KWAT’s Mike Tanner got Governor Kristi Noem to talk to him for 20 minutes yesterday.
Tanner smartly brought up Summit Carbon Solutions’ invasion of private property to survey and move dirt for its still not permitted carbon dioxide pipeline and complaints from many, including members of her own party, that she’s been AWOL in defending landowner rights. Governor Noem replied that she’s with the landowners and said they should blame the Legislature and China:
Well, I’m with the landowners and always have been. I’m a very pro-property rights governor and always have been with all the actions I have taken. I’m shocked at some of those images and things that I’m seeing that’s happening to these farmers and landowners that these pipelines going on. That’s not how the process is supposed to work.
And I know people are asking me to take action, and we’re continuing with our legal team to look at if we have any avenues. The process here is that there is not a—the state constitution doesn’t insert the governor into this process. We’re a state of law and statute, and there were several bills that came to the Legislature this year that would have addressed this. The Legislature killed them all. None of them made it to my desk. So obviously the Legislature was o.k. with what’s happening up there and I don’t have an avenue today that I can step in legally and constitutionally and address what’s going on, but we’re continuing to look with our lawyers to see what we can do and if there is an avenue that we could pursue.
I know people at times want to just, you know, call on the Governor to come in and do that, but you’ll remember for years and years and years, I told people all along I know specifically what my role is defined as by the constitution and I’m going to continue to follow our laws and statutes and the constitution and we’ll continue to look for ways to help these landowners.
What bothers me, Mike, is that a lot of the investment that’s going into this pipeline is influenced by China. They have a $100-million partnership here with a Chinese-owned ethanol company. Their business partner received a $300-million loan from the Chinese central bank. I tried to stop China from having an influence in South Dakota and from buying ag land, and now they’re coming out here and investing in a pipeline that’s crossing ag land. This is the last thing I want to see and I’ve been very public about it, but the Legislature didn’t support me on that bill, either, and neither did ag organizations.
So I would continue to encourage everybody to continue to talk to their legislators. State law needs to change if they want to stop this, and that’s something legislators haven’t been on board with yet, but I’ll continue—I’m a lifelong farmer and rancher, and what Summit Carbon is doing by putting this pipeline, they are following state law, and efforts to try to change that state law didn’t get through the House or the Senate last year [Gov. Kristi Noem, interview with Mike Tanner, “Noem Talks Carbon Pipeline, Border Security, Presidential Politics with KWAT News,” KWAT, 2023.06.27, transcribed from audio by CAH/DFP].
So Noem’s Republican friends from Iowa are really Chinese dupes? Gee, I thought Summit’s pitcher and former SDGOP chair Dan Lederman was only an agent for the Saudis.
Noem is at least saying she’s working with her lawyers to see if she could take some action to prevent her Republican friends from Iowa from seizing farmers’ land. She at least as now said on the record that what Summit Carbon Solutions is doing is not right. But she’s not saying that as loudly as the excuses she’s making to shift responsibility away from herself and onto the Legislature and the convenient Chinese bogeyman.
Noem doesn’t have to wait for her lawyers to come up with a plan to help defend South Dakota landowners. She could call her close Republican friends who are pushing the pipeline and tell them to knock it off. She could produce the receipts on those alleged multi-million dollar deals with China to shame those Republican profiteers. She could drive out to Brown County the next time Summit sends its earthmovers and gun-toters out to Jared Bossly’s farm, confront the surveyors on camera, and make the sheriff feel awfully queasy about participating in this land grab. She could donate a million dollars from her campaign fund to support the landowners’ lawsuit to stop Summit Carbon Solutions. She could use her 62% mandate from the 2022 election and her supposed national connections to raise holy heck over the CO2 pipeliners seizure of land and show she’s willing to push her authority and political capital to the limit to defend the property rights that she says she has always so avidly supported.
But instead, Noem professes weakness, shifts blame, and blows the China alarm.
Misdirection and False Victimhood. Yawn …
She basically said the same thing for covid. – the governor doesn’t have the legal authority to do anything…
I thought it was a South Korean company that invested $100 mill in Summit? Easier to blame China I suppose.
