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House approves temporary moratorium on carbon dioxide pipeline construction
Summary
The South Dakota House passed House Bill 10 85 on Feb. 25, 2025, creating a moratorium on construction of carbon dioxide pipelines until federal safety rules are finalized; the measure passed after an amendment removing an emergency clause and adding language tying the moratorium to federal rulemaking.
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The South Dakota House on Feb. 25 approved a measure that places a temporary moratorium on the construction of carbon dioxide transmission pipelines in the state until federal safety rules are finalized.
Representative Eric Vazgard, the bill sponsor, said the measure is intended to pause construction while the Pipeline and Hazardous Materials Safety Administration (PHMSA) completes rulemaking. "This bill simply asks that we take take the time to sit back, take a step back, and wait till these rules are are finished," Vazgard told colleagues, citing a 90-day federal comment period and uncertain timing of final rules.
Supporters said the pause is a narrowly drawn public-safety precaution while PHMSA updates requirements following incidents elsewhere. Vazgard recounted a Mississippi rupture that sent "about 40 people going to the hospital" and required evacuations of several hundred, saying federal changes were prompted by that crash.
Opponents said the moratorium injects regulatory uncertainty that will harm state economic development and property owners who back pipeline projects. Representative Wise Graham argued the bill "adds yet another obstacle" and said the state should not defer timing decisions to an unelected federal bureaucracy.
Lawmakers adopted an amendment, 10 85 C, that removed the bill's emergency clause and added language saying the moratorium will lapse once the relevant federal rules are finalized. The House then voted to approve the amended bill by a recorded vote: 40 ayes, 30 nays. The clerk later displayed the vote as 40 ayes and 30 nays and declared the bill passed.
The bill directs state authorities to withhold permits for construction of carbon dioxide pipelines while PHMSA's new rules remain unfinalized; it does not change eminent-domain law or other permitting processes beyond that pause. Supporters framed the legislation as a temporary, precautionary move; opponents warned of economic and legal consequences if developers delay projects.
Representative Vazgard said the moratorium stems from a desire to protect citizens and emergency responders while new federal safety standards are completed. The House record shows the amendment and final passage; the bill will proceed to the Senate for consideration.
Votes at a glance: - House Bill 10 85 (moratorium on carbon dioxide pipeline construction), amended (10 85 C): passed, 40–30.
Speakers quoted in this article are listed in the speaker roster below. The House action was taken during floor debate on Feb. 25, 2025.

