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Camp Lejeune contamination leaves South Dakota Marines with cancer

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Camp Lejeune contamination leaves South Dakota Marines with cancer


When he left the U.S. Marine Corps in 1983, after spending six years at Camp Lejeune in North Carolina, Ronald Lawson was a strong, healthy man with a barrel chest, strong arms and a solid frame that carried his 220 pounds with ease.

He was a roofer and mechanic who loved to fish and camp and spend days at a time enjoying the outdoors.

But roughly a decade ago, Lawson’s health and life began to change. In a period of about eight years, his knees and back gave out, he lost vision in one eye, he suffered severe stomach and intestinal pain, and he woke up one day with a lump the size of a goose egg in his neck that turned out to be Stage 4 throat cancer.

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Lawson, who never smoked, was stunned at the pace and severity of his sudden illnesses.

“I was never sick a day in my life, and cancer doesn’t run in either side of my family,” he said.

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During a recent visit to a Veterans Administration hospital in Sturgis, a doctor asked Lawson if he spent time at Camp Lejeune. In an instant, the doctor’s question dovetailed with all the TV commercials Lawson had been seeing about veterans who served at Lejeune and are suffering from cancer and other serious sickness.

The ads are sponsored by attorneys who are seeking clients who spent time at the North Carolina base from 1953 to 1987 and were known to be exposed to drinking water contaminated with toxic substances.

“I suddenly knew where all my problems had come from,” Lawson, 65, said from a couch in the one-bedroom subsidized Meade County apartment where he spends most of his time. “The toxic water caused my cancer and all this stuff, there’s no doubt about that.”

Lawson’s physical condition continues to worsen.

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Ronald Lawson has throat cancer and the treatment he received has made it difficult to swallow, so he must take nutrition through Ensure protein drinks through a portal in his stomach.

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He speaks in a growl that is hard to understand because radiation damaged his vocal cords. He weighs only 130 pounds and is frail from nerve damage throughout his body. He cannot eat or swallow normally, so he consumes half a dozen bottles of Ensure protein drink through a portal in his stomach each day. He takes 19 medications twice a day for pain, to sleep and to prevent constipation and other side effects from his medication regimen.

“I’m a shell of a man now,” Lawson said, taking a sip of soda with shaking hands.

Next up, Lawson will learn if he has Parkinson’s disease, another condition caused by the water at Camp Lejeune and which could be the cause of his increasing instability and shaking.

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Lawson has contacted the Sokolove Law Firm and hopes for a financial settlement, which has been approved by the U.S. Congress to compensate military veterans and civilians. The federal government acknowledges they were sickened by the toxic water at Lejeune.

Despite that assurance, Lawson isn’t sure if he will ever collect.

“They say it might be settled in two years, but I might not be alive in two years,” he said.

The federal government, and now Congress, have essentially acknowledged without qualification that people who spent 30 days or more at Camp Lejeune or nearby Marine Corps Air Station New River were exposed to toxic chemicals that entered into water treatment plants at the bases.

According to the federal Agency for Toxic Substances and Disease Registry, an arm of the Centers for Disease Control and Prevention, the contaminants came from a dry-cleaning company near the bases and leached into two water systems there.

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In a statement on its website, the agency concluded that “past exposures from the 1950s through February 1985 to trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride, and other contaminants in the drinking water at Camp Lejeune likely increased the risk of cancers (kidney, multiple myeloma, leukemias, and others), adverse birth outcomes, and other adverse health effects of residents (including infants and children), civilian workers, Marines and Naval personnel.”

When the water toxicity was discovered in 1982, the agency reported that PCE levels in drinking water supplied to the base and family housing had 1,400 parts per billion, about 280 times the safe level of 5 ppb. The level of TCE found was 215 ppb, or 40 times the safe level, the agency said. The agency said benzene, vinyl chloride and dichloroethylene (DCE) were also present in the camp water.

According to the VA website section on Camp Lejeune, veterans and civilians may qualify for medical coverage or compensation payments if they served or lived a month or more at Camp Lejeune, were not dishonorably discharged and suffer from one of a long list of presumptive illnesses that include numerous cancers as well as female infertility, miscarriage or in-utero conditions. The site also includes information about how to apply for health coverage or payments.

