Last updated on 2012.12.09
Dennis, I told you so.
In a stunning about face, Governor Dennis Daugaard has declared that TransCanada's assurances about the safety of its controversial Keystone XL pipeline are not enough:
Gov. Dennis Daugaard will ask the Legislature this session to "impose additional protections" on the Keystone XL pipeline, similar to concessions that Nebraska lawmakers recently won from TransCanada, a spokesman said Friday.
...Daugaard spokesman Tony Venhuizen said offering similar protections for South Dakota is only fair.
"We've already let TransCanada know that they can't be cutting special deals for some states just because they protest more," he said. "The squeaky Cornhusker wheel shouldn't get all the grease" [Cody Winchester, "Pipeline Plan Meets Growing Resistance," that Sioux Falls paper, 2011.10.30].
I don't want to get my hopes up, but one could read Governor Daugaard's change in position as a significant turning point in the debate over Keystone XL. Dennis Daugaard is a conservative, pro-business governor who has had nothing but good things to say about TransCanada and its tar sands oil pipeline system. In September he said existing state regulations were sufficient to guarantee safety and accountability on the pipeline. He asserted his faith in TransCanada in a letter submitted at the September 29 State Department hearing in Pierre.
I would like to think the governor changed his mind out of something more than Cornhusker envy (although I'll take a victory against Keystone XL wherever I can get it). In that September letter to Secretary Clinton, Governor Daugaard said that "landowners hold a precious, even sacred, bond to their land." Maybe he took a look at the long list of South Dakotans facing eminent domain lawsuits from TransCanada and felt sick to his Republican stomach (as ought we all!). Perhaps he figured that if white folks and Indians can agree to protest Keystone XL, it must be really bad.
Whatever tipped the scales for the governor, we should all be grateful that he has admitted he was wrong about TransCanada. But we should also remain vigilant. Governor Daugaard hasn't laid out a specific legislative package to address his newfound concerns about Keystone XL. We must hold the governor to his word, tell out legislators to do the same, and demand some serious safeguards, including a stringent and non-capped pipeline tax as insurance against major oil spills.
Of course, maybe we won't need a legislative package. Maybe just this declaration will be enough to make TransCanada realize it's losing its propaganda campaign to put the prairie at risk. Maybe President Obama will see that when Keystone XL raises concerns even among conservative Republican governors, denying the pipeline its permit will be not only good for his political fortunes, but good for South Dakota and good for America.
Bonus Documentation: Below is the list, compiled by Cody Winchester, of TransCanada's eminent domain lawsuits in South Dakota, including the many neighbors who lost their property rights for the first Keystone pipeline across eastern South Dakota.
DEFENDANT | COUNTY | STATUS | DATE FILED | DOCKET NO. |
Keystone XL | ||||
1. Ruth Iverson | Jones | Hearing pending | 7/1/2011 | 37CIV11000023 |
2. John and Tammy Harter | Tripp | Hearing held | 5/25/2011 | 61CIV11000062 |
3. Clinton Iverson | Jones | Hearing pending | 3/30/2011 | 37CIV11000012 |
4. Beatrice, James, Joseph and James Rathburn, Lon Lyman | Jones | Hearing pending | 3/30/2011 | 37CIV11000013 |
5. George Iverson | Jones | Unlisted | 2/14/2011 | 37CIV11000006 |
6. Rita Robinson | Jones | Hearing pending | 2/14/2011 | 37CIV11000008 |
