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South Dakota joins pushback against new EPA coal rules • South Dakota Searchlight

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South Dakota joins pushback against new EPA coal rules • South Dakota Searchlight


South Dakota has joined a group of states, led by North Dakota and West Virginia, in asking a federal court to review new pollution standards impacting the coal industry.

Attorneys general from 23 states signed the petition asking for a review of the regulations that took effect Tuesday. The final proposed rules became public on April 25.

“This rule intentionally sets impossible standards to destroy the coal industry,” North Dakota Attorney General Drew Wrigley said in a news release. 

Wrigley said the Biden administration has ignored limits on its authority set by Congress.

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“Federal agencies cannot decide on a whim to destroy entire industries,” Wrigley said.

North Dakota prepares to fight EPA rule one official calls a ‘death penalty for coal’

The petition was filed Wednesday in the U.S. District Court of Appeals in Washington, D.C., asking the court to review the Environmental Protection Agency rule.

Other states that signed the petition were Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and Wyoming.

In its announcement of the rules on April 25, EPA Administrator Michael Regan said “EPA is cutting pollution while ensuring that power companies can make smart investments and continue to deliver reliable electricity for all Americans.”

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In particular, North Dakota officials have taken issue with new, stricter mercury emissions standards.

Dave Glatt, director of the North Dakota Department of Environmental Quality, said the mercury standard provides no measurable health benefits and are a “death sentence for coal.”

Jason Bohrer, president and CEO of the Lignite Energy Council, released a statement after the final rule was announced in April.

“Electricity demand is surging, and the EPA’s agenda will severely impact our ability to rely on electricity 24/7,” Bohrer said. “These regulations mandate either fuel switching or the implementation of unproven technology, jeopardizing the stability of the national power supply, and putting over 12,000 jobs in the lignite industry at risk.”

The Lignite Energy Council says the North Dakota coal industry contributes $5.75 billion to the state economy and more than $100 million in state and local taxes.

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In addition to mercury reductions, the new rules also lower the levels of pollutants that coal-fired power plants can discharge through wastewater, sets standards for handling coal ash and sets limits on carbon emissions. North Dakota Gov. Doug Burgum and other state officials have repeatedly complained about onerous regulations from the Biden administration, with Burgum even making a plea to a legislative committee to provide adequate funding for the state’s legal battles with the federal government.

A version of 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]. Follow North Dakota Monitor on Facebook and Twitter.

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South Dakota

VIEWPOINT | South Dakotans deserve the full story

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VIEWPOINT | South Dakotans deserve the full story


Families in South Dakota work hard. We sacrifice a lot and ask very little from the people who govern us. We expect honesty, careful budgeting, and leadership that puts our interests above politics.

In his recent budget address, our governor painted an incomplete picture. He celebrated good results but did not explain what and who made those results possible. South Dakotans deserve more than selective storytelling. We deserve the truth.



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28 SD school districts to receive literacy grant

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28 SD school districts to receive literacy grant


SIOUX FALLS, S.D. (KELO) — Nearly 30 school districts in the state of South Dakota will receive the Elevating Literacy Across South Dakota (ELA-SD) grant from the South Dakota Department of Education. The purpose of the ELA-SD grants is to help create a comprehensive program to advance literary and pre-literary skills, reading and writing for […]



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Rep. Dusty Johnson backs Senator Rounds push for investigation into mail service in South Dakota

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Rep. Dusty Johnson backs Senator Rounds push for investigation into mail service in South Dakota


RAPID CITY, S.D. (KOTA) -Congressman Dusty Johnson is backing Senator Mike Round’s push for an investigation in postal service delays in South Dakota.

Johnson took to social media saying Senator Mike Rounds was right to ask for an investigation into postal service delays in South Dakota. Rounds had previously sent a letter to the postal service’s inspector general asking for her to find the cause of mail delays in South Dakota. Rounds said in his letter he has heard from hundreds of constituents across South Dakota. Johnson opened up with KOTA Territory News about his support for the investigation.

“I think the postal service is a terrible disaster,” said Johnson.

Johnson noted that in the past the service did what he said was a pretty good job. Johnson says despite sending letters and making phone calls with the postal service, he has not gotten any answers.

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“I have asked if I can come down to one of their facilities, get a tour so I can better understand what’s going on behind the walls. They have refused to even let me, a member of congress, come learn about how they conduct their business. And so, this appears to be an enterprise that A, is not improving, B, isn’t communicating why there, why there failing and C doesn’t even appear to be particularly interested in getting better,” explained Johnson.

Rounds has pointed to the problem as being that mail traveling across or into South Dakota taking indirect routes. Rounds previously took a meeting with the postmaster general however the senator appears not satisfied with the outcome.

Rounds wrote in part in his letter, “I expressed my concerns about this to the Postmaster General (PMG) Steiner who downplayed such issue existed in South Dakota.”

In a letter sent to Rounds in October, Postmaster General David Steiner said that fixing issues at central region plants in Chicago, St Louis and Kansas City will likely improve outcomes and that at the time it was something the USPS was actively working on. The postmaster general acknowledged poor performance for first class mail at the beginning of the year and mid-summer but noted that it has since improved. During the week ending September 19th for South Dakota’s postal district, about %93 percent of first-class mail was delivered on time and roughly %97 percent was delivered within one day of its expected arrival. The postmaster general said he wanted to focus on the %3 percent that’s not getting to its destination on time.

“It may be only a small percentage of the mail, but because we deliver hundreds of millions of pieces each day nationally, the raw number is large,” wrote Steiner.

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Steiner emphasized that some mail in South Dakota has always left the state for processing before going to another part of the state. The postmaster general explained that some mail requires certain sorting equipment and therefor some mail travels to plants with the right equipment.

The postmaster general also maintained in his letter that mail going to and from the same area in South Dakota is not leaving the state.

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