As carbon dioxide pipeline process begins anew, will Commissioner Fiegen announce her recusal as she has before?

Today’s agenda for the South Dakota Public Utilities Commission Meeting includes on the docket “1.      HP24-001        In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline” where they will specifically be discussing “TODAY, shall the Commission assess a filing fee not to exceed $875,782? AND shall the Commission authorize the executive director to enter into necessary consulting contracts? AND shall the Commission grant party status to those who have filed thus far? OR how shall the Commission proceed?”

However, there has been no report to date whether Public Utilities Commissioner Kristie Fiegen plans to recuse herself from the proceeding.   Why does that matter? Because Commissioner Fiegen had recused herself from pipeline proceedings twice before, as described in her letter of recusal from 2022, citing a conflict of interest:

As written in the letter from 2022,

I have recently been informed that the proposed pipelines would cross land owned by my sister-in-law (my husband’s sister) and her husband. This route is similar to the route in Docket HP14-002 in which I also disqualified myself due to the same conflict of interest as in this docket. Pursuant to SDCL 49-1-9, a Public Utilities Commissioner may not participate in a proceeding in which the Commissioner has a conflict of interest. Given this familial relationship, I am regretfully disqualifying myself from participating in this proceeding.

As required by SDCL 49-1-9, I hereby certify that I am disqualifying myself from participating in this docket and request that you appoint an elected constitutional officer, other than the attorney general, as a member of the Commission in my place. In order to give notice of my disqualification, I am filing this letter in Docket HP22- 001.

In 2022, Commissioner Fiegen very properly recused herself because of a familial relationship where the pipeline crossed her sister-in-law’s land.  As I am informed this morning, there has been no change to that portion of the route at this time in this new application.  However, looking at the new docket (HP24-001), a similar recusal would not appear to have been filed yet as it had twice before.

Without a new recusal being filed, is it Commissioner Fiegen’s intention to sit for these meetings?

Or will we see an announcement of her recusal today with a new substitute member appointed for purposes of hearing the pipeline?

Attorney General holding press conference today to announce more criminal charges in public corruption case

Without providing many details, yesterday South Dakota Attorney General Marty Jackley issued a Media Advisory yesterday that he would be holding press conference today to announce more criminal charges in a public corruption case involving a former state government employee. 

No information is available as to whether this relates to current cases involving a Department of Social Services employee who embezzled and spent millions on items including clothes and lotions, or the Department of Revenue employees who were involved in schemes to alter vehicle titles. 

The press conference will be held around 2:30 PM today.

Anyone looking for an law intern? USD Law grad seeking post-graduate internship.

If any of the readers in a legal or public policy organization are looking, I was asked to post a note from a recent USD Law School student who just completed finals, and is looking for writing work/an internship while they study up for the bar exam:

I am a recent December 2024 J.D. graduate from the University of South Dakota. I am seeking a post-graduate internship to refine my legal research, writing, and analytical skills while gaining valuable experience in a professional legal setting. As an Omaha, NE-based law school graduate, I am seeking to gain practical legal experience while contributing to a legal team beyond local boundaries. Thank you for your consideration.

Drop me a note for contact info.

Presidents – Please stop pardoning South Dakota swindlers on the way out the door.

Here we go again.

On his way out the door, President Joe Biden thought it was somehow a good idea to grant clemency to Sioux Falls Fish Farm salesman Toby Ritesman who deceived investors and robbed them of more than a million dollars:

Tobias Ritesman, who called himself “The Tiger,” will get a reprieve on his nine-year prison sentence starting Dec. 22 — in time for Christmas. Ritesman was among 1,500 people whom the Biden administration granted clemency to as the one-term president prepares to depart office. It was the largest number of pardons and clemency granted in one day by a president.

and..

The mass clemency only applied to prison sentences and left in place the other sentencing conditions. For Ritesman, 48, that includes three years of parole and restitution of $680,000.

Read that here.

It could have been worse, as at least restitution was left in place. Unlike the pardon granted to Paul Erickson in 2021 by President Trump during his last term, who also bilked investors out of millions.

