North Dakota

North Dakota’s proposed haze plan comes under scrutiny

Published

2 years ago

May 29, 2022

North Dakota’s proposed haze plan comes under scrutiny

State environmental officers will maintain a listening to Tuesday on North Dakota’s proposal for addressing regional haze, which requires the approval of federal officers who’ve already begun poking holes within the doc.

The North Dakota Division of Environmental High quality proposes to take care of the established order on the state’s coal-fired energy crops and never require any to put in new expertise to higher management emissions of pollution comparable to nitrogen oxides and sulfur dioxide. The plan incorporates burner upgrades already put in at Coal Creek Station in 2020 to scale back emissions of nitrogen oxides, making the operation of the expertise an “enforceable requirement,” mentioned David Stroh, an environmental engineer with the division.

The state evaluated the influence of requiring extra emissions discount measures on a number of amenities and concluded that doing so would end in primarily no visibility change inside two key pure areas: Theodore Roosevelt Nationwide Park and the Lostwood Nationwide Wildlife Refuge within the northwestern a part of the state. Officers checked out expensive, stringent measures and different less-pricey choices, in addition to permitting the crops to function with none new controls.

“What we discovered was there was no humanly perceptible change in visibility whatever the situation we might have chosen,” Stroh mentioned.

He added that it’s laborious to justify requiring the set up of expensive tools that gained’t end in an enchancment to visibility. Wildfires in different states account for a lot of the deteriorated visibility throughout elements of the 12 months in North Dakota, he mentioned.

The state is projected to satisfy short- and long-term visibility objectives, the division says in its proposed plan.

Every state goes by means of an identical planning course of, which goals to enhance visibility at nationwide parks and main wilderness areas. The U.S. Environmental Safety Company should log off on states’ plans, or it might impose a plan of its personal upon a state. The final time North Dakota submitted a plan in 2010, the company rejected the state’s proposal partly and positioned its personal necessities upon the state. The matter ended up in courtroom.

Haze in North Dakota is monitored by means of a community led by the EPA, different federal businesses and analysis organizations. The community has displays within the nationwide park and at Lostwood. The state has additionally included information from its personal air high quality displays in its proposal.

Companies weigh in

A number of federal businesses have weighed in already on North Dakota’s plan, and so they say the state must do extra.

The Nationwide Park Service mentioned that “of all states, North Dakota has probably the most vital affect on haze” in main pure areas.

North Dakota emissions “are vital throughout the area and particularly contribute to regional haze at Theodore Roosevelt Nationwide Park in North Dakota in addition to Badlands and Wind Cave Nationwide Parks in South Dakota,” the company wrote in feedback to the state.

The park service acknowledged that visibility developments are bettering general, however it mentioned air pollution has elevated on the worst visibility days lately.

“Steady enchancment might be wanted to proceed the downward development in haze and meet the 2064 objectives,” the company mentioned.

The EPA’s regional haze program seeks to succeed in pure visibility circumstances by that 12 months.

The Park Service needs North Dakota to require cost-effective measures to scale back pollution from industrial amenities and impose new necessities on oil and gasoline infrastructure, amongst different requests.

The U.S. Forest Service, likewise, mentioned cost-effective controls “ought to be thought of whatever the supply’s particular person, or mixed, influence to visibility.”

The company added that “small visibility enhancements, even these which may be imperceptible by themselves, are important for making progress in the direction of the Nationwide Objective of restoring pure circumstances” by 2064. It mentioned the state ought to rethink its resolution to not require low-cost emission controls, notably at Coyote Station and Antelope Valley Station, that are two coal crops.

The EPA has additionally weighed in, echoing the opposite businesses in feedback about minor visibility enhancements and oil and gasoline guidelines. It additionally listed a bunch of different suggestions.

North Dakota didn’t make any main adjustments to its proposed plan because of the businesses’ suggestions, however it made minor changes to higher clarify its perspective, Stroh mentioned.

The federal businesses indicated “Now we have a really sturdy technical plan, however they disagree with the conclusions we got here to,” he mentioned.

North Dakota has responded to a number of the feedback, writing that it has addressed sure emissions from oil effectively websites already and that federal guidelines exist. Websites on the Fort Berthold Indian Reservation fall below federal jurisdiction, the state mentioned. The division added that the matter might be additional addressed below new proposed EPA guidelines.

Out-of-state wildfires additional west have the best impact on visibility at Theodore Roosevelt Nationwide Park and Lostwood Nationwide Wildlife Refuge, Stroh mentioned. Final summer season was notably dangerous as smoke from fires within the western United States and Canada prolonged over North Dakota for quite a few days, inflicting hazy skies and a major deterioration in air high quality.

