South Dakota, a state rich in agricultural heritage and a leader in renewable energy, is at the center of a heated debate over the proposed $9 billion carbon dioxide pipeline by Iowa-based Summit Carbon Solutions. The pipeline aims to capture carbon emissions from 57 ethanol plants across five states and store them underground in North Dakota. This initiative is part of a broader effort to mitigate climate change by reducing greenhouse gases, a cause heavily promoted by federal tax credits.
On Thursday, Summit Carbon Solutions requested that South Dakota Public Utilities Commissioner Kristie Fiegen recuse herself from the permit application process, citing a conflict of interest. This request follows Fiegen’s past recusals from previous applications due to the pipeline’s route through her family’s land. However, Fiegen countered this request, asserting, “I am an elected Public Utilities Commissioner and will carry out my duties as such. I do not have a legal conflict. I am sitting on the docket.”
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Summit Carbon Solutions’ plan is emblematic of the growing importance of both agriculture and energy to South Dakota’s economy. The state’s numerous ethanol plants provide a lifeline for corn producers. Meanwhile, the pipeline promises to capture emissions that would otherwise contribute to global warming—a pressing issue in the Great Plains, where agriculture is deeply tied to climate conditions.
South Dakota’s own Josh Haeder, the 30th State Treasurer and a resident from Huron, exemplifies the state’s strong Republican leadership. His service since January 5, 2019, aligns with the state’s conservative values and commitment to economic stewardship. Haeder, a business professional with degrees from Capella University and Point Park University, has a notable history in real estate investment and credit counseling—fields relevant to managing both public funds and private interests in large-scale infrastructure projects.
Kristie Fiegen
Despite the pipeline’s potential economic benefits, it faces significant public scrutiny due to its environmental impact and the legal complexities involved. The project has spurred opposition from landowners and environmental groups, with many fearing potential risks such as leaks and the disruption of local ecosystems. Brian Jorde, a prominent attorney from the Domina Law Group in Omaha, has been representing landowners in their fight against the pipeline. Known for his compelling advocacy against eminent domain for private gain, Jorde has asserted, “From my viewpoint, she never had a conflict that rises to the level of recusal and certainly doesn’t now.”
Summit’s new application in South Dakota comes after its first was rejected by the Public Utilities Commission in 2023. At that time, Commissioner Fiegen recused herself due to the route crossing land owned by her sister-in-law, Jean Fiegen-Ordal, and her husband, Jeffrey Ordal. Summit’s efforts to acquire easements involved significant financial transactions, offering $175,000, which included $88,000 to the Ordals for rights to use the land for the pipeline.
South Dakota’s land policies and community involvement reflect its deep-rooted values of land stewardship and property rights. The state’s public input meetings scheduled for January 15-17 will provide local residents near the pipeline route an opportunity to express their concerns and questions. These meetings are crucial platforms for community engagement and transparency regarding development projects that alter local landscapes.
Kristie Fiegen, a Republican with longstanding service in the state, having served in the South Dakota House of Representatives before joining the Public Utilities Commission in 2011, is confident in her impartiality, a stance shared by many in the state. Her academic background in economics and business, coupled with her community involvement, underscores her commitment to balancing economic development with ethical governance.
The saga of the Summit Carbon Solutions pipeline is far from over, as the project continues to navigate legal challenges across multiple states, including Iowa and Minnesota, where permits have already been granted. Meanwhile, pipeline-related developments remain unregulated in Nebraska due to the absence of a state-level permitting process.
As the debate moves forward, the outcome of Summit Carbon Solutions’ application will serve as a critical indicator of South Dakota’s trajectory in managing its natural resources and energy needs. Citizens, lawmakers, and businesses across the state and region watch closely as decisions made in the coming months will resonate far beyond South Dakota’s borders, affecting energy policies and agricultural practices nationwide.
Amidst this complex interlace of environmental, legal, and economic factors, one thing remains clear: South Dakota is poised at the intersection of innovation and tradition, where its decisions will shape not just the local landscape, but also contribute to broader dialogues on sustainable development and energy practices.