In 2022, Congress passed the Camp Lejeune Justice Act, which was part of the larger Promise to Address Comprehensive Toxics Act (PACT Act). It gave military veterans and civilian employees the ability to sue the government to obtain medical benefits and financial compensation for injuries or illnesses suffered due to exposure to toxic substances in the line of duty or work.

The act expanded the number of qualifying illnesses and added new categories of potential claimants, including those exposed to the defoliant Agent Orange and, more recently, veterans exposed to toxic burn pits in Iraq and Afghanistan.

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President Joe Biden signed the act, which also prevents the government from making its usual claims of immunity.

Republican U.S. Sens. John Thune and Mike Rounds of South Dakota initially opposed the expansions within the PACT Act, but both eventually voted in favor of the measure.

While pointing to logistical concerns over implementation of the PACT Act and potential costs, U.S. Rep. Dusty Johnson, R-South Dakota, voted against the program, which could cost $280 billion over the next decade.

In a written statement sent to News Watch, Thune said he supported the act after amendments made by GOP colleagues made it tenable. Both he and Rounds earlier told News Watch they were concerned if the current VA system could handle the influx of new PACT patients.

“Veterans pledged their lives to the service of our country and they took upon themselves the burden of defending liberty for the rest of us. We must stand behind our promise to care for them when they return home,” Thune wrote.

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Rounds also sent a statement to News Watch, offering much the same sentiments.

“I supported the PACT Act and a provision within the law that provided long overdue relief to former service members, their families and staff who were exposed to contaminated drinking water and toxic materials at Camp Lejeune. Those who have been impacted served our country honorably and suffered far too long,” Rounds wrote. “As a member of the Senate Committee on Veterans’ Affairs, I remain committed to making sure these men and women receive the care they have earned. While this law is not perfect, it was a step in the right direction. I think improvements can continue to be made.”

Attorney Patrick R. Burns was born in Vermillion, grew up in Sioux Falls and has a law degree from the University of South Dakota. He now practices in Minneapolis.

He’s also a former U.S. Army lawyer licensed in South Dakota, North Dakota, Minnesota and Wisconsin and so far has about 260 clients who are part of the Lejeune class action suit.

His clients suffer from a variety of illnesses, and some lost children due to the contamination, he said. One client group includes a father, mother and their child.

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Burns said the government will use a formula to determine potential settlement offers, which he said could range from the tens of thousands of dollars potentially up to millions.

“There’s tens of thousands of people affected by this,” he said. “What’s the value of a human life that has been cut short or altered?”

Like other lawyers handling Camp Lejeune claims, Burns will take 40% of financial settlements provided by the government, which he said is common practice in product liability or negligence cases in which attorneys work on a contingency basis.

Gene Ridenour, 73, is part of a classic American military family.



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Ridenour at home.jpg

Gene Ridenour of Sioux Falls served in the Marines in Vietnam and later drank toxic water at Camp Lejeune. Ridenour, shown standing in front of military-themed acknowledgments of service for himself, his father and his son, blames his military experiences for causing diabetes and cancer.




His late father, Gene Ridenour Sr., served in the Army in World War II. Gene served as a Marine in Vietnam. His son, Gene III, won a Bronze Star for valor as an Army intelligence officer in Iraq in 2009.

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Ridenour, a native of Sioux Falls who still lives north of downtown, enlisted in the Marines and served as a machine gun operator during the Vietnam War for part of 1968 and all of 1969. He was stationed at Camp Lejeune for about six months after he returned from combat.

Several years ago, Ridenour lost use of his leg, which he attributes to diabetes brought on by exposure to the toxic defoliant Agent Orange during his service in Vietnam. Since then, he has made his way around with a prosthetic aid.

But in 2015, Ridenour noticed a new health problem while using the restroom at a Hy-Vee grocery store and seeing that his urine “was as red as ketchup.”

Ridenour was diagnosed with a bladder infection, but the trip to the doctor led to a further diagnosis of bladder cancer, among the most common cancers related to the toxic water at Camp Lejeune.

Ridenour had bladder tumors removed and received chemotherapy.

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Ridenour said he signed up for the Camp Lejeune settlement to learn more about what happened at the camp and possibly to receive compensation, though he isn’t holding out hope for a major windfall.

