Commodity in question before SD Supreme Court

Commodity in question before SD Supreme Court

A carbon dioxide pipeline in development had the South Dakota Supreme Court’s attention in Aberdeen on Tuesday, where lawyers representing landowners and Summit Carbon Solutions made their arguments in front of the justices. A key point of disagreement was whether or not carbon dioxide is a commodity in the case.
“It’s absolutely not a commodity,” said Brian Jorde, who represented the landowners. “How is this an article for commerce? How is it, it’s not being added to a product for beneficial use.”
“It fits all the tests of commodities in general, but it also fits it here, right,” said Bret Dublinske, who represented Summit Carbon Solutions. “This is in fact moving in commerce.”
A decision on the case will come on a future date.
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South Dakota Passes Pipeline Propaganda Bill, Gov. Noem Expected to Sign

Shortly before voting, a committee “rebranded” the bill using archaic marketing tactics, naming it the “Landowner Bill of Rights”.

The bills pave the way for Summit Carbon Solutions, an Iowa-based company seeking to construct roughly 500 miles of carbon capture pipeline through 18 counties in eastern South Dakota, to move ahead with their project.

The main issue with the language “Landowner Bill of Rights” and narrative it is setting up is that it opens a path for landowners to be considered activists of domestic terrorists to the state.

Currently there are landowners being denied insurance quotes and coverage due to the potential of a carbon pipeline being put in their property. In North of Dakota, landowners who are asking for more transparency and civility, are already being labeled “activists” by the state.

Legislature passes attempted balance between landowners and carbon pipeline project

Legislature passes attempted balance between landowners and carbon pipeline project

Supporters say bills protect farmers; opponents say they protect company

Years of debate about a proposed carbon dioxide pipeline came to a head Wednesday at the state Capitol as lawmakers passed three bills intended to strengthen landowner protections while maintaining a regulatory path forward for the project.

The bills passed the state House of Representatives and Senate and now head to the governor’s desk for final consideration.

Governor Kristi Noem issued a statement saying she plans to sign the bills to “provide new protections for landowners and allow for economic growth to move forward through a transparent process.”

Rep. Jon Hansen, R-Dell Rapids, who voted against all three bills, said lawmakers should do more to protect landowners. He pointed to Democratic-dominated Minnesota, where he said carbon sequestration pipelines can’t use eminent domain to access land.