Experts say a South Dakota criminal no longer has to pay his victims nearly $3 million in restitution after President Trump pardoned him and labeled his crimes “minor.”

and..

Erickson was not prosecuted for the assistance he allegedly provided to Butina. Instead, in a separate case, authorities accused him of defrauding dozens of people in numerous business schemes. His pattern – which he repeated multiple times over many years – was to pitch an investment opportunity to friends and acquaintances, convince them to invest, and then pocket the money rather than putting it into the investment.

To resolve those allegations, Erickson pleaded guilty in 2019 to wire fraud and money laundering. He was sentenced to seven years in prison and ordered to pay more than 50 victims a total of about $3 million in restitution.

Read that story here.

The Erickson pardon was far more egregious, but both come off as examples of unequal justice and turn a cold eye towards victims of their swindling and schemes receiving the renumeration in terms of money and time for the perpetrator’s reflection on their crimes they were supposed to be provided by the court.

US Senator John Thune’s Weekly Column: Help Is on the Way

Help Is on the Way
By Sen. John Thune

Next month, Americans will turn the page on the Biden presidency. For many Americans, that day can’t come soon enough. The last four years have been characterized by a number of crises. With President Trump back in office and Republican majorities in Congress, I can assure you that help is on that way.

Addressing the Biden border crisis will be one of our top priorities. President Biden has overseen four record-breaking years of illegal immigration. His open-border policies created this crisis and opened the door to 10 million illegal border crossings on his watch. Border Patrol, border cities, and places far from the border have been overwhelmed by illegal immigrants and illegal drugs that can be traced back to the chaos at the border.

Republicans will get right to work to make a once-in-a-generation investment in border security and immigration enforcement. We’ll provide the resources needed to execute the tough border security policies Americans can expect from President Trump.

We’ll also have to clean up the economic crisis left by the Biden administration. Prices have risen by more than 20 percent since President Biden took office, spurred in no small part by his reckless spending. All told, it costs a typical household more than $13,000 more per year to maintain the standard of living it enjoyed at the beginning of this administration.

Hardworking Americans have had to cut back on their purchases and scale back their dreams for the future as inflation has taken a bite out of their budgets. Republicans will work to advance pro-growth economic policies, like preserving the Trump tax cuts that delivered higher take-home pay and grew our economy, and we will roll back some of the 1,000-plus Biden regulations that have choked our economy.

The Biden administration’s agenda has also jeopardized our nation’s energy security. Energy prices have increased across the country, and the Biden administration’s actions have threatened the reliability of our already shaky electrical grid. Republicans will work with President Trump to reverse these policies. We will unleash American energy and restore American energy dominance for the sake of our energy security and national security.

It’s been a long four years, but things are about to turn around. President Trump and congressional Republicans will work together to deliver policies that keep our country secure and our economy strong.

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Governor Noem’s Weekly Column: Hunting Traditions Remain Strong in South Dakota by Secretary Kevin Roblin

Hunting Traditions Remain Strong in South Dakota
By: Secretary Kevin Robling  
December 13, 2024    

The noise of wingbeats flying above the cattails creates instant excitement for my two yellow labs. Ducks start landing in the decoys, and my two oldest sons (who are four and six) look up at me with huge smiles on their faces – duck calls in hand and Grandpa by their side. The clock strikes the magic hour, and memories that last a lifetime are created.

A few hours later, the pursuit of our state bird follows, filling the day with cackling roosters, laughter, and high fives. As I tuck the kids into bed after a full day outdoors, my four-year-old looks up and me and says “Dad, that was the best day ever!”  I can’t help but think he’s exactly right.

There is a lot to love about South Dakota, but for many of us, nothing beats Autumn. Autumn in South Dakota features great fishing, beautiful colors in our parks, and, of course, hunting seasons! Hunting is tradition in South Dakota. It’s part of who we are as South Dakotans, and I am so proud to say our traditions have never been stronger!

Hunting participation rates across South Dakota continue to rise, with 24% of South Dakota residents participating in hunting, the highest per-capita rate in the country. While South Dakota offers incredible hunting opportunities for mule deer, white-tailed deer, antelope, elk, prairie grouse, and waterfowl, we are most known for our world-class pheasant hunting.