She could tell her son in law to resign from Gevo in protest. Lots of actionable things she can do like you mentioned.
So now Noem claims her role is not to pressure Lawmakers and spew her personal agenda? If that were the case, I’d probably hate her less.
What the hell is that Fox News studio in the basement for? Sharing hunting stories? Puhh Leezze..!!
As SX123 notes, your Governor’s inaction is similar to her failed COVID response.
She doesn’t know what to do so she does nothing at all.
What a joke. Only someone who doesn’t know history would say China is a fault. CO2 pipelines were developed first in the US. China is just copying the US. It is true that Chinese entities will loan companies in third world countries money for such projects. As in third world countries, Republican-dominated areas in the Midwest have weak or non-existent regulation and Republican governors who tend to cave whenever a someone says “pipeline.” When you have a Governor who caved to multiple oil pipeline projects you, as an investor, get the idea that a similar pipeline is a pretty safe investment. If China sees the Midwest as patsies, maybe you need more than weak regulations and weak politicians.
As a staunch supporter of the Republican Party, a true hardcore traditional Conservative, a State right supporter, I agree, the Governor may not have the power to stop the Land Surveys, that authority came from the Certified Letters sent by Summit Carbon Company giving the landowners 30 days to respond, either for or against, explaining their reasoning. However, if they chose to not open, or accept the letters, and they came back to Summit Carbon Company, the Secretary of Interior as per 43 U.S Code 299 – has the right to allow them to survey the land so long as the company is bonded, they do as they say they will, and when they are done, leave the land as it was prior.
The landowners only legal defense here, would be if the company did not follow the law and return the land to its prior state or condition, or injured anyone, or their property, or any of the other provisions set forth under federal law.
Once the Surveys are completed, the South Dakota Government by means of SDCL 49-41B apply, and the Land Commission or Utilities Commission has to then decide whether or not based on the data, the information, public input, etc, on whether or not to allow the Project to proceed to the next step, constructing the Pipeline.
The “Authority” to perform the Land Surveys was already granted, and accepted where those Landowners did NOT respond to the certified letter, which was dated, noted, and prescribed to them, *If they no longer lived or resided at the ‘recorded address” that is not Summit Carbon Companies fault, that is the fault of the landowner for not updating their recorded address.
The Governor is correct in this situation, she cannot stop the land surveys, however, she can by Executive Order , Declare an Statewide Emergency to bring this matter before the public to determine once and for all if this Project is a good fit for the State or not.
With so many Mayors, County Commissions standing in defense of the landowners, so many subdivisions coming forward against the pipeline, that is where the governor, acting as the at-large representative the authority to act on this public matter to hold public meetings.
The problem here is, POET COMPANY has politically financed the campaigns of Kristi Noem, John Thune, Charles Grassely, Dusty Johnson, Hillary Clinton, Joe Biden in defense of their company, lobbying them to pass laws to promote Clean Air, Water, and Energy Policies, of which led to such laws being adopted as in the 2022 Inflation Reduction Bill which is nothing more than a Forestry Bill to promote Climate Change, Zero Emmissions, and Carbon Sequestration. POET has spent well over $574,000,000 since 2016 to lobby in their defense, which of course, brought back to them $76,000,000 in federal money to expand their Ethanol Empire, all of which now allowed them to “Contract” to Summit Carbon Company to act as their Common Carrier to provide to them a service aka the Pipeline.
Even Sioux Falls’s very own Mayor, Paul TenHaken has been vocal on this matter related to Sustainability, and speaking out against these such policies:
“The topic of climate change, conservation, or sustainability—however you phrase it—can become a polarizing and political topic. There’s a broad set of opinions that need to be considered. This was especially apparent when we released the first draft of Sustainable Sioux Falls in early 2022 that included perceived mandates and ordinance changes. Soon after release, our team quickly realized that some very key and necessary voices were left out of the conversation, so we went to work to fix that.”