“I don’t give a damn if I get money or not, to be honest with you. And if I did get money it would probably be taxi fare or something because the lawyers are going to take all of it,” he said.

Ridenour said he feels terribly for veterans who drank toxic water but even more so for the women and children who lived on the base.

“Think of all the married women who had babies and the civilian workers who were on that base,” he said. “They all drank the water, obviously, and who’s going to fight for them?”

Ridenour said he still supports the Marine Corps, but he is angry with the federal government.

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“I’m mad because they should have known, and somebody screwed up,” he said. “I’m pissed off because all these years later, you find out about this stuff. We are Vietnam veterans, and we served honorably, but I’m not proud of the way they treated us.”

Burns, the Minneapolis lawyer, said some potential clients are afraid of suing because they’ve been misled or inaccurately told that a settlement related to Lejeune could jeopardize future VA benefits. Some also believe they may be forced to repay the government for coverage already received, he said.

Past, current and future VA benefits will not be affected by a Lejeune settlement, he said.

Burns said the U.S. Navy Judge Advocate General Corps has been tasked with handling the Lejeune cases, but staffing and technology issues have slowed claim processing.

He said he hopes that even with a large number of claimants, affected people should begin to see settlement offers and possibly payments by the end of 2023 or early 2024.

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“It’s not the lawyers or the injured people that are delaying it. It’s on the government side,” Burns said.

Despite any logistical delays, Burns said the Lejeune restitution law should lead to fairly rapid settlements, as it largely takes away the need for clients to prove their illnesses are caused by toxic water.

“What’s unique about this law is that it really reduces the typical causation and liability elements associated with most mass tort cases,” he said. “There’s no fight about how it happened. If you can show you were there and you have these certain illnesses, there’s a presumption it was caused by consuming the water.”







Ercink

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John Ercink, 76, of Lake City, S.D., served in the U.S. Marine Corps in Vietnam and spent six months at Camp Lejeune where he was exposed to toxic drinking water.




John Ercink, 76, grew up on a farm near Claire City in the northeast corner of South Dakota.

Ercink knew he was about to be drafted and enlisted in the Marine Corps after graduating from New Effington High School. He was sent to Vietnam in June 1966, where he served more than a year as a heavy artillery operator who also did foot patrols as a rifleman.

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“When I got out of high school, I was going to church and church programs, and the next thing I knew I was going to Vietnam as an 18-year-old who the Marine Corps had trained to kill,” he said.

Ercink said he experienced the worst of war while in Vietnam, including the death of close friends.

Upon return to the States, many veterans were harassed by anti-war protesters, and Ercink began to suffer Post Traumatic Stress Disorder, both from his time in war and from the war at home.

“We got shot up all the time. And as you first come back, you try to push this stuff away from you. But I can never forget that country and what it smelled like, and what the war was like and what blood smells like,” he said. “And then the protesters hated veterans. They were protesting not against the war, but against the warriors, throwing things at you, and it put a lot of stress on us.”

After a 30-day leave spent back home in South Dakota, Ercink was sent to Camp Lejeune, where he lived for about six months in barracks on the base, drinking and bathing in toxic water.

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“You take orders when you’re in the service — you go where they send you,” Ercink said. “You can’t say, ‘I’m not going there, because the water isn’t safe to drink on the base,’ you just go.”

His war memories, coupled with exposure to the defoliant Agent Orange and then the toxic water at Camp Lejeune, have left Ercink with a host of medical conditions.

He has nightmares and restless leg syndrome that make it hard to sleep, constant ringing in his ears, neuropathy that has damaged the nerves in his legs and feet, and he has had both colon cancer and prostate cancer. Ercink said he also had part of his colon removed and had radiation for prostate cancer, and is doing somewhat better and still working his land.

And while he can’t be sure that toxic water at Camp Lejeune is to blame for his cancer, Ercink notes that neither form of cancer runs in his family.

“Like I say, I was a healthy young man when I went into the service, and I came back not so healthy,” he said. “I’ve got all this medical crap going on and it sure wasn’t from farming. It was all related to the toxic water or exposure to chemicals during the Asian vacation as we called it, the 13 months spent in Vietnam.”

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After his honorable discharge from the Marines, Ercink returned to Roberts County where he farmed and owned a gas station before retiring. He has three children and eight grandchildren and lives near Lake City, S.D., with his wife who is his constant companion.