“They fully overshadow any visibility impairment that might be attributable to our sources,” Stroh mentioned.

A number of adjustments at main industrial amenities inside North Dakota are anticipated to have a constructive impact on air high quality, Stroh mentioned. Montana-Dakota Utilities shuttered its two coal models at Heskett Station north of Mandan earlier this 12 months and is planning so as to add yet one more pure gasoline unit, which is predicted to emit much less. Hess’s Tioga Fuel Plant is making upgrades as effectively.

The operators of a number of coal crops in North Dakota are eyeing expertise to seize their carbon dioxide emissions. Such tools can be more likely to scale back emissions of sulfur dioxide, because the pollutant must be faraway from exhaust gasoline for the remainder of the seize course of to operate correctly, Stroh mentioned.

The EPA’s regional haze program is designed in order that states make incremental progress over 10-year durations by means of 2064. It’s doable North Dakota might require extra emission controls at varied amenities sooner or later, Stroh mentioned.

“It’s not a one-and-done factor,” he mentioned.

North Dakotans react

Whereas a bunch representing North Dakota’s coal business has endorsed the state’s plan, conservation teams say it falls quick.

“North Dakota has a number of the most egregious haze polluters within the nation, harming air high quality in Theodore Roosevelt Nationwide Park and different treasured locations within the Badlands,” mentioned Elizabeth Loos, government director of the Badlands Conservation Alliance. “This new plan but once more lets North Dakota’s dirtiest amenities dump haze air pollution into our skies and lungs unchecked, exhibiting that North Dakota nonetheless values polluters over folks and parks.”

Prairie Rose Seminole, a member of the Mandan, Hidatsa and Arikara Nation and an Indigenous Fellow with the Nationwide Parks Conservation Affiliation, mentioned she will see the exhaust gasoline of a number of coal crops from her house.

“It’s unconscionable that our state is advancing a haze plan that does nothing to chop air pollution from these amenities and different industries regardless of clear proof that they’re dangerous to me and my household, our livestock and my native lands,” she mentioned. “The peoples of the MHA Nation and my household have been stewards of those river valleys and backside lands for time immemorial and might recall a time of pure waters, clear air and bountiful lands which will come to solely exist in our tales.”

The Lignite Vitality Council mentioned North Dakota’s energy crops have spent greater than $2 billion over the previous 10 years on emission controls. The state “is presently effectively forward of schedule in assembly EPA’s visibility targets,” President Jason Bohrer mentioned.

“We urge the Environmental Safety Company to acknowledge the state’s authority and discretion by approving the state’s implementation plan,” he mentioned.

The three members of North Dakota’s Public Service Fee mentioned the proposed plan earlier this week, indicating they may present feedback to state environmental officers in assist of the plan. They hope to chase away any actions by the EPA that would speed up the retirement of coal crops in North Dakota, notably amid a projected shortfall in electrical energy capability inside one of many energy grids that operates within the state.

Subsequent steps

The division’s public listening to is about for Tuesday at 9 a.m. in Room 223 of its Bismarck headquarters at 4201 Normandy St.

State officers are additionally accepting feedback from the general public by means of Wednesday.

The state will put together a doc responding to the feedback it receives and will incorporate suggestions into the ultimate plan it sends to the EPA. The state goals to submit the plan by Aug. 15, Stroh mentioned. That kicks off a prolonged overview course of — the EPA has six months to make sure the doc is full and one other 12 months to present it a thumbs up or down.

Attain Amy R. Sisk at 701-250-8252 or amy.sisk@bismarcktribune.com.

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North Dakota

North Dakota 77-73 Loyola Marymount (Nov 22, 2024) Game Recap – ESPN

Published

7 hours ago

November 23, 2024

Press Room

North Dakota 77-73 Loyola Marymount (Nov 22, 2024) Game Recap – ESPN

LOS ANGELES — — Treysen Eaglestaff had 23 points in North Dakota’s 77-73 win over Loyola Marymount on Friday night.

Eaglestaff also contributed five rebounds for the Fightin’ Hawks (3-2). Mier Panoam scored 16 points and added seven rebounds. Dariyus Woodson had 12 points.

The Lions (1-3) were led in scoring by Caleb Stone-Carrawell with 17 points. Alex Merkviladze added 16 points, eight rebounds, four assists and two steals. Will Johnston had 15 points and four assists.

North Dakota went into the half ahead of Loyola Marymount 36-32. Eaglestaff led North Dakota with 12 second-half points.

——

The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.

