South Dakota
Summit pipeline hits potential roadblock in South Dakota
A unanimous decision by the South Dakota Supreme Court this week cast doubt on whether a carbon dioxide pipeline company is eligible to use eminent domain to build a pipeline in that state.
The ruling focused on Summit Carbon Solutions’ ability to survey land against the wishes of landowners, but the justices said Summit’s multistate project might not qualify as a “common carrier,” a requirement for eminent domain.
Summit intends to build a 2,500-mile pipeline network in five states, including Iowa, to transport captured carbon dioxide from ethanol producers to North Dakota to be pumped deep underground. The project would make the company and the ethanol plants eligible for generous federal tax credits that reward carbon sequestration and the production of low-carbon fuels.
The use of eminent domain — a government mechanism that allows the company to force unwilling landowners to host its pipeline — is a primary source of opposition to the project.
Summit requested eminent domain for about a quarter of its initial 690-mile route in Iowa, where state regulators have approved its use.
The South Dakota justices also questioned whether Summit would be transporting a commodity. Other pipelines transport gas and oil, for example, which are sold to fuel appliances and vehicles.
The South Dakota court, in its consideration of an early, lower court ruling, said Summit has not yet provided enough evidence that it is “holding itself out to the general public as transporting a commodity for hire.”
“It is thus premature to conclude that (Summit) is a common carrier, especially where the record before us suggests that CO2 is being shipped and sequestered underground with no apparent productive use,” the Supreme Court ruling stated.
The justices reversed the decisions of two circuit courts and directed them to resume the litigation over whether Summit is a common carrier that can conduct pre-condemnation land surveys.
State rules differ
Summit has long maintained that the carbon dioxide it transports will go underground as a means to deplete the amount of the greenhouse gas in the atmosphere.
Some of those who oppose the project have suspected the carbon dioxide would eventually be used to extract more oil from depleted reservoirs, which Summit has rebuffed.
But that type of use might make it qualify as a commodity. The gas also can be used for other commercial purposes, such as the production of dry ice or methanol fuel.
“We are evaluating the South Dakota Supreme Court’s decision and look forward to providing the information requested to the district court that reaffirms our role as a common carrier, and that CO2 is a commodity,” said Sabrina Zenor, a Summit spokesperson.
Summit was successful in arguing it is a common carrier in Iowa, which has different standards for the classification.
When the Iowa Utilities Commission approved the project in June, it said, in part: “All that is required for a pipeline to be vested with the right of eminent domain is that the pipeline company reserve 10 percent of its capacity for walk-up shippers.”
Minnesota does not allow eminent domain for carbon dioxide pipelines.
South Dakota is a crucial state for the Summit project. It has the second-most ethanol producers of the five states — 15 of them — and is a conduit between Iowa and North Dakota. Iowa has 30 ethanol producers that have agreements to be part of the project.
Summit has said its project isn’t feasible without approval in South Dakota.
South Dakota utility regulators denied Summit’s first request for a pipeline permit about a year ago because its route violated county zoning ordinances. The company has said it will reapply with a different route but has not disclosed when.
Opponents of the project cheered the South Dakota decision. The Sierra Club of Iowa, a leading organizer of that opposition, noted: “Without eminent domain powers, Summit’s path forward is insurmountable.”
Comments: (319) 368-8541; jared.strong@thegazette.com
The South Dakota Lottery offers multiple draw games for those aiming to win big.
Here’s a look at March 4, 2026, results for each game:
Winning Powerball numbers from March 4 drawing
07-14-42-47-56, Powerball: 06, Power Play: 4
Check Powerball payouts and previous drawings here.
Winning Lotto America numbers from March 4 drawing
33-38-39-47-51, Star Ball: 07, ASB: 02
Check Lotto America payouts and previous drawings here.
Winning Dakota Cash numbers from March 4 drawing
02-18-22-30-32
Check Dakota Cash payouts and previous drawings here.