He goes on to say, “We didn’t scrap the plan all together because conservation is an important topic that needs to be addressed, and the framework that’s presented today is what’s right for Sioux Falls. If there’s one thing this community can expect based on my five-year mayoral track record, it’s that I am a consensus-building leader that brings pragmatic solutions to challenges. We don’t follow the national narrative in Sioux Falls, and I don’t expect to start now. Sustainability is not a one-size-fits-all approach even if the federal government makes it seem that way with enticing grants.”
So this topic, of Sustainability, Climate Change, Carbon Sequestration is pitting Governors against Mayors, County Commissions against the legislature, so forth…
Last week, Summit Carbon Solutions made the claim that 2/3 of the Landowners have accepted, and agreed to the Pipeline, but yet, we are seeing a huge majority of landowners speak out against it through the media. However, Summit draws their conclusion most likely from the failure of these landowners to NOT respond to the 30 day certified letters, presenting their opposition, No Reponse to the letters, presented the fact, that there was no opposition to the land surveys, let alone the pipeline.
However, now we are finding out, there is a huge disagreement between the landowners v Summit Carbon Solutions Company. This is where the Governor has to step in, Declare an Emergency situation, and begin by bringing both sides to the table to hold public discussion. So yes, she does have Constitutional “Authority” to act in this public matter with or without the legislature.
She has no issue committing our S.D Military to the southern border, however, inside the State, she is not using the S.D Military to defend landowners, ensuring that they are protected while the land surveys are being performed. Double Speak there…
She also, if she is more concerned with national issues, she could prescribe to the Lt. Governor to hold Statewide Task Forces, meeting with the Counties, Mayors, Landowners, Property Holders, Business Community, thus bringing people together to discuss this public matter, before it gets to the next step…thus attempting to resolve conflicts ahead of the Land (utility) Commission meeting to discuss the data, information, statistics of whether or not to allow the pipeline to be built.
For more of my thoughts, click the following document link for more information:
https://docs.google.com/document/d/e/2PACX-1vR4W11Kbedfg9gnV8es7pgZ0DTTm8HfrpYuzXxVJlbWiRhQz4_f-RFoyyF85YIdpTt5EXbSTcCMGXbi/pub?urp=gmail_link&fbclid=IwAR2FX34D_qIUukGZOPrI6C-K4OkHfuaoFt2DOw-Uf5p5zxpvAuRfc-H1r64
@ Mike Zitterich – ha ha ha ha hah hah hah
Is there a vaccine for this thing that keeps coming back? Got Great Grand Girlie number 2 today.compliments of one and only grandson and his gf. Older GGG is 5, almost 6..
Watching the SDGOP slapping the spit out of each other over makes me happy.
The US is not China; we can’t build rail lines anywhere we want to because the state can’t just seize land without due process. The unhinged South Dakota Legislature is largely a product of ALEC because the Koch network has billions stashed tax free in South Dakota banks. To them passenger rail is socialism.
Nonsense, Mike Z. Yes, Poet and other ethanol producers donate money to politicians. So does the oils and gas industry. In fact stack the dollar bills from ethanol producers and the oil and gas industry, in separate piles and the fossil fuel pile will be 10 to 20 times higher with nearly all from both entities going to Republicans. Yet the arguments from landowners were the same against Keystone XL and DAPL, which are not in any way affiliated with your false boogeyman (“climate change”). Face it, politicians are bought and paid for, including Noem. I’m not a fan of Biden’s energy policies, which are far, far too socialistic with most of the money going to coal, oil, gas, and nuclear.
As I sit here typing this, air quality alerts have been issued in the Midwest due to Canadian wildfires, one of the impacts of climate change. I went outside to take a hike this morning following the advise given by our health agencies to wear a KN95 or N95 mask. We have some left over from the pandemic, but still I had to cut my walk short.
There are always ways that a creative leader with actual South Dakota values could assist the landowners in this fight. Noem is just too bought and paid for to help.
Look on the bright side, South Dakota. It’s not in President Biden’s rail plan but if someday Amtrak connects the Southwest Chief at Pueblo or Trinidad, Colorado to the Empire Builder at Shelby, Montana through Denver there might be a depot at Edgemont.
Mercenaries and National Guard troops brutalized many of the thousands of demonstrators camped on federal land near Cannon Ball where some 761 people were arrested between early August, 2016 and late February, 2017. Trump apparatchiks even referred to the American Indians and their compatriots as jihadists and insurgents.