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North Dakota

National monument proposed for North Dakota Badlands, with tribes' support

Published

15 hours ago

November 22, 2024

Press Room

National monument proposed for North Dakota Badlands, with tribes' support

BISMARCK, N.D. — 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 (56,546 hectares) 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 National Park Service oversees national monuments, which are similar to national parks and usually designated by the president to protect the landscape’s features.

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 Donald 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.

This undated image provided by Jim Fuglie shows Bullion Butte in western North Dakota. Credit: AP/Jim Fuglie

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.

North Dakota Gov. Doug Burgum is President-elect Donald Trump’s pick to lead the Interior Department, which oversees the National Park Service, including national monuments. 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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North Dakota Supreme Court Considers Motion to Reinstate Abortion Ban While Appeal is Pending

Published

23 hours ago

November 22, 2024

Press Room

North Dakota Supreme Court Considers Motion to Reinstate Abortion Ban While Appeal is Pending

The North Dakota Supreme Court hears arguments involving abortion via Zoom on Nov. 21, 2024. (Screenshot Bismarck Tribune via the North Dakota Monitor)

(North Dakota Monitor) – North Dakota’s solicitor general called on the North Dakota Supreme Court to reinstate an abortion law struck down by a lower court until a final decision in the case is made, arguing that the ban must remain in effect because the state has a compelling interest in protecting unborn life.

“We say that not to be dramatic, but because the district court seems to have lost sight of that,” Phil Axt told justices Thursday.

The ban, signed into law by Gov. Doug Burgum in April 2023, made abortion illegal in all cases except rape or incest if the mother has been pregnant for less than six weeks, or when the pregnancy poses a serious physical health threat.

South Central Judicial District Court Judge Bruce Romanick vacated the law in September, declaring it unconstitutionally vague and an infringement on medical freedom.

He further wrote that “pregnant women in North Dakota have a fundamental right to choose abortion before viability exists.”

The law went into effect just weeks after the North Dakota Supreme Court ruled the state’s previous abortion ban unconstitutional and found that women have a right to seek an abortion for health reasons.

Axt argued Thursday that Romanick’s judgment striking down the 2023 law conflicts with the Supreme Court’s prior ruling, and that Romanick’s legal analysis contains “glaring errors.” Axt claimed there’s nothing in the state constitution that supports a right to abortion until the point of viability.

“It’s been clear since our territorial days that in order to justify killing another human being, there must be a threat of death or serious bodily injury,” Axt said.

Meetra Mehdizadeh, an attorney representing the plaintiffs, said to reverse Romanick’s decision even temporarily would be to disregard many serious problems he identified with the statute.

The ban does not sufficiently explain to doctors when they may legally provide abortions — which chills their ability to provide necessary health care for fear of prosecution, she said.

“The district court correctly held that the ban violates the rights of both physicians and patients, and staying the judgment and allowing the state to continue to enforce an unconstitutional law would be nonsensical,” Mehdizadeh said.

Axt countered that the law is not vague, and that doctors are incorrect to assume they would face criminal penalties for good-faith medical decisions.

If doctors are confused about the ban, said Axt, “the solution is not striking down the law — it is providing some professional education.”

In briefs filed with the court, the state also argued that Romanick’s judgment vacating the law seems to conflict with his original order declaring the law unconstitutional.

While the order identifies a right to abortion until the point of fetal viability, Romanick’s judgment does not include any reference to viability. The state is now confused as to whether it can now enforce any restrictions on abortion, Axt said.

North Dakota still must observe abortion regulations established under other laws not challenged in the lawsuit, Mehdizadeh said.

Axt further claimed that Romanick’s judgment should be put on hold because it addresses a “novel” area of law, and because it takes a supermajority of the Supreme Court to declare a statute unconstitutional.

“Statutes should not be presumed unconstitutional until this court has had an opportunity to weigh in on the matter, and a super majority of this court is of that opinion,” Axt said.

Justice Daniel Crothers said he questioned Axt’s logic.

“Any novel issue where the district court declares something unconstitutional, it’s sounding like you’re suggesting that we should presume that it’s wrong,” Crothers said to Axt.

The appeal is the latest step in a lawsuit brought against the state by a group of reproductive health care doctors and a Moorhead, Minnesota-based abortion provider, Red River Women’s Clinic. The clinic previously operated in Fargo, but moved across the state line after Roe v. Wade was overturned in 2022.

The ban, passed with overwhelming support by both chambers of the Republican-dominated Legislature, set penalties of up to five years in prison and a maximum fine of $10,000 for any health care professionals found in violation of the law.

The arguments were only on whether Romanick’s decision should be put on hold during the appeal, not on the merits of the case itself, which the Supreme Court will consider separately. The justices took the matter under advisement.

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