Ercink called the Sokolove Law Firm of Minnesota after seeing a TV commercial about toxic water at Camp Lejeune, and he has shared his military and medical history with the firm.

While he believes the lawyers involved in the class action suit deserve about 20% of any settlement and not the 40% they will likely take, he hopes to get a financial settlement to supplement the small VA disability money and Social Security income he receives each month.

“It’s hard to make ends meet with the income I’ve got,” he said.

Ercink said he doesn’t spend time placing blame for the mistakes that led to the contamination at Camp Lejeune. But he remains angry that more care wasn’t taken to protect veterans and civilians who served their country.

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“I’m ducking bullets for 13 and a half months, and I was hoping to go back to civilian life, and then I get exposed to toxic water?” he said. “If there was toxic water there that long, somebody was not checking things responsibly, and I sure hope they’ve learned something from it.”

While Lawson, the Marine from Sturgis, predicts he may not live long enough to see a settlement, he said that if he were to receive any money, he would travel to be with his extended family in North Carolina.

“I’m not able to do a lot anymore, but I’d move back home to be with my family before we all die off,” he said.

Lawson holds no hard feelings toward the Marine Corps, which he still loves. But he’s angry that people in the federal government didn’t do more to protect people living and working at Camp Lejeune.

”Somebody in the government knew about this and didn’t do anything about it, which is pretty depressing,” he said.

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While Lawson is angry over his exposure to toxic water, he refuses to give in to bitterness.

“I drank, bathed and ate food cooked in that contaminated water, and I’m mad as hell about that,” he said. “But what are you going to do about it? Sit here and complain every day? That isn’t me because I consider myself a strong man and I’m not going to go down to that level. You’ve got to live the life you have as best you can.”

This article was produced by South Dakota News Watch, a non-profit journalism organization located online at sdnewswatch.org.

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There was ‘no room at the inn’ for this dog, but a St. Paul rescue helped save her (and her puppies)

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There was ‘no room at the inn’ for this dog, but a St. Paul rescue helped save her (and her puppies)


It was a Saturday afternoon in December and the Petco on Ford Parkway in St. Paul was busy with shoppers coming and going, some of them accompanied by dogs wearing holiday sweaters.

At the center of the store, enticing customers to pause, was a gaggle of six puppies from three litters, up for adoption through Pooches United with People (PUP).

“Where’s their mom?” asked a volunteer about two of the puppies.

“She’s in my basement,” said PUP founder Jeanne Weigum. “It’s a good story and a bad story.”

“Most are,” said the volunteer.

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True, and this one is our Christmas story.

Jeanne

Jeanne Weigum sits in her yard, her arm around one dog while two others come close.
Jeanne Weigum gives treats to her dogs in the backyard of her home in St. Paul on Tuesday, Dec. 10, 2024. The St. Paul City Council declared Dec. 13, 2023, as “Jeanne Weigum Day” in honor of her volunteerism, which includes rescue dog work. (John Autey / Pioneer Press)

If anyone in St. Paul has a big enough heart to rescue dogs, it’s Weigum, who at 80 is still volunteering on several fronts.

It was a year ago that the St. Paul City Council voted to declare Dec. 13, 2023, as “Jeanne Weigum Day” in honor of her volunteer work, which includes serving as the president of the Association for Non-Smokers-MN. She has also fought against billboards and planted ornamental gardens, spending decades working to improve the city where she lives.

The city council’s resolution called her the “grande dame of advocacy and community building in St. Paul … and beyond for the past 50-plus years.”

Weigum’s work with animals is rooted in both St. Paul and western South Dakota, where she grew up.

“I still have a home in Mobridge,” she said of her hometown.

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While Weigum started volunteering locally with the Animal Humane Society and then Second Chance Animal Rescue, she also wanted to help in South Dakota, especially alongside her neighbors from the Standing Rock Indian Reservation.

“I was connected to Judy White Bull of Wamakaskan Onsaka, which in Lakota loosely translates to ‘animals in need,’” she said.

While her friend has since passed away, South Dakota is still Weigum’s focus for helping animals and the people who love them. Working with locals, Pooches United with People coordinates wellness clinics, animal rescues and more.

It was one such local who saved a dog called Lola.

