South Dakota landowners and elected officials are calling on US Representative Dusty Johnson to oppose a provision in the pending federal budget reconciliation bill that would fast-track pipeline permitting and override state and local authority.
During a press conference on May 19, speakers criticized a proposed federal scheme allowing developers to pay a $10 million fee for expedited permits — granted within a year — that would supersede state, county, or municipal restrictions.
The measure would apply to interstate pipelines transporting oil, CO2, and hydrogen.
Critics say the legislation undermines hard-won property rights protections. South Dakota recently enacted a law banning the use of eminent domain for CO2 pipelines, following years of advocacy by residents and lawmakers — a law signed by Governor Larry Rhoden. The federal proposal would effectively nullify that effort.
With the reconciliation bill headed for a narrow vote in the US House, advocates argue Rep. Johnson is in a key position to defend the will of South Dakota voters, who overwhelmingly backed property rights in the last election.
A coalition of nearly 70 organizations submitted a letter to Energy & Commerce Committee members opposing the measure, warning that it would expand federal control over pipeline approvals, curtail environmental reviews, and reduce opportunities for public input.
Relevant: South Dakota Regulators Block Summit’s $8.9B Carbon Capture Pipeline
The letter calls the permitting system a “pay-to-play” approach that prioritizes corporate interests over community safety and property rights.
“Congress must put the safety and welfare of landowners and communities above the tax credit driven profits of big corporate interests,” the letter states.
“New infrastructure should not be forced down the throats of landowners via eminent domain, and all landowners and communities deserve robust health, safety, and economic protections.”
Read more: Iowa Senate Passes Bill Limiting Eminent Domain For Carbon Pipelines
