South Dakota voters get the chance to approve or reject a bill state lawmakers passed earlier this year related to carbon dioxide pipeline regulation.
One expert says state voters must weigh multiple issues at once that could have national implications.
Referred Law 21 changes several permitting regulations for companies bringing pipelines or other projects that cross state and county boundaries.
The ire around RL21 centers around carbon dioxide pipeline projects east river. Many counties passed ordinances to regulate these projects.
“Pipeline developers face barriers to development where counties have different rules or apply different permitting standards across the length of the pipeline," said Martin Lockman, a climate law fellow at Columbia law school.
He said fragmented governance hinders development for these new kinds of pipelines, which can run for hundreds of miles through multiple states.
Summit Carbon Solutions wants to capture emissions from 57 ethanol plants across the Midwest and store the liquid carbon underground in North Dakota.
The state supreme court rejected permits for the company last year, saying it failed to follow ordinances for every county it passed through. So, in 2024, state lawmakers passed a law requiring counties prove their ordinances are reasonable.
SB 201, or RL21, holds companies liable for damages and also requires them pay counties for running their pipelines through the jurisdiction.
Critics say it weakens local control and property rights. It was unpopular enough that several lawmakers who voted for it lost in the primaries.
“What is happening in South Dakota is a model for what is happening across the country and could be a real barrier to, or boon to, C02 pipeline development, which has national and international implications,” Lockman said.
The vote represents a trend across the US.
Lockman said common concerns surround carbon dioxide pipeline development. Communities worry they see little benefit while taking on risk.
There’s also a broader environmental debate.
Some see carbon dioxide capture and sequestration as a means for halting the rise in global temperature. Other environmentalists see the projects as a way for oil and gas companies to extend the life of their infrastructure by presenting carbon capture as a solution.
“So, there are multiple tensions going on here. All of these can’t be taken individually. They all come alongside each other," Lockman added. "People who are deciding how to vote on this issue will have to grapple with all of these.”
Early voting is currently underway. Election day is November 5.