Lola

Patti Prell, armed with a treat, reaches her hands toward a dog, who is looking cautiously at it from a distance.
Patti Prell, volunteer with Pooches United for People, tries to coax a shy Lola to eat from her hand in her friend Jeanne Weigum’s backyard in St. Paul on Tuesday, Dec. 10, 2024. (John Autey / Pioneer Press)

Weigum emailed the Pioneer Press about a dog from South Dakota on Nov. 30.

“I have a pooch that I think you and your readers might find interesting to learn about and follow,” she wrote.

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It was Lola.

“Lola was abandoned by her family in a 300-person town,” Weigum explained.

Rudy Little Shield of Mobridge, a volunteer with PUP, was familiar with the young dog, a mutt with floppy ears and a reserved disposition.

“I first saw her as a little pup. We vaccinated her along with a couple other ones,” Little Shield recalled in a phone interview. “I knew Lola’s family, but they ended up moving. I don’t know why they left her, I just knew she didn’t have anybody. She was always running around — I don’t think she stayed anywhere.”

“Then, as nature would have it,” Weigum said, “she got pregnant.”

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“A friend called,” Little Shield said. “She said, ‘Can you come check on this dog?’”

It was Lola, and she was having her puppies outside of the friend’s house.

“She had dug a little hole right where the vent comes out to the dryer, maybe because it was warm there,” Little Shield said.

“When she started to deliver there was literally no manger and no room in the inn,” Weigum said. “She started having her puppies out in the open.”

Little Shield brought Lola and her litter a dog house for shelter, a protected space away from other dogs and curious children, but Lola quickly disappeared.

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“And then, about a week later, my sister called me,” he said. “She said, ‘There’s a dog under my porch and it has puppies.”

It was Lola, again. Unfortunately, only five of her nine puppies had survived.

This time, Little Shield was able to get Lola into a kennel with the help of pieces of chicken.

Soon, Lola and four of the surviving pups were on their way to St. Paul with PUP, where our story continues.

“I just hope they get a home,” Little Shield said.

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The fifth pup already found a home — with Little Shield.

A new life

Two black puppies tussle with each other in a fencred yard.
Puppies Stash and Shirley frolic in Jeanne Weigum’s back yard in St. Paul on Tuesday, Dec. 10, 2024. (John Autey / Pioneer Press)

Temperatures were falling in St. Paul on Dec. 10, but Lola and her puppies didn’t seem to notice as they romped around Weigum’s backyard.

“Look how happy she is,” Weigum observed of Lola.

It’s a big change, having shelter and food and companionship.

“She has gained weight and her coat is no longer dull and rough but beautifully shiny,” Weigum says.

There are still challenges, though.

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“She is learning to associate treats with hands and is starting to like human company at least a wee bit,” says Weigum.

With her puppies weaned and three of them adopted, Lola has been placed in foster care with Katie Holmes of Minneapolis, a new volunteer.

“I was at Petco during their adopt-a-puppy event and chatting with somebody there,” Holmes said. “I said, ‘I’m just looking, I can’t take on the financial responsibility of a puppy right now.’ They said, ‘The mom of some of the puppies is going to need a foster, do you want to meet her?’ Let’s go drive over to Jeanne’s house.’ So we did and when I saw Lola’s stupidly large ears and her sweetness, I just kind of fell in love.”

So far, Holmes has learned that Lola loves car rides but does not love being left home alone. She is also willing to tag along to Holmes’ dog-friendly office, where she has made a friend, a dog/mentor named Mishka. Back at her foster home, she enjoys sleeping on a futon and tolerates Holmes’ cat.

After a “chill” Christmas with Holmes, there’s work to be done before Lola is ready for adoption.

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“The foster will work on socializing and desensitizing to the frightening things from the past,” Weigum says. “We are at the middle of this story, with much yet to come.”

Joy

Sara Janssen and her family were reeling this fall after losing both of their dogs in the span of a week: Bella was 15 years old, but Frida — adopted through PUP — died at age five from a rare autoimmune inflammatory disease.

“Jeanne was the first person I called,” Janssen said after Frida’s death. “I hadn’t spoken to her since I adopted Frida, but I needed to talk to her. She is such a warm and loving person, representing all the best things about the adoption and rescue community.”

