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Minnehaha County authorizes filing for party status in SCS Carbon Transport pipeline case
Summary
The Minnehaha County Commission voted to authorize the chair to file for party status in the Public Utilities Commission proceeding over SCS Carbon Transport LLC's proposed CO2 transmission pipeline, seeking to defend the county's locally adopted routing ordinance from preemption.
The Minnehaha County Commission on Jan. 28 authorized the chair to sign an application for party status (HP 24,001) in the South Dakota Public Utilities Commission proceeding over SCS Carbon Transport LLC's proposed carbon dioxide transmission pipeline. The measure passed on a voice/roll-call vote after commissioners and staff described a rapidly evolving preemption question from the PUC staff and pipeline proponents.
The vote comes after county attorneys received communication from PUC staff and outside counsel indicating the pipeline company might ask the PUC to preempt the county's ordinance that governs pipeline routing and setbacks. Eric Boger, the county's chief civil attorney, told commissioners the county's intent is to seek party status only to defend the county's ordinance against preemption, not to…
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