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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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Tornado watch in effect as severe storms target South Dakota

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Tornado watch in effect as severe storms target South Dakota


A tornado watch has been issued for much of central and eastern South Dakota as forecasters warn conditions are favorable for tornadoes, large hail and damaging winds Wednesday evening.

The National Weather Service’s Storm Prediction Center issued the watch at 4:05 p.m. CDT, and it will remain in effect until 11 p.m. It includes dozens of counties across central and eastern South Dakota, as well as parts of southeastern North Dakota and western Minnesota.

Forecasters expect thunderstorms to develop along and ahead of a cold front moving southeast across the Dakotas. The strongest storms could become supercells capable of producing all severe weather hazards.

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The severe weather threat is expected to continue Thursday, when another round of strong to severe thunderstorms could develop across parts of South Dakota. Large hail, damaging winds and tornadoes will again be possible.

What are expected impacts of South Dakota storms?

Storms that remain isolated could produce tornadoes and very large hail before merging into a line of thunderstorms later in the evening, according to the Storm Prediction Center. Once storms organize into a line, damaging winds are expected to become the main threat, although brief tornadoes and hail will remain possible.

The National Weather Service office in Sioux Falls said portions of southeastern South Dakota face a Level 2 out of 5 risk for severe weather Wednesday evening. Atmospheric conditions include high instability, increasing wind shear and abundant moisture, creating an environment supportive of severe thunderstorms.

In addition to severe weather, some areas could receive heavy rainfall. Most locations are expected to receive between a quarter-inch and three-quarters of an inch of rain, although isolated areas could see more than an inch. Widespread flooding is not expected, but localized flooding could occur in areas that recently received heavy rainfall.

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Where will storms hit in South Dakota?

Storms are expected to develop in central South Dakota between late afternoon and early evening before moving east through the night. Forecasters expect the strongest storms to reach the Interstate 29 corridor between about 10 p.m. and midnight.

Radar: Severe weather in South Dakota

South Dakota weather watches and warnings

Stay informed. Get weather alerts via text

Brandi D. Addison covers weather across the United States as the Weather Connect Reporter for the USA TODAY Network. She can be reached at baddison@gannett.com.



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South Dakota primary results leave Legislature seats in limbo

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South Dakota primary results leave Legislature seats in limbo


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  • Ten Republicans who lost their seats in the Legislature in 2024 are trying to win them back this year.
  • Incumbents and lawmakers who gave up House seats to run for Senate fell to challengers in several places.
  • Votes are still being tallied across the state.

The makeup of the Legislature was up in the air as of 1 a.m. after South Dakota’s primary election. 

Ten Republican state lawmakers ousted in 2024 are angling to get their seats back in 2026. Results were mixed for the nine who had primaries on Tuesday, with results still coming in for several races and others set for possible recounts.

Shawn Bordeaux of Rosebud won the state’s only Democratic primary, beating Troy “Luke” Lunderman for a chance to return to the state Senate.

Bordeaux will face Chamberlain Republican Rebecca Reimer in November’s general election. Reimer, who was term-limited in the state House of Representatives, beat Lower Brule Sen. Tamara Grove in Tuesday’s primary.

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In Watertown’s District 5, Rep. Josephine Garcia fell in a state Senate primary to incumbent Sen. Glen Vilhauer. Garcia beat Byron Callies in the 2024 primary to earn her seat in the House of Representatives, but opted to challenge Vilhauer for his Senate seat instead of seeking reelection to the House. 

Callies, Vilhauer and Garcia are all from Watertown.

Vilhauer won with 59% of the vote. His was one of the first state legislative victories of the night reported on the Secretary of State’s website.

Vilhauer won handily, but he said he wasn’t necessarily expecting to as polls opened on Tuesday.

“I knew it was going to be a battle going in,” Vilhauer said. “She worked hard on her side, and I didn’t know what to expect.”

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Callies was among the first to call Vilhauer to congratulate him, around 9:30 p.m.

“I’m happy, because Glen’s a solid legislator,” said Callies, who’s angling to win his seat back in the general election.

Garcia did not return a call seeking comment.

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In District 21, Sen. Mykala Voita of Bonesteel beat former Sen. Erin Tobin of Winner in a rematch of their 2024 contest, which Voita won by a few dozen votes that year. This time around, Voita bested Tobin by 1,002 votes. 

In response to a request for comment, Voita sent a text reading “Glory to God!”

Tobin did not return a call from South Dakota Searchlight about her race after it was called, but said earlier in the evening she would be “at peace” with the results regardless of what they might be.