Montana and North Dakota both suffer the effects of man camps that prey on women and girls where rapes and murders committed by white predators have become commonplace.
Industrial agriculture is ecocide and for those of us who love the Earth shucks like Summit’s are subsidized corporate greenwashing but ironically many Republicans actually benefitting from caching greenhouse emissions decry them as caving to the Green New Deal. So Summit has turned to using eminent domain to condemn land for private enterprise provoking resistance from many Republican landowners and their surrogates.
I want the U.S. Department of Transportation to condemn the Rapid City, Pierre and Eastern Railroad all the way to Crawford, Nebraska for passenger rail.
China?? Chinese companies?? infiltrating and financing what is a company predominately administered by long time Republican functionaries. Mrs Noem not only defies logic, she defies the simple rules of the greasy palm. Big money is being exchanged and the Governor will not interfere with this ebb and flow of dollars.
Congratulations, MFI. Hoping you can spend mucho time with GGG #2.
That was a predictably short retirement, Mike. Your narcissism won’t allow you to stay away.
Our Governor is a C. S.
( Chicken S*!t)
Noem has finally mentioned the CO2 pipelines because the CO2 pipeline issue has made it onto “her peoples” news networks such as FOX. Show me a previous audio or video clip, press release, tweet or whatever where she has sided with landowners on this issue.
Noem talked about China and Trans this legislative session because that plays well with “her people”. Noem only gets involved in an issue if it gets her publicity.
The Governor is babbling about how “her lawyers” say she has no authority in this matter. What lawyers. Who??? I’ve never heard of a lawyer who is “Chief Counsel to the Governor.” Who is that or does she depend on Jackley. To my memory, Jackley has not issued any kind of official opinion on the matter.
Bring our troops home from Texas and protect South Dakota.
e platypus onion- CONGRATULATIONS on your new fat cheeks!!!! Let her know the whole world cannot wait to meet her and already loves her<3
mfi Congrats!!
https://bismarcktribune.com/news/state-regional/attorneys-argue-whether-summit-pipeline-information-should-be-protected/article_46326a90-1532-11ee-a53c-83bd8aaa7400.html#tracking-source=home-top-story
Thank you all. epo/mfi
You may find this very interesting, it may lead you to do more research, in writing future articles related to the Summit Carbon Solutions issues.
Mark V. Meierhenry, then the South Dakota Attorney General in 1983, formed a legal opinion related to Land Surveys, and it is pretty much eye for eye based on what I have concluded today. https://atg.sd.gov/OfficialOpinions/Official%20Opinion%2083-32.pdf
There is no state law nor constitutional provision that barrs a private company from hiring a land surveyor to go on private property to survey the land ahead of determining, fact finding, and assessing the natural resources, minerals beneath the land. Even if we were to adopt a state law, the federal law would trump it, as it sets in motion the process of which “companies’ can utilize to obtain permission to survey land under 43 U.S Code Section 299.
Under that provision of federal law, where “landowner consent” is not given, the company simply gains permission of the Secretary of the Interior, of which 43 U.S Code sets that process, the company must obtain bonding, must send out a ‘legal notice’ 30 days ahead of the time, date, and manner of conducting the survey, and must explain to the landowner exactly what the project or plan alludes to, allowing the “Landowner” to agree or not agree, let alone, federal law states obviously, when they are done, they must leave the land in the exact same state and condition as it was before the survey or project itself.
If the landowner does not respond to the notice within those 30 days, etc, they have passively agreed to allowing the survey to be conducted, meaning, the company, now acting as a “common carrier” contracted by another company or individual, has every right to perform the survey, of which now sets up the next step – in South Dakota, the Land Commission (or Utilities Commission) now must take those facts, findings, evidence to decide whether or not to allow for the “project” to continue from that point on.
Of which, the landowners only defense, after the survey, would be to sue the “company” for any injuries, damages, to their person, property, or the land itself.