South Dakota is the greatest state to pheasant hunt, with over 187,000 residents and nonresidents taking to the fields to hunt our state bird this year! Great habitat and a little help from Mother Nature equal great bird numbers. This combination, coupled with access to these birds, has brought hunters to the fields from across the state and the country.

In 2019, we celebrated 100 years of pheasant hunting. Following this celebration, we began working with Governor Noem on her Second Century Initiative. The goal: to ensure the next 100 years of pheasant hunting are just as great as the first – we’re doing just that!

Habitat is the foundation of wildlife management; it’s the key ingredient to having abundant wildlife populations. As a result, the wildlife division within the Department of Game, Fish and Parks has made habitat development and enhancement our number one priority. Working closely with farmers and ranchers, we have grown quality habitat acres across South Dakota. On top of that, hunters now have more places to hunt, with over 1.6 million acres of private land open for public hunting – a new all-time high enrollment benchmark. Thank you to all the participating landowners.

Whether you’re a lifelong hunter or just looking to get into the sport, there is no greater place to be than South Dakota. Hunting is the truest form of conservation, so hunters are our greatest conservationists.

As the sun starts to set on another amazing hunting season, remember it’s not over yet!

When I say goodnight to my kids, I always ask them if they want me to wake them up early to go hunting in the morning. The other night, my six-year-old looked right at me with a stern face and said, “Dad, stop asking me if I want to go hunting. Of course I do – it’s my favorite thing in the whole world to do!” My response, “Mine too buddy, mine too.” 

Happy hunting!

Kevin Robling is the Cabinet Secretary for the South Dakota Department of Game, Fish and Parks.

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Guest Column: Time to fix our debt and the deficit by Spencer Wrightsman, Sioux Falls

Time to fix our debt and the deficit 
by Spencer Wrightsman, Sioux Falls

The 2024 election season has come to an end, and we finally have a clear picture of the political landscape of the next two years. The Republican party was handed full control, albeit by a narrow margin, and South Dakota is in a seat of influence thanks to the nomination of Gov. Noem to the president’s cabinet and the appointment of Sen. Thune as Senate majority leader.

There is a long list of priorities in both the White House and the legislature, but what we need to be focused on is the status of our national debt and spending habits. This is a topic we heard discussed on the campaign trail, and a priority of President Trump – apparent by his creation of the Department of Government Efficiency which aims to cut $2 trillion out of our national spending. However, the approval of the budget and debt reduction falls squarely in the lap of Congress.

It is my hope that our legislators – Rep. Johnson and Senators Thune and Rounds – work to ensure the budget is squarely centered on the list of priorities. The longevity of this country and the day-to-day security of their constituents is reliant on it.

As it stands, the U.S. national debt has surpassed $35 trillion, with $18 trillion of that being added on in the past 15 years. While we did experience the 2008 financial crisis and the COVID-19 pandemic during these times, $11 trillion of this borrowing was utilized for policies unrelated to those crises.

We stand at an impasse of fiscal action. If our elected officials don’t prioritize this crisis during this legislative cycle, get spending under control, and begin chipping away at the debt, then it is likely we will see the size of the debt eclipse the size of our annual economic output, which is nearly unheard of in the history of the country. In fact, debt held by the public is soon expected to exceed our country’s previous record of 106% of GDP which we reached immediately after WWII.

Today, our country’s payments on the debt are the third-largest line item in our budget, and the fastest-growing expenditure. The payments alone cost us $892 billion, singularly consuming more than 3% of our nation’s entire economic output. Every dollar we divert towards paying off the interest is a dollar not used in investing in children’s future. This year, these payments will cost more national defense, Medicare, or programs for children.

However, we are in a position to fix this problem before the crisis becomes too large to reverse – and South Dakotans are in a seat of influence for ensuring success. The national debt is a bipartisan issue which requires bipartisan solutions and collaboration. As citizens and voters, we must show support for those who are brave enough to stand up, cross the aisle and finally come to grips with the crisis and put us on a stringer, more sustainable fiscal path. Anything less will eventually lead to ruin.