Weigum knew what Janssen needed: She needed to cuddle some puppies; she needed to hold new life in her hands.

That’s just what she did, after Weigum brought Lola and her puppies 400 miles from South Dakota to St. Paul.

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Soon, one of those puppies — Cricket — was driving a few more blocks, to Janssen’s home.

“If there are people out there like myself, people who have lost a pet who left a hole in their heart and they don’t know where to turn to regain what their heart is missing, what I want to share is how it felt when Cricket was in my lap as we drove the four blocks home from Jeanne’s.

“The joy that comes from having a puppy next to you,” Janssen says, “it’s an unadulterated joy you regain that day.”

A joy that feels like Christmas.

PUP adoption event

Two of Lola’s puppies, Stash and Shirley, are available for adoption and still waiting for homes. Learn more about them at https://pupmn.org/.

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The puppies will attend a Pooches United with People adoption event from 6 to 8 p.m. Friday, Jan. 3 at Arbeiter Brewing, 3038 Minnehaha Ave., Minneapolis.

Follow updates about Lola in foster care on PUP’s Facebook page at facebook.com/PUP.MN).

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South Dakota Medicaid to reimburse doula services starting Jan 1

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South Dakota Medicaid to reimburse doula services starting Jan 1


South Dakota Medicaid will soon cover birth and postpartum doula services. Doulas can support families as part of a broader healthcare team during pregnancy and through the year following birth.

South Dakota Medicaid will directly reimburse doulas as Type 1 healthcare providers starting in the new year. Kelsie Thomas is board president for South Dakota Doulas, the nonprofit that worked with the state Department of Social Services to add this new coverage. She said doula services can include gathering personalized resources for families, patient advocacy and home-visits after birth.

“The doula role is special in this sense that it’s hired by families as an advocate, as a resource position, as a voice for you in the process,” Thomas said.

The most recent Medicaid Report from the state Department of Social Services notes around 40% of South Dakota children rely on Medicaid or the Children’s Health Insurance Program in their first year of life. Thomas hopes partnering with the state Medicaid program will make doula services more accessible, thereby improving postpartum outcomes.

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“We haven’t had that kind of financial support, and families have had to make room for that,” Thomas said. “Now being able to have that, add that insurance—which is trending nationwide. Insurance is covering birth and postpartum work just due to the impact we’re seeing and statistics for labor and birth and the proactive measures that it’s creating in lives.”

Various studies suggest doulas can help improve birth experiences for mothers and reduce the likelihood of postpartum depression, among other potential benefits.

Thomas said doulas are not a replacement for the clinical care provided by obstetricians or midwives, but instead serve as part of a pregnancy care team.

South Dakota Medicaid coverage of doula services begins January 1.

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Lincoln County commissioners push back decision on carbon pipeline rules • South Dakota Searchlight

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Lincoln County commissioners push back decision on carbon pipeline rules • South Dakota Searchlight


CANTON — Commissioners in South Dakota’s fastest-growing county punted on four carbon dioxide pipeline ordinances on Christmas Eve, opting to let their planning staff and two new commissioners start from scratch in the new year.

The Lincoln County Commission has wrestled with its approach to carbon pipelines for about two years. Several counties in South Dakota have passed ordinances restricting underground carbon pipelines so strictly that the company proposing a carbon capture pipeline through South Dakota, Summit Carbon Solutions, says it would be impossible to fully comply with all the local requirements and still build the project. The company has also applied for a state permit, which is under review.

Second filing fee for carbon pipeline project raises total potential fees to $1.47 million

The project is a $9 billion pipeline to carry pressurized carbon dioxide from ethanol plants in Iowa, South Dakota, North Dakota, Minnesota and Nebraska to an underground sequestration site in North Dakota. The company hopes to cash in on federal tax credits available for activities meant to mitigate the impact of climate change, in this case by keeping some of the heat-trapping gases produced in the ethanol production process from reaching the atmosphere.

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Lincoln County is not one of the counties with stricter rules for carbon pipelines than Summit would prefer, though the controversial project has animated discussions about the issue and likely impacted the results of the most recent county commission elections.

Two commissioners, Jim Jibben and Mike Poppens, lost their primary elections to anti-pipeline candidates, one of whom appeared in the commission chambers Tuesday to voice her concerns about the four ordinances up for possible passage.

