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Carbon pipeline company formally asks SD regulator to recuse herself • South Dakota Searchlight

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Carbon pipeline company formally asks SD regulator to recuse herself • South Dakota Searchlight


The company proposing a carbon dioxide pipeline has formally requested that a South Dakota regulator recuse herself from the project’s permit application, citing an alleged conflict of interest.

In a letter sent Thursday, Iowa-based Summit Carbon Solutions asked Public Utilities Commissioner Kristie Fiegen to disqualify herself. That would allow the governor to appoint another state official to fill in for Fiegen during the three-member commission’s consideration of the application.

Summit wants to construct a $9 billion, five-state pipeline to capture and transport some of the carbon dioxide emitted by 57 ethanol plants to an underground storage area in North Dakota. The project would capitalize on federal tax credits incentivizing the prevention of heat-trapping carbon emissions into the atmosphere.

Regulator stays on new carbon pipeline case after prior recusal, with no explanation this time

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This is Summit’s second application in South Dakota, after the Public Utilities Commission rejected the first application in 2023. Fiegen recused herself from those proceedings and was replaced by State Treasurer Josh Haeder. 

At the time, Fiegen wrote a recusal letter saying she had a conflict because the pipeline “would cross land owned by my sister-in-law (my husband’s sister) and her husband.” Fiegen also recused herself from an earlier, separate crude oil pipeline permit application for a similar reason.

Fiegen has not recused herself from the new application, but Summit said the same conflict exists.

“As with your previous decisions,” said the company’s new letter to Fiegen, “the facts and established South Dakota law support a decision that you should step aside.”

Neither Fiegen nor the Public Utilities Commission responded to South Dakota Searchlight messages about Summit’s letter. 

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Public Utilities Commission spokesperson Leah Mohr previously said “ex parte” rules bar Fiegen from discussing the matter. Those rules prohibit direct communication with commissioners about dockets they’re considering.

The Summit letter drew criticism from an attorney representing landowners opposed to the pipeline, Brian Jorde, of Domina Law Group in Omaha, who disputed the allegation that Fiegen has a conflict of interest.

“From my viewpoint she never had a conflict that rises to the level of recusal and certainly doesn’t now,” Jorde wrote. “The isolated fact that she is related by marriage to a trustee of a trust that owns land that signed an easement with Summit is not a direct conflict.”

The alleged conflict

The commission’s rejection of Summit’s first application was partly due to the route’s conflicts with several county ordinances. Those ordinances mandate minimum distances between pipelines and existing features. Summit’s new route includes some adjustments.

This map shows a portion of the proposed Summit Carbon Solutions pipeline route where it would cross McCook County land owned by the Jeffrey A. Ordal Living Trust, of which Jean Fiegen-Ordal and Jeffrey Ordal are trustees. The couple also formerly owned land in Minnehaha County, not shown here, that would be crossed by the pipeline. Jean Fiegen-Ordal is the sister-in-law of South Dakota Public Utilities Commissioner Kristie Fiegen. (Map by South Dakota Searchlight)
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The original pipeline route crossed three parcels in Minnehaha County owned by Fiegen’s sister-in-law and her husband, Jean Fiegen-Ordal and Jeffrey Ordal, and three parcels in McCook County owned by the Jeffrey A. Ordal Living Trust, which lists the couple as trustees. 

Summit said it paid a total of $175,000 for easements and future crop damages on that land, including $88,000 to the Ordals. Summit declined to tell Searchlight where the remainder of the money went, but public records show the Ordals sold their Minnehaha County land after signing the easement documents in 2022. 

The new pipeline route would cross the same parcels — the Minnehaha County land that the Ordals no longer own, and the McCook County land that’s still owned by the Ordals’ trust.

Summit: Litigation possible

Summit’s new letter said the logic that motivated Fiegen’s prior recusal remains unchanged. The company said her involvement risks violating South Dakota law, which the company said bars officials from participating in matters where conflicts of interest exist. 

The letter said Fiegen’s failure to recuse herself could lead to litigation, an appeal of the commission’s eventual permit decision, and delays in the permitting process. 

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“Because your family has a direct interest in the approval or denial of the permit, and because you previously recused yourself in two dockets based on the same facts, a court almost certainly would find it inappropriate for you to participate in this docket,” the letter says. 

The Public Utilities Commission will host a series of public input meetings Jan. 15-17 in eastern South Dakota cities near the pipeline route. The project has a storage permit in North Dakota and route permits in North Dakota, Iowa and Minnesota, while Nebraska has no state permitting process for carbon pipelines. The project also faces litigation from opponents in multiple states. 

