(Pierre, South Dakota) – The company trying to build a carbon-capture pipeline through multiple states, including Iowa, has not yet proven it should be allowed to take private land for public use, according to a South Dakota Supreme Court ruling issued Thursday. The South Dakota Searchlight, in conjunction with the Iowa Capital Dispatch, says landowners who oppose the project hailed the decision as a victory, but the company expressed confidence it could go back to lower courts and prove its case.

Summit Carbon Solutions, of Iowa, is developing an $8 billion pipeline project. It would capture carbon dioxide produced by 57 ethanol plants in multiple states and transport it to an underground storage site in North Dakota. The company hopes to capitalize on federal tax credits incentivizing the removal of heat-trapping carbon from the atmosphere.

The pipeline would pass through 18 counties in eastern South Dakota. Some landowners along the route sued to stop the company from conducting land surveys. Summit says the surveys are justified because the company qualifies as a common carrier, and common carriers are allowed to use eminent domain.

The state Supreme Court ruled Summit had not yet proven to lower courts that it’s “holding itself out to the general public as transporting a commodity for hire.” The Supreme Court sent the matter back to South Dakota’s lower courts for further proceedings, adding that the Supreme Court justices “make no judgment as to SCS’s ultimate common carrier status.”

Members of the South Dakota Supreme Court hear oral arguments on March 19, 2024, in Aberdeen on a carbon pipeline case. From left are Justices Scott Myren, Janine Kern, Steven Jensen and Mark Salter. Judge Jane Wipf Pfeifle, at right, sat in for Justice Patricia DeVaney, who disqualified herself from the case. (Photo by Dave Bordewyk/South Dakota NewsMedia Association)

Summit spokesperson Sabrina Zenor said in a statement that the company is confident it can provide additional information to lower courts proving its project qualifies as a common carrier. Meanwhile, attorney Brian Jorde, representing more than 1,000 landowners affected by the project, told South Dakota Searchlight the ruling validated what he and his clients have argued for three years.

The project has approval from the Iowa Utilities Board, but that approval is conditioned on Summit gaining permits in North Dakota and South Dakota, which have not been granted. Jorde said the South Dakota Supreme Court decision means Summit is now “in a real bind.”

(Radio Iowa) – Governor Kim Reynolds says she has not opted out of a federal program to provide food to needy Iowa child next summer, she’s just waiting to see if the U-S-D-A will let her use the money to set up a new system in Iowa for distributing it.

Iowa was one of 13 states that did not participate in THIS summer’s U-S-D-A program which provided families with an extra 140 dollars in grocery money for each child who qualifies for free or reduced price school lunches. Reynolds has drawn up a plan to distribute the 29 million dollars in benefits by having the state buy the food and box it up.

The governor says the boxed up food would be distributed by the state’s 12-hundred food banks and food pantries as well as the 500 sites around the state — mostly schools — that provided summer meals this summer. Critics say giving Iowa parents electronic benefits cards lets them address the nutrition needs of their family and avoid foods their kids are allergic to. Reynolds says the emphasis in her alternative is on healthy food.

Reynolds made her comments during a news conference yesterday (Thursday), but has not said whether she will opt out of the Summer feeding program next year if the U-S-D-A does not fund her food box alternative. The governor’s Health and Human Services director says she’s had a couple of productive conversations with a top U-S-D-A official about the governor’s waiver request.

(Atlantic, Iowa) – The Atlantic School Board met in a short Special Session, Wednesday afternoon via Zoom. According to the meeting minutes provided by Board Secretary/Director of Finance, Lisa Jones, following discussion, the Board passed a motion by Jodi Goodrich, to approve the following hires:

• Elizabeth Williams – Special Education Paraeducator
• April Zarbano, Jeanne Redler, Ma Kyi and Katie Ryan – Nutrition Dept. Cooks, and
• Julie Phippen – Middle School Football Cheer Sponsor.

The next meeting of the Atlantic School Board is a Work Session at 5:30-p.m. on August 28th, in the Achievement Center Conference Room.

[Updated 7:26-p.m.] (Massena, Iowa) – Officials with the City of Massena report the City is currently under a BOIL ORDER until further notice. The Order was issued after a chemical pump malfunctioned, causing chlorine residual levels to become low.  The city has replaced the chlorine injection pump, and the affected area is being disinfected and flushed. City officials are notifying residents via Facebook, public notices and door to door contact.

Officials say there is no reason to believe water quality has been compromised, but as a precaution, customers are encouraged to boil water that will be consumed or used for food preparation. Water should be boiled for two minutes and allowed to cool before use. Water is safe to use for showering, laundry, general washing and outdoor use without boiling.

Two sets of bacteria samples will be collected for testing once residual chlorine levels have returned to normal. The boil advisory will be lifted once two consecutive sets of bacterial samples have tested negative for bacteria.

Here are some tips from the Centers for Disease Control and Prevention, during a BOIL ORDER:

• If bottled water is not available, bring water to a full rolling boil for 1 minute (at elevations above 6,500 feet, boil for 3 minutes). After boiling, allow the water to cool before use.
• Boil tap water even if it is filtered (for example, by a home water filter or a pitcher that filters water).
• Do not use water from any appliance connected to your water line, such as ice and water from a refrigerator.
• Breastfeeding is the best infant feeding option. If you formula feed your child, provide ready-to-use formula, if possible.

Handwashing

• In many cases, you can use tap water and soap to wash hands during a boil water advisory. Follow the guidance from your local public health officials.
• Be sure to scrub your hands with soap and water for at least 20 seconds. Then, rinse them well under running water.
• If soap and water are not available, use an alcohol-based hand sanitizer that contains at least 60% alcohol.

Bathing and showering

• Be careful not to swallow any water when bathing or showering.
• Use caution when bathing babies and young children. Consider giving them a sponge bath to reduce the chance of them swallowing water.

Brushing teeth

• Brush teeth with boiled or bottled water. Do not use tap water that you have not boiled first.

Washing dishes

• If possible, use disposable plates, cups, and utensils during a boil water advisory.
• Household dishwashers generally are safe to use if:
  • The water reaches a final rinse temperature of at least 150 degrees Fahrenheit (66°Celsius), or
  • The dishwater has a sanitizing cycle.
• Sanitize all baby bottles.
• To wash dishes by hand:
  • Wash and rinse the dishes as you normally would using hot water.
  • In a separate basin, add 1 teaspoon of unscented household liquid bleach for each gallon of warm water.
  • Soak the rinsed dishes in the water for at least one minute.
  • Let the dishes air dry completely before using again.

Laundry

• It is safe to wash clothes as usual.

Cleaning

• Clean washable toys and surfaces with:
  • Bottled water,
  • Boiled water, or
  • Water that has been disinfected with bleach [PDF – 1 page].

Caring for pets

• Pets can get sick from some of the same germs as people or spread germs to people. Give pets bottled water or boiled water that has cooled.
• If bottled water is not available, bring water to a full rolling boil for 1 minute (at elevations above 6,500 feet, boil for 3 minutes). After boiling, allow the water to cool before use.
• Boil tap water even if it is filtered (for example, by a home water filter or a pitcher that filters water).
• Do not use water from any appliance connected to your water line, such as ice and water from a refrigerator.

Caring for your garden and houseplants

• You can use tap water for household plants and gardens.