Another rematch saw Yanktonites Lauren Nelson and Jean Hunhoff battling for District 18’s state Senate seat. Nelson was a newcomer in 2024 when she beat Hunhoff, who’d spent decades in the Capitol between stints in the House and Senate. On Tuesday, Nelson held off Hunhoff, winning by 243 votes.

Other notable races

  • District 4 Rep. Dylan Jordan of Clear Lake, first elected in 2024, finished fourth in a five-way race. As of 1 a.m. Wednesday, he trailed Ryan Kohl of Milbank and former Rep. Fred Deutsch of Florence, in first and second place, respectively. A recount is possible in that race, with 59 votes separating the top two vote-getters while Rep. Kent Roe, of Hayti, came in third place, with 72 fewer votes than Deutsch.
  • District 4 has two possible recounts. In the other, Bryant’s Stephanie Sauder beat Clear Lake’s Tim Begalka by 105 votes in the unofficial tally from the Secretary of State.
  • District 1 Rep. Logan Manhart of Aberdeen, elected in the 2024 primary, fell to Rep. Nick Fosness, a hospital administrator appointed by Gov. Larry Rhoden in 2025, and newcomer Daniel Kjos.
  • Another recount was possible as of Wednesday at 1 a.m., in the District 16 race for House of Representatives. Rep. John Shubeck of Beresford trailed Lisa Bogue of Beresford by 245 votes in unofficial results. Jason VanDenTop of Canton was in third place, trailing Shubeck by 68 votes.

Vote totals incomplete

  • Sen. John Carley of Piedmont, who won his first term in 2024, trailed William Meirose of Sturgis by 166 votes as of 1 a.m. Wednesday.
  • Former Rep. Tyler Tordsen led Rep. Tony Kayser by two votes in the District 14 primary, with results still coming in. The Sioux Falls men are vying for second place and a spot on the November general election ballot alongside Rep. Taylor Rehfeldt of Sioux Falls, who led by more than 600 votes early Wednesday.
  • District 28 Sen. Sam Marty of Prairie City was in a close race with former legislator Ryan Maher of Isabel.
  • Former Rep. Gary Cammack of Union Center, who lost his seat in 2024, and Gary Deering of Hereford, led Reps. Terri Jorgenson of Piedmont and Kathy Rice of Blackhawk in the District 29 race.
  • In District 30, Hot Springs Sen. Amber Hulse led former Sen. Julie Frye-Mueller of Rapid City by more than 1,300 votes.
  • Former Sen. David Johnson of Rapid City led Sen. Curt Voight of Rapid City in a rematch of their 2024 race for District 33 Senate in early results.
  • Rep. Heather Baxter of Rapid City has signaled her intention to challenge sitting Secretary of State Monae Johnson for the Republican nomination to that constitutional office at the state’s Republican Party convention this summer. In early results, Baxter trailed former Rapid City Rep. Becky Drury and Rep. Mike Derby in the District 34 primary.
  • Early results in the District 35 primary put Sen. Greg Blanc, elected in 2024, in a close race with fellow Rapid City resident Nicole Mitzel.

South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.



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Republican businessman Toby Doeden advances to primary runoff in South Dakota governor’s race

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Republican businessman Toby Doeden advances to primary runoff in South Dakota governor’s race


Republican businessman Toby Doeden has advanced to a runoff in South Dakota governor’s race, NBC News projects.

Gov. Larry Rhoden, who replaced Kristi Noem last year when President Donald Trump nominated her to lead the Department of Homeland Security, was battling with Rep. Dusty Johnson and former state House Speaker Jon Hansen for a second spot in the July 28 runoff. The primary will go to a runoff because no candidate eclipsed 35% of the vote.

Trump did not issue an endorsement in the race. Doeden branded himself on his campaign website as “a total political outsider who’s tired of the government’s failure to deliver on its promises” and one of Trump’s “fiercest supporters.”

Rhoden, a former lieutenant governor, agriculture secretary and lawmaker, campaigned on property tax cuts and lowering crime in his bid for a four-year term.

Syndication: Argus Leader
Candidate signs outside a polling location in Sioux Falls, S.D., on Tuesday.Samantha Laurey / Argus Leader

Johnson is the state’s lone representative in the House, where he previously was chair of the Republican Main Street Caucus. Hansen, who was elected to the South Dakota House in 2010, held several leadership positions before he became speaker.

The Republican nominee will be the favorite to win the general election in the solidly red state this fall. A Democrat has not served as governor in South Dakota since the 1970s, and Trump carried the state by 29 points in 2024.



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