News

April 12, 2024 News Round-Up

April 12, 2024 News Round-Up

Photo: WNAX


PIERRE, S.D. – South Dakota Governor Kristi Noem and Attorney General Marty Jackley have made an offer to the nine Native American tribes in the state to train tribal law enforcement officers.

In a letter to tribal leaders Noem and Jackley wrote that because of a well-documented shortage of tribal law enforcement officers the state of South Dakota will offer a tribal law enforcement-specific basic certification course this summer.

Currently, potential tribal law enforcement officers must spend 13 weeks receiving their law enforcement training in New Mexico, keeping them away from their families for that entire time. Conducting this first-of-its-kind training in South Dakota will allow tribal law enforcement to return home to their families on the weekends, which will boost retention and lead to the graduation of more certified officers.

Governor Noem has previously called attention to the challenges that tribal law enforcement faces due to underfunding from the Biden Administration. In February, she urged the U.S. Senate Committee on Indian Affairs to enhance public safety on tribal reservations. And in March, she called for a comprehensive, public, and transparent audit of all federal funds to South Dakota’s nine Native American tribes to help understand the funding level that is necessary to keep these communities safe.

 

TYNDALL, S.D. – South Dakota Attorney Marty Jackley has announced that a couple from Texas has been convicted of a combined six charges in connection with stealing or attempting to steal the property of another person.

A Bon Homme County jury Wednesday convicted Richard Spry, 82, of two felony counts of Grand Theft and one felony count of Conspiracy to Commit Grand Theft. Susan Spry, 75, was convicted of separate felony counts of Grand Theft and Conspiracy to Commit Grand Theft as well as one misdemeanor count of Theft by Exploitation. Both individuals are from League City, Texas.

The two were convicted of stealing money or property from an adult who was elderly or had a disability. The thefts ranged from $100,000 to $500,000 and included money from bank accounts and possession of vehicles.

“These two defendants preyed on a vulnerable member of our society,” said Attorney General Jackley. “Thank you to the Attorney General’s Elder Abuse and Financial Exploitation Unit for investigating and prosecuting this case, and to the jury for its just verdict.”

Sentencing for both individuals is scheduled for July 9. Richard Spry faces a maximum combined sentence of 27 years and Susan Spry faces a maximum combined sentence of 26 years. Both defendants remain out on bond.

The case was investigated and prosecuted by the Elder Abuse and Financial Exploitation Unit of the South Dakota Attorney General’s Office.

 

RAPID CITY, S.D. – Professional engineers studying the Hideaway Hills subdivision in Black Hawk, S.D., site of a 2020 sinkhole over an abandoned state-operated gypsum mine, say the remaining homeowners should leave because soils under and around their homes contain gypsum and present a very serious threat to their lives and property.

Those opinions are contained in two reports on geotechnical testing and core sampling commissioned by attorneys at the Fox Rothschild law firm, which represents the homeowners in a class-action lawsuit against the state of South Dakota set for trial later this year.

The studies, performed by two Wyoming-based engineering firms, reveal three discrete but interconnected problems for the 158 homes at Hideaway Hills, chief among them the presence of pulverized gypsum in the subsurface soils under homes and roads, not just in the abandoned mine below the surface. Testing shows the soils utilized by the state for mine reclamation contain an average of about 25 percent pulverized gypsum, with a high of 80 percent. Some residents are living in areas with 40 feet of fill dirt, a majority of which is pulverized gypsum.

The engineers conclude that stabilizing the homes and streets at Hideaway Hills is not feasible and that the best use of the land is to demolish the homes and mitigate the mine by turning the area into open space.

 

LINCOLN, NE – CO2 pipeline projects in South Dakota and Iowa have spawned protests and harsh opposition, but in Nebraska a peace treaty of sorts has been struck for a $1.5 billion pipeline project that crosses that state.

Kansas-based Tallgrass, which is converting a 392-mile natural gas pipeline to transport CO2, announced the agreement Tuesday with Bold Alliance, whose subsidiary, Bold Nebraska, was a leading opponent of the Keystone XL crude-oil pipeline.

Tallgrass is converting the former Trailblazer Pipeline — which runs from Beatrice, Nebraska, to eastern Wyoming — to carry carbon dioxide generated by ethanol plants for sequestration deep underground in Wyoming. The goal is to meet the demand for less carbon-intense biofuels in states seeking environmental benefits.

Under the “community benefits agreement,” Bold will not oppose the project in exchange for Tallgrass’ commitment to spend $600,000 to train and equip first responders on the pipeline route and to donate $500,000 to nonprofits in the counties on the route.

In addition, landowners on new pipeline laterals will have the option to receive yearly royalty checks, based on the volume of carbon dioxide being shipped, rather than a lump-sum payment for right of way upfront. And they will have the option of having Tallgrass remove the pipe and reclaim the land if the pipeline is later decommissioned.

A possible key to this agreement is the fact that Bold, realizing that most of the Tallgrass project was using existing pipeline, focused on getting the best deal for local landowners and communities, and to make sure first responders were prepared in the event of a pipeline leak.

Unlike other carbon pipelines being proposed in the Midwest, the Tallgrass/Trailblazer project utilizes an existing pipeline that’s being converted to handle CO2, though some new laterals will be built to ethanol plants.

Officials said the total number of miles of laterals is still undetermined.  So far, Tallgrass has announced agreements to serve two Nebraska ethanol plants, one in Columbus and one in Aurora, but more announcements are coming.

 

DES MOINES, IA – Iowa asked the state Supreme Court on Thursday to let its blocked abortion law go into effect and uphold it altogether.  At the same time abortion providers claim that the law infringes on women’s rights to exercise bodily autonomy.

The law bans most abortions after about six weeks of pregnancy and was in effect for a few days last July. A district court judge hit the pause button to ask the high court to assess its constitutionality. Iowa Gov. Kim Reynolds appealed the decision with the state Supreme Court’s permission.

Abortion remains legal in Iowa up to 20 weeks of pregnancy while the new law is on hold.

Iowa lawmakers passed the measure with exclusively Republican support during a one-day special session. The ACLU of Iowa, Planned Parenthood North Central States and the Emma Goldman Clinic filed a legal challenge the next day.

Thursday’s hearing in Iowa is the latest development in a yearslong legal battle over abortion restrictions in the state. The state Supreme Court would issue a decision by the end of its term in June, but that might not be the end of the argument.

The high court could decide to end the temporary pause without ruling on the law’s constitutionality or the standard to use in assessing it, instead sending the case back to lower courts for full arguments there.

The full court heard arguments on Thursday, suggesting all seven justices would consider the case.

There are limited circumstances under the Iowa law that would allow for abortion after six weeks of pregnancy: rape, if reported to law enforcement or a health provider within 45 days; incest, if reported within 145 days; if the fetus has a fetal abnormality  “incompatible with life”; or if the pregnancy is endangering the life of the woman. The state’s medical board recently defined rules for how doctors should adhere to the law.

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