Governor Kristi Noem is correct when she says she cannot stop the land surveys from occuring, IF, they were approved of, and permitted by the Secretary of the Interior, of which under 43 U.S Code Section 299 sets the process of doing such.
However, knowing this, and knowing what steps occur there after, I would believe, that Kristi Noem could in fact adopt, or sign into law, an Executive Order, using her power to “Declare a Statewide Emergency” where she now believes the Public Health, Safety, and Security is affected, let alone endanger.
The Governor at this point could call into session the Legislature with the goal of Convening the members to cause an investigation into the public matter be performed, allowing for them to subpoena any persons, evidence, documents, facts to further decide what steps to take in future;
The Governor could use her power to prescribe duties to the Lt. Governor to Hold Statewide Task Force of where he now meets with County Leaders, Commissions, Mayors, City Councils, Local Subdivisions – water, utilities, highways, landfill, housing, townships, etc to seek resolutions to the matter;
The Governor could in fact utilize the State Military to best protect the landowners, property holders, citizens with the goal to preserve order;
The Governor could delegate authority to local government entities giving to each the authority to lend their services to maintain peace, and order.
If Kristi Noem is true to her word, and she strongly believes there may be Foreign Interference on U.S Soil to subvert our process of governing over ourselves, aka Chinese Investors in land, property, in business, and knowing that Summit Carbon Solutions may be collaborating with the Federal Govt to allow for a more global agenda, the United Nations to circumvent our commercial trade under the State, she would have this power to act.
South Dakotans should be far more concerned about the Kingdom of Saudi Arabia than any interference from the Peoples Republic of China.
In South Dakota growers need to apply to irrigate more than one acre of land and allows for up to 24 inches or two acre feet per acre but a permit can take years to be approved. Most East River aquifers are fully appropriated but are believed to be more sustainable. Older permits even allow for the pumping of surface water and in 2022 the state had 5,532 active irrigation permits on about 836,000 acres.
The Marquis de Saud, Dan Lederman, is an agent for KSA. He spent $50,000 to buy a seat in South Dakota’s corrupt legislature flaunting the same class by throwing it away resigning after the 2015 session then forcing his way into the chair of South Dakota’s Republican Party. As President Biden puts the screws to Lederman’s bosses in the KSA Mrs. Noem is distracting some attention from her own foibles by pecking at Uncle Joe. That Lederman would steer criminals like Mohammed bin Salman into South Dakota is completely within his crooked wheelhouse.
Is that +3 or +4 posts since Zitterich’s retirement? Surprised he isn’t too busy being a “mentor” to write lengthy screeds here on a website he swore he was leaving.
“Property Rights Round-Up”
Rally for a Special Session to protect our constitutional property rights!!
Capitol Rotunda in Pierre
Thursday, July 6th at 12:00 Noon
Event sponsored by several legislators!
Please spread the word and consider attending!
We need numbers at the Capitol to show our concern!
First it’s the land, what will be taken from us next……?
Mr. Zitterich may soon say, and if he doesn’t he should:
Nobody leaves except Roger Cornelius and Mark Anderson. The rest are still lurking. Silently slinking in darkness, they linger, enigmatic shadows haunting the realms of the unwary.
Mr. Anderson left???
I drafted this “Executive Order” that I am lobbying the Legisature to convince Kristi Noem to put into effect. It is perfect.
https://docs.google.com/document/d/e/2PACX-1vR5l7r3VCQjl_SobpgIjOzqxeAtacYM8OQzrt4BD1udOi-jWQMejBvy5Is79Td8pln6VNnTTAyQAUts/pub?urp=gmail_link
Nice tight blogging, Mr. Zitterich.
Except I thought you left, never to return?
I decided to be a “part-time” contributor, not more than 1 post a day. Thank You for Responding, Talk soon. Mike Zitterich
zitterich76@gmail.com
“No more than one post per day” — written on third post of the day
Mr. P–what happened to Mark Anderson, the Highmore Pirate whose humor and insight have graced this blogging.
I agree . A sculptor (his pieces are viewable on the internet) from USD Vermilion during Vietnam era with a wicked funny wit.
Don’t know his whereabouts or reason for his prolonged absence. Hopefully nothing medical.