR) – In 2016, retired teacher Sandra Sherlock lost someone very important to her. That’s why she wrote “With a Song in His Heart: A Service Dog’s Tale.” She said Eddie was outgoing, quirky, kind and playful.

Eddie wasn’t even two years old when Sandra took him home, but she said his trainer was so confident they’d make a good pair that they sent him with her. He’d been trained to provide mobility assistance, and Sandra’s multiple sclerosis and foot drop made it difficult for her to walk.

“He was there with me for every minute of my time with him,” Sandra said.

Sandra said they were a good match. She loved socializing and worked as a music teacher. Eddie loved going out and being petted by anyone who was willing to do so. Sandra said in a way, Eddie was a service dog for others, too.

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Students would visit the golden retriever and labrador mix to decompress in the mornings. Eddie became such a staple at the school that he got his own class photo each year. Sandra said she’d use Eddie’s love for singing to motivate her students.

Sandra said her book started out as a writing exercise. She wrote the first five chapters in 2011, but it wasn’t until August of 2023 that she picked up her draft again. Sandra would send her completed chapters to a class of sixth-grade students for proofreading, and they’d send her their notes and edits.

Sandra said Eddie died from cancer in 2016, but even though it felt like losing a family member, she didn’t write the book out of grief; she wrote the book because so many people loved Eddie.

“I needed to make sure Eddie’s stories stayed with us. Eddie had friends all over the state. He had friends everywhere, and he meant so much to so many people. It was bigger than just me,” Sandra said.

Sandra said the self-published book has been well-received. She travels throughout the state for book signings and readings.

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If you’re interested in reading Sandra’s book, you can purchase a copy through her website or at one of her book readings. Sandra said the books will be available at The Owl Bookstore in Bismarck as well. Her next reading will be in Minot on June 29.



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