Winning Millionaire for Life numbers from March 4 drawing
12-13-36-39-58, Bonus: 03
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.
PIERRE — A bill from South Dakota Attorney General Marty Jackley to criminalize the creation or sharing of deepfakes was amended this week to more clearly define what constitutes nudity before it reaches Gov. Larry Rhoden’s desk.
The amendment, added on the floor of the House of Representatives, came in response to concerns about unintended consequences.
Senate Bill 41 creates a class of felony crime for the creation or distribution of images digitally altered to depict a person in a state of nudity or involved in a sexually explicit act, commonly referred to as deepfakes.
In testimony in the House Judiciary Committee on Monday in Pierre, Jackley pointed to the case of Mark Rathbun, a former Division of Motor Vehicles employee who is accused of taking images of women and girls from state databases and creating sexual images.“This is real, and it’s something that we unfortunately are seeing happen in our state,” Jackley said.
The judiciary committee voted 8-3 to send the bill to the House floor but not before a discussion on its potential to criminalize political memes.
The bill’s definition of nudity originally encompassed a partial state of nudity. Fort Pierre Republican Rep. Will Mortenson asked Jackley if that would include a fabricated topless photo. Jackley said yes. Then Mortenson asked if a fabricated image of Democratic Illinois Gov. J.B. Pritzker without a shirt, if shared by President Donald Trump on social media, would put the president in line for felony charges.
Jackley said a Pritzker image wouldn’t qualify because Pritzker is male, but Mortenson pushed back.
He noted that partially nude fabrications would be a felony if done with the intent to “self-gratify or alarm, annoy, embarrass, harass, invade the privacy of, threaten, or cause emotional, financial, physical, psychological, or reputational harm to that individual.”
Nothing in the bill specified that a person in a digitally fabricated topless image must be female.
“We just said that half-nude is a state of nudity, and so now he’s shirtless, and the point of this is to embarrass this guy,” Mortenson said of his topless Pritzker meme scenario.
Mortenson voted against the bill in committee but brought an amendment Tuesday to define nudity as inclusive of male or female genitalia, buttocks or the female nipple.
The amendment passed, but it did not address every concern about the bill.
Democratic Rep. Kadyn Wittman of Sioux Falls asked Jackley during the bill’s committee hearing why he didn’t use it to enhance penalties for people who film others in states of undress or participating in sexual activity against their will.
That behavior is a felony if it involves the recording of a minor, or if it happens repeatedly. The new penalties for deepfakes would be added to the same chapter of South Dakota law.
“Why is the first time hidden recording a misdemeanor generally, but a digitally fabricated image would automatically be a classified felony,” said Wittman.
Jackley said he feels that the creation of digitally manipulated sexual images, even if they aren’t shared, signals “significant criminal intent.” He told South Dakota Searchlight after the committee meeting that he’s open to addressing that issue, but that SB 41’s primary purpose was to target deepfakes.
On the House floor, Wittman was one of two representatives to say the bill’s felony penalties could be unnecessarily harsh in instances where young people make “a stupid decision” and create a deepfake.
“I feel like, in a lot of situations, this bill covers behavior that could be covered by a lower level of offense,” Wittman said.
Supporters countered that the creation of fake nudes can do real psychological damage to real people, and that the state needs to clearly signal that doing so is a serious crime.
“It’s only fun and games until it happens to you,” said Rep. Mary Fitzgerald, R-St. Onge.
The bill passed the House 60-6. It now moves to the state Senate, which passed the bill 32-0 on Jan. 16. The Senate would need to approve the amended version of the bill before it could be delivered to Gov. Larry Rhoden to sign or veto.
The South Dakota Lottery offers multiple draw games for those aiming to win big.
Here’s a look at March 3, 2026, results for each game:
Winning Mega Millions numbers from March 3 drawing
07-21-53-54-62, Mega Ball: 16
Check Mega Millions payouts and previous drawings here.
Winning Millionaire for Life numbers from March 3 drawing
09-10-13-25-54, Bonus: 05
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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