7. Deloris Iverson | Jones | Unlisted | 2/14/2011 | 37CIV11000007 |
8. Patterson Construction, Jerry, Joan and April Patterson | Haakon | Hearing pending | 12/20/2010 | 27CIV10000047 |
9. Lon Lyman | Jones | Hearing pending | 12/16/2010 | 37CIV10000018 |
10. Thomas and Marcia Laprath, First Fidelity Bank | Tripp | Unlisted | 10/4/2010 | 61CIV10000114 |
11. Nina Vansickel, Norman R Vansickel Trust and Margaret Vansickel Trust | Meade | Unlisted | 10/1/2010 | 46CIV10000619 |
12. Nina Vansickel | Meade | Unlisted | 10/1/2010 | 46CIV62000619 |
13. Nina Vansickel | Meade | Unlisted | 10/1/2010 | 46CIV10000620 |
14. Robert Jones and Charles Blain | Meade | Terminated | 10/1/2010 | 46CIV10000621 |
15. Edward Wallace | Jones | Jury trial pending | 10/1/2010 | 37CIV10000012 |
16. Leroy Volmer | Jones | Jury trial pending | 10/1/2010 | 37CIV10000013 |
17. Reverse El Ranch | Perkins | Unlisted | 9/30/2010 | 52CIV10000044 |
18. Russ Wyant, Casey & Edward Humble | Perkins | Unlisted | 9/30/2010 | 52CIV10000045 |
19. 28 defendants | Harding | Unlisted | 7/18/2011 | 31CIV11000028 |
20. QEP Resources, Lloyd Parks, Jean Tennant | Harding | Unlisted | 1/26/2011 | 31CIV11000011 |
21. Bledsoe Land Company | Harding | Unlisted | 1/10/2011 | 31CIV11000004 |
22. Jeff Leber | Tripp | Terminated | 10/27/2010 | 61CIV10000127 |
23. Lorraine Sacquitne and Roger Gunderson | Harding | Terminated | 9/30/2010 | 31CIV10000017 |
24. 21 defendants, Protect South Dakota Resources (intervenor) | Harding | Terminated | 5/22/2009 | 31CIV09000011 |
Keystone I | ||||
1. 36 defendants | Yankton | Terminated | 10/14/2008 | 66CIV08000643 |
2. Dean and Cynthia Farley | Yankton | Terminated | 8/27/2008 | 66CIV08000533 |
3. Donald, Dorothy and Dan Jensen, Farm Credit Services of America | Beadle | Terminated | 7/15/2008 | 02CIV08000333 |
4. Heine Farms & Jerry Poeschl | Yankton | Terminated | 7/15/2008 | 66CIV08000400 |
5. J. James Neu Trust | Yankton | Terminated | 7/15/2008 | 66CIV08000401 |
6. Holdgrafer Family Partnership, Eric Meire | Clark | Terminated | 7/15/2008 | 12CIV08000023 |
7. Donald and Ava Tucker | Yankton | Terminated | 7/15/2008 | 66CIV08000402 |
8. William and Kenneth Klimisch, Karel Toohey | Yankton | Terminated | 7/15/2008 | 66CIV08000403 |
9. Wayne Foote | Marshall | Terminated | 11/6/2008 | 43CIV08000071 |
10. Norjo, Inc. | Miner | Terminated | 10/17/2008 | 48CIV08000067 |
11. Bradley, Gregory, Jeffrey, Jon, Susanne, Bonita, Tamara, Rhona Albrecht and Wells Fargo Bank | Miner | Terminated | 10/7/2008 | 48CIV08000068 |
12. James and Ramon Feller, Mark Wattier | Day | Terminated | 7/14/2008 | 18CIV08000078 |
13. James and Ramon Feller, Greg Bonn | Day | Terminated | 7/14/2008 | 18CIV08000079 |
14. Edward and Deette M Goss Living | Kingsbury | Terminated | 7/14/2008 | 38CIV08000059 |
15. Debbra and William Calmus, Wayne Moore, Farm Credit Services of America | Miner | Terminated | 7/14/2008 | 48CIV08000044 |
16. Gene Hofer | Miner | Terminated | 7/14/2008 | 48CIV08000045 |
17. Arthur Stip, Cortrust Bank | Miner | Terminated | 7/14/2008 | 48CIV08000046 |
18. Richard and Bernetta Burghardt, Great Plains Bank | Miner | Terminated | 7/14/2008 | 48CIV08000047 |
19. Milo Stip, Cortrust Bank | Miner | Terminated | 7/14/2008 | 48CIV08000048 |
20. Orville Hofer Trust | Miner | Terminated | 7/14/2008 | 48CIV08000049 |
21. Luella Wagner, Kevin Anderson | Day | Terminated | 12/26/2007 | 18CIV07000144 |
22. Jean Burger and Greg Johnson | Marshall | Terminated | 10/22/2007 | 43CIV07000069 |
23. Michael Burger and Farm Credit Services of America | Marshall | Terminated | 10/22/2007 | 43CIV07000070 |
24. Robert and Janice Carlson