Underground Infrastructure - October 2023 - 11

community members. We are hopeful that
through collaborative engagement with these
counties we can forge a path forward to
benefit South Dakota and its citizens. "
Omaha-based attorney Brian Jorde, who
represents hundreds of people Summit has
sued in South Dakota to take their land for its
pipeline, said Summit's proposed route in the
state presented an " impossibility " to the panel,
with a route that " cannot be constructed. "
The decision comes as other states
continue to weigh Summit's project.
The Iowa Utilities Board began its Summit
hearing last month, expected to last weeks.
The hearing is scheduled to resume Tuesday
with Summit witnesses.
In August, North Dakota regulators denied
Summit a permit for its 320-mile proposed
route through the state. Summit subsequently
asked that state's Public Service Commission
to reconsider. The panel held a work session
with a decision yet to come.
Minnesota regulators voted to proceed
with an environmental review for a small part
of the overall project, a 28-mile segment in
Minnesota that would connect an ethanol
plant in Fergus Falls to the North Dakota
line, where it would connect with Summit's
broader network.
Biden restores states' and
tribes' authority over waterways,
including gas pipelines
States and Native American tribes will have
greater authority to block energy projects
such as natural gas pipelines that could
pollute rivers and streams under a final rule
issued Thursday by the Biden administration.
The rule, which takes effect in November,
reverses a Trump-era action that limited the
ability of states and tribes to review pipelines,
dams and other federally regulated projects
within their borders. The Environmental
Protection Agency says the new regulation
will empower local authorities to protect rivers
and streams while supporting infrastructure
projects that create jobs.
" We actually think this is going to be great
for the country, " said Radhika Fox, assistant
administrator for water. " It's going to allow
us to balance the Biden administration goals
of protecting our water resources and also
supporting all kinds of infrastructure projects
that this nation so desperately needs.''
Fox did acknowledge at a briefing that
the water rule will be significantly slimmed
down from an earlier proposal because
of a Supreme Court ruling that weakened
regulations protecting millions of acres of
wetlands. That ruling, in a case known as
Sackett v. EPA, sharply limited the federal
government's jurisdiction over wetlands,
requiring that wetlands be more clearly
connected to other waters such as oceans
and rivers. Environmental advocates said the
May decision would strip protections from
KEMTRON 200 Pro™
Industry Leading
Packaged Fluid
Recycling System
* Largest Screening
Surface Area
* DuroLast RB™ Abrasion
Resistant Slurry Pumps
* 850 Gallon Fluid Tank
* EPA Tier-4 20kW
Generator
www.elginseparationsolutions.com
UndergroundInfrastructure.com | OCTOBER 2023 11
http://www.elginseparationsolutions.com http://www.UndergroundInfrastructure.com
Underground Infrastructure - October 2023

Table of Contents for the Digital Edition of Underground Infrastructure - October 2023
