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Landowners appeal Summit carbon storage decision • South Dakota Searchlight

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Landowners appeal Summit carbon storage decision • South Dakota Searchlight


A group of North Dakota landowners is appealing the state’s approval of an underground carbon storage area for Summit Carbon Solutions, the company attempting to build the world’s largest carbon capture and storage project.

The group represented by Bismarck attorney Derrick Braaten on Thursday filed the appeal in Burleigh County District Court, asserting that the North Dakota Industrial Commission withheld information and violated state law in approving the storage permit plan on Dec. 12.

The permanent underground carbon storage sites in western North Dakota are a key piece of Summit’s planned five-state pipeline network (including South Dakota) capturing greenhouse gas emissions from ethanol plants. Approving the storage wells was one of the last decisions of Gov. Doug Burgum as chair of the Industrial Commission, which also included Attorney General Drew Wrigley and Agriculture Commissioner Doug Goehring.

State schedules public input meetings on Summit carbon pipeline application

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The unanimous vote by the commission means that landowners who had not signed an agreement with Summit will be forced to allow the carbon storage on their property.

The landowners assert that the Industrial Commission, which includes the state Department of Mineral Resources, illegally refused to disclose information to landowners under North Dakota open records laws. Braaten and his clients were seeking computer-generated models that predict where the carbon dioxide will go when it is pumped underground for permanent storage.

The appeal says former Department of Mineral Resources Director Lynn Helms refused to provide the models before, during and after public hearings on the case in June, shortly before Helms retired.

The order passed by the Industrial Commission said that if any open records requests were not fulfilled, it is because the Braaten Law Firm did not inform the agency that it had not received the records.

“That’s a lie,” Braaten told the North Dakota Monitor.

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The appeal said Braaten’s firm was able to obtain the records in November. Braaten contends the computer models aren’t accurate but landowners were not given a chance to dispute that. He said multiple requests for a rehearing were ignored.

Another issue raised in the appeal are the state’s rules on underground storage. Under a process called amalgamation, if 60% of the landowners in a proposed storage area agree to the plan, the state can force the other 40% to comply.

Summit has obtained more than 92% of the pore space lease agreements across all three areas, according to the order approved in December.

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After the commission’s Dec. 12 decision, Summit Executive Vice President Wade Boeshans said the permits resulted from “years of rigorous scientific study, engineering design, and input from regulators, landowners, and local leaders.”

Braaten also is representing the Northwest Landowners Association that has a separate lawsuit before the North Dakota Supreme Court on the amalgamation issue that he contends is unconstitutional.

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He said a ruling on either that lawsuit or the storage decision appeal should clarify the constitutionality of the rules.

Braaten’s law firm also is representing Emmons County in a separate legal challenge to the state Public Service Commission’s approval of the pipeline route through North Dakota. Emmons County and Burleigh County are challenging the PSC’s interpretation of state law that concluded state zoning rules preempt local ordinances on where pipelines are allowed.

Another group of landowners also is appealing the PSC permit decision.

Braaten said those appeals may be combined into one case.

This story was originally published by the North Dakota Monitor. Like South Dakota Searchlight, it’s 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].
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South Dakota

Former South Dakota DSS employee indicted for allegedly stealing voucher to buy groceries

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Former South Dakota DSS employee indicted for allegedly stealing voucher to buy groceries


A former South Dakota Department of Social Services employee was indicted on one count of social services fraud Thursday, according to a press release from the South Dakota Attorney General’s Office.

Amalia Escalante Barrientos, 28, allegedly used a stolen DSS voucher to purchase groceries for personal use, according to the press release. The incident occurred at a Brookings business Oct. 11.

The Brookings woman has not yet appeared for an initial hearing, according to Minnehaha County court documents.

According to Open SD, Barrientos’ wage is listed at $26.58 hourly.

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If convicted, Barrientos could serve up to one year in the county jail, a $2,000 fine, or both, according to the press release.



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South Dakota Lottery Powerball, Lucky For Life results for Jan. 8, 2025

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South Dakota Lottery Powerball, Lucky For Life results for Jan. 8, 2025


The South Dakota Lottery offers multiple draw games for those aiming to win big. Here’s a look at Jan. 8, 2025, results for each game:

Winning Powerball numbers from Jan. 8 drawing

01-20-36-38-43, Powerball: 24, Power Play: 2

Check Powerball payouts and previous drawings here.

