Summit Carbon Solutions, a company seeking approval for a 2,500-mile liquefied carbon dioxide pipeline, has taken legal action against South Dakota Public Utilities Commissioner Kristie Fiegen, alleging a conflict of interest and requesting her recusal from voting on their pending permit application. The company’s lawsuit, filed in Hughes County, claims that Fiegen’s sister-in-law and her husband accepted $88,755 for an easement allowing the proposed pipeline to cross their land. Despite Fiegen previously recusing herself from Summit-related matters, she has refused to do so this time, citing her duty as an elected official.
Summit’s pipeline project has already received approvals from regulators in Iowa, North Dakota, and Minnesota, with CEO Lee Blank expressing less concern about Nebraska due to the lack of state regulations on carbon pipelines. However, the company still needs approval from counties in Nebraska. Summit argues in its lawsuit that Fiegen’s failure to explain her lack of conflict and her refusal to recuse herself raise concerns about the fairness of the quasi-judicial proceedings.
In a letter to Fiegen, Summit’s attorney Jess Vilsack pointed out that her close family members own land that would be affected by the pipeline, potentially benefiting financially from its approval. Vilsack highlighted the conflict of interest that arises when a public official participates in a proceeding that directly impacts their family’s financial interests. He emphasized that Fiegen’s refusal to recuse herself could render any decisions made in the case void.
Fiegen did not respond to requests for comment, and a commission spokesperson declined to comment on the pending litigation. Summit’s lawsuit contends that the company has no adequate remedy in the ordinary course of law to address Fiegen’s refusal to step aside from the proceedings. The legal action seeks to ensure a fair and impartial decision-making process that upholds the integrity of the regulatory system.
This legal dispute raises important questions about the ethical obligations of public officials and the need for transparency in decision-making processes. As the energy sector continues to evolve, issues of conflicts of interest and regulatory oversight become increasingly significant. It is essential for regulatory bodies to maintain public trust by ensuring that decisions are made impartially and without bias.
For more information on this issue and other agricultural news, please visit www.agri-pulse.com. The outcome of Summit Carbon Solutions’ legal challenge against Commissioner Fiegen will have implications for the future of the company’s pipeline project and the broader regulatory landscape surrounding carbon infrastructure. It remains to be seen how the court will respond to Summit’s allegations and whether Fiegen will ultimately recuse herself from the proceedings to address the conflict of interest concerns raised by the company.