GET THE MORNING HEADLINES.

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South Dakota

America’s Biggest Petrified Park Has Otherworldly Vibes Next To South Dakota’s Cowboy Capital – Islands

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America’s Biggest Petrified Park Has Otherworldly Vibes Next To South Dakota’s Cowboy Capital – Islands






On the prowl for the most unique roadside stops across America? Then buckle up and cruise on over to Lemmon — aka, the “cowboy capital” of South Dakota. There, right off U.S. Highway 12, you’ll find an otherworldly roadside oddity known as the Lemmon Petrified Wood Park & Museum. The peculiar park is the largest of its kind, taking up an entire block in the heart of the town’s downtown area. “It’s touted as the ‘Biggest Petrified Wood Park’ in the world which makes me wonder how many there are,” one past visitor wrote in a Tripadvisor review. “My guess is the Lemmon one is the only one and that it’s an inside joke. Go see it.”

This outdoor gem was the brainchild of a local amateur geologist named Ole Sever Quammen, Roadside America reports. As the park’s name suggests, it was created using thousands of tons of petrified wood, which is the fossilized remains of trees, as well as bits of boulders and dinosaur bones. “The petrified wood that was used in this park is just stunning,” another park-goer shared on Tripadvisor. “It all came from the fields surrounding the town and they put their creative genes to work. Plus, they have a display of rocks that have [dinosaur] claw marks in them. A very interesting park and worth a bit of your time to walk around.” 

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Opened in the early 1930s, the park was eventually donated to the town in the 1950s, where it still stands for all to enjoy today. You can freely stroll the grounds throughout the year. However, the on-site museum and gift shop are only open in the summer from Memorial Day to Labor Day during the hours of 9 a.m. to 5 p.m.

See fossilized wood sculptures and more on display

Teeming with whimsy and wonder, this nook of the artsy, off-the-beaten-path town of Lemmon is definitely worth a visit if you’re in the area. Meander among the 100 or so unique petrified wood sculptures and other attractions scattered across the park. There’s certainly plenty to see, from a stunning waterfall fountain and wishing well to an imposing castle-like structure bedecked with dinosaur bones and lofty spires — some of which tower 20 feet above the ground. 

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If you visit in season, be sure to check out the indoor exhibits, too. The Petrified Wood Park & Museum doesn’t charge an admission fee, at the time of writing, making it one of the best free museums in America for a family day trip. “This is a great place to learn about the history of the area,” reads a Tripadvisor review. “The docents in the museum and gift shop are gems! There is a playground and public restrooms on the adjacent block, making this a nice place to stop for a break on a long drive.” 

As if this place could get any cooler, you can even donate various artifacts and other historic relics to the park’s collection, though there’s no guarantee that your item will be put on display. If you want to take a gander at more dinosaur fossils, be sure to stop by the Grand River Museum before leaving town. It’s less than half a mile away and boasts an array of exhibits about the early ranching days, the history of Native peoples, and much more.



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November Commemorations Remind South Dakota of an Unsettling Truth: Toxic Exposure Still Impacts Veterans and Military Families

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November Commemorations Remind South Dakota of an Unsettling Truth: Toxic Exposure Still Impacts Veterans and Military Families





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South Dakota

South Dakota State will host New Hampshire for First Round matchup

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South Dakota State will host New Hampshire for First Round matchup


SIOUX FALLS, S.D. (Dakota News Now) – For the 14th consecutive season, SDSU is in the playoffs.

With a record of 8-4 they will host 8-4 New Hampshire.

A little over four weeks ago South Dakota State was undefeated.

On Saturday they snapped a 4 game losing streak.

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The Jacks are happy to keep playing football.

Graham Goering, SDSU wide receiver said, “We’re just blessed for any opportunity we are given. I think having some losses, there’s really never a doubt there actually and I think just seeing our name on screen ignites a little fire for everyone on the team. So obviously just blessed and excited for new season.”

Head coach Dan Jackson said, “This team has been close and galvanized for a long time, but what I do think it does it breathes a little bit of new life in them and last four weeks have been pretty heavy for them because they have been giving us all they have while at the same time not getting results they wanted. For them to be able to take a deep breath and remember who they are, and remember we can win and win in big moments, I think we have a really confident team that feels amazing right now not only after that play but how they competed the entire game.”

SDSU hosts New Hampshire at noon at Dana J. Dykhouse Stadium.

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