Winning Lucky For Life numbers from Jan. 8 drawing

13-14-24-37-38, Lucky Ball: 13

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Check Lucky For Life payouts and previous drawings here.

Winning Lotto America numbers from Jan. 8 drawing

04-15-33-39-41, Star Ball: 07, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Dakota Cash numbers from Jan. 8 drawing

05-15-25-26-33

Check Dakota Cash payouts and previous drawings here.

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Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your prize

  • Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
  • Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
  • Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.

When are the South Dakota Lottery drawings held?

  • Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
  • Mega Millions: 10 p.m. CT on Tuesday and Friday.
  • Lucky for Life: 9:38 p.m. CT daily.
  • Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
  • Dakota Cash: 9 p.m. CT on Wednesday and Saturday.

This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.



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Noem’s former opponent heading back to Pierre as she prepares to leave • South Dakota Searchlight

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Noem’s former opponent heading back to Pierre as she prepares to leave • South Dakota Searchlight


SIOUX FALLS — Three years ago, Kristi Noem kept her job in Pierre, and Jamie Smith left. Now the situation is reversed.

Kind of like Smith predicted.

“Everyone knew she had national ambitions,” he said Wednesday. 

Smith, a Democrat, gave up his legislative seat in 2022 and ran against Noem, a Republican, who wound up winning a second term as governor. 

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Now Noem is preparing to leave South Dakota for Washington, D.C., where she is nominated to serve as secretary of Homeland Security under President-elect Donald Trump. Her nomination hearing is scheduled for next Wednesday.

Smith, meanwhile, won a state Senate seat in a Sioux Falls district during November’s election. He’ll go back to Pierre on Tuesday for the start of the annual legislative session, where he’ll serve as Senate assistant minority leader.

Addressing members of Change Agents at a Sioux Falls library, Smith acknowledged the challenges he and the other Democrats face in the Legislature. They’re outnumbered 96-9 by Republicans.

“We are very limited in what we can do this year, with the number of Democrats that we have in the Legislature,” Smith said. “We are essentially left playing defense.” 

Democrats lose ground in Legislature, but pick up seat in longtime Republican district

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Members of Change Agents, formed in 2021, say they support pragmatic candidates and oppose extremist rhetoric and policies. Founders include former Sioux Falls Mayor Rick Knobe, financial planner Mike Huber and entrepreneur Craig Brown.

After the meeting, Smith told South Dakota Searchlight why he came back to politics.

“Because I truly believe that I have the skills to try and help people,” he said. “I do believe that one person can make a difference for the people of South Dakota.”

Smith said finding ways to build relationships across the aisle will be crucial for Democrats this session, like the one he said he built with incoming Senate President Pro Tempore Chris Karr, R-Sioux Falls, based partly on a simple starting point.

“We share a birthday,” Smith said.

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Outlining his priorities, Smith said he plans to introduce a bill that would end incarceration for drug ingestion in South Dakota. South Dakota’s ingestion law is the only one in the nation that allows prosecutors to charge people with felony drug possession for a failed drug test.

Instead, he advocates for expanding treatment programs and diversion efforts, calling incarceration for ingestion punitive and ineffective.

Smith also addressed his desire to amend the state’s abortion ban, his opposition to Noem’s $4 million proposal to fund private and homeschool education, and his resistance to raising sales taxes as a means of lowering property taxes.

South Dakota’s near-total abortion ban allows an exception only to save the life of the mother and lacks clear definitions, said Smith, who called the ban “cruel and unusual.”

“We need to stop it,” he said.

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Smith said women’s health care is a top priority for Democrats, but they don’t currently have a bill to increase access to abortion. He said some members want to introduce bills to expand exceptions beyond the life of the mother, while others are arguing for a broader abortion access ballot measure. Voters rejected an abortion-rights measure in November.

Smith also criticized a proposal from some Republicans to reduce property taxes by increasing sales taxes, calling it a potentially unfair shift that could disproportionately impact low-income people.

Smith attacked Noem’s $4 million plan for education savings accounts, calling it a voucher program that would divert public dollars to private schools and homeschoolers. Smith said the program would lack accountability, because alternative schools and homeschoolers are not required to follow the same transparency, testing and other standards as public schools.

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