“I’m opposed to all of them,” said incoming commissioner Betty Otten, who also accused the current commission of being too cozy with Summit to be trusted to make decisions on the matter.

Back to the drawing board

Lincoln County commissioners opted last year to study the options for regulation. An ad-hoc study committee offered suggestions to the planning commission, which held public hearings on the options following the November election.

A state law dubbed the “landowner bill of rights” by its sponsors was on the November general election ballot thanks to a petition drive by pipeline opponents who felt it didn’t do enough for landowners to deserve that branding. The referred law failed to earn support from voters, with nearly 60% saying no. 

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Pipeline opponents receive cease and desist letters from Summit

The four ordinances up for possible passage on Tuesday were the result of the planning work and public hearings, Planning Director Toby Brown told the commission. Commissioners were meant to pick one, as each would set a different set of guidelines and conflict with one another if passed together.

The first and second options would have put planners in charge of deciding if a carbon pipeline project would qualify as a permitted land use. The planning commission did not recommend commissioners pass those. 

The third would have required carbon pipeline companies to seek conditional use permits, which would open up a public hearing and the chance for opponents to challenge the county commission in court if its members voted to give Summit a permit.

The fourth would have barred pipelines in agricultural areas, but allowed them in areas zoned as industrial. With that option, the company could ask the commission to rezone the entire narrow strip of land under which the pipeline would run as industrial land. Voters would be able to refer the commission’s decision on the rezone to a public vote.

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Vote faces pushback

Every Lincoln County resident to offer public comment on the ordinances Tuesday asked the commission to send the ordinances back to the planning commission, but not before telling them they’d rather not talk about them until next year. 

“This is too important, it’s been too long, and I just think it’s prudent that we have the new commission in there,” said Scott Montgomery of Fairview, echoing the words of half a dozen others in the commission chambers.

Lincoln County’s failure to pass an ordinance is at least partially the result of actions one commissioner took before debate started. Poppens took a deal with Summit for access to his own property, and he’s recused himself from every debate and vote on pipeline regulations. 

On Tuesday, though, Poppens did cast a vote, and it was to keep the pipeline discussion on the agenda. 

North Dakota approves CO2 storage for Summit pipeline

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Commissioner Tiffani Landeen had asked for a vote to table the discussion until January, when Poppens and Jibben will be replaced by the candidates who ousted them in the June primary. Landeen said the timing of the discussion and the weight of the issue for citizens combined to convince her that debate should happen after the new commission is seated.

Poppens, in his last vote before leaving the body, said no.

“Residents of the county, my family personally, we are impacted. So I’m not going to discuss the ordinance, but I am against tabling it. It’s an important issue,” Poppens said.

Also opposed to tabling were Jibben and Joel Arends, who pushed his fellow commissioners to pass an ordinance, ideally one with a 500-foot setback required between the pipeline and homes, schools and businesses. Members of the public had taken time out of their holiday week to offer their opinions, he said, so they ought to be able to do that.

He also said that the county has already delayed making a decision, and that leaving it up to the next commission would be a dereliction of duty. 

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“We’re in some kind of circular doom loop here,” Arends said. “We just have to put our feet down and say ‘we’re elected to office, we’re accountable, this is what it’s going to be.’” 

But Commissioner Jim Schmidt said voting on the ordinances during a day many might be unable to attend the meeting wouldn’t sit well with him.

“Is it an encumbrance for you to come back? Maybe. I’m sorry for that, but I think there’s a lot more that we would hear from when it’s not Christmas Eve,” Schmidt said.

After deciding to take testimony and hearing every citizen who spoke say they disliked all four ordinances, commissioners took their final vote of 2024.

Landeen made the motion to send the ordinances back to the planning commission, on which she serves as the commission’s representative.

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No one in the room liked the ideas on offer, said Landeen, a Sioux Falls attorney and former Turner County state’s attorney, whose own take on the ordinances was that they were vague and unworkable. The last option might seem the most palatable to opponents, as it offers the chance to vote down the commission’s choice. But even there, she said, she doesn’t like the idea of having “this weird strip” of light industrial land running through the county for no reason but to make a pipeline possible.

“The language of these ordinances doesn’t do what anybody needs them to do,” Landeen said.

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