South Dakota

Landowners appeal Summit carbon storage decision • South Dakota Searchlight

Published

1 year ago

January 10, 2025

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

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.

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.

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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11 hours ago

February 27, 2026

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SD Lottery Millionaire for Life winning numbers for Feb. 26, 2026

Published

23 hours ago

February 27, 2026

Press Room

The South Dakota Lottery offers multiple draw games for those aiming to win big.

Here’s a look at Feb. 26, 2026, results for each game:

Winning Millionaire for Life numbers from Feb. 26 drawing

03-14-22-50-57, Bonus: 04

Check Millionaire for Life payouts and previous drawings here.

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.
Millionaire for Life: 10:15 p.m. CT daily.

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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South Dakota

SNAP soda ban headed to desk of South Dakota governor, who’s concerned about costs

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1 day ago

February 26, 2026

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SNAP soda ban headed to desk of South Dakota governor, who’s concerned about costs

State Sen. Sydney Davis, R-Burbank, speaks in the South Dakota Senate at the Capitol in Pierre on Feb. 10, 2026. Davis is sponsoring a bill that would ban the use of SNAP benefits for soda purchases. (Photo by Makenzie Huber/South Dakota Searchlight)

By: John Hult

PIERRE, S.D. (South Dakota Searchlight) – The question of whether South Dakota moves to ban the use of government food assistance for sugary drinks is in the hands of Republican Gov. Larry Rhoden, who has signaled his opposition to the bill all through the 2026 legislative session.

The state Senate voted 27-6 on Wednesday to endorse House Bill 1056, after the House passed it earlier 58-11. Assuming the same levels of support, both margins are wide enough to overcome a Rhoden veto, should he choose to issue one.

The bill directs the Department of Social Services to ask for a federal waiver to allow the state to bar the use of Supplemental Nutrition Assistance Program benefits for the purchase of soft drinks.

SNAP is a federal program, managed by the state, through which people with low incomes get a monthly allowance for food through a debit-like card that can be used at most stores to buy nearly any consumable grocery item save alcohol and prepared foods.

Representatives from Rhoden’s office testified against the bill in House and Senate committees, arguing that the administrative costs would be too high. A fiscal note attached to the bill between its passage in the House and its appearance on the Senate’s Wednesday calendar estimated that implementation would cost $310,000 through the first two years. Those costs would come from hiring an extra employee and contracting for software to track sales, file reports and help retailers determine which drinks are banned.

Backers see long-term savings to the state, though. A high percentage of SNAP recipients are also on Medicaid, a taxpayer-funded health insurance program open to disabled and income-eligible people.

On Wednesday, Burbank Republican Sen. Sydney Davis noted the connection between excess soda consumption and health problems like obesity, diabetes and tooth decay. Medicaid dental costs alone add up $51 million a year, she said.

Mitchell Republican Sen. Paul Miskimins, a retired dentist, told the body he once counted 32 cavities and seven abscesses in the mouths of 2-year-old twin boys who were covered by Medicaid.

He attributed the tooth decay to sugary beverages.

“I don’t know if that first visit was more traumatic on the boys or on my dental staff and myself,” said Miskimins.

Tamara Grove, R-Lower Brule, was the lone senator to speak in opposition on the Senate floor. She argued that some stores might stop accepting SNAP payments due to the administrative burden of sorting barred products from the rest of their inventories, and pointed out that the bill wouldn’t do a thing to prevent SNAP recipients from loading up on sugary foods like ice cream or snack cakes.

“It gives this look as if there’s going to be this big, huge change in the way that people buy products, but it’s really not going to be,” Grove said.

Some surrounding states, including Nebraska, have moved to ask for a waiver to ban soda sales through SNAP. Such waivers are now an option, as President Donald Trump’s administration is willing to consider granting them. Former President Joe Biden’s administration was not.

Rep. Taylor Rehfeldt, the South Dakota bill’s prime sponsor, got a letter last week from Trump administration officials expressing support for her proposal.

In response, Rhoden spokeswoman Josie Harms told South Dakota Searchlight that the governor “has always been supportive of the Trump Administration’s efforts to Make America Healthy Again,” using a reference to the policy agenda branding used by U.S. Health and Human Services Secretary Robert F. Kennedy Jr.

“We have met directly with his Administration on this issue, and at no point has our opposition been directed at President Trump or his efforts to reform SNAP,” Harms said. “Our focus has always been on ensuring the implementation of SNAP reform works effectively for our state.”

Harms said Wednesday that Rhoden would answer questions about the bill at a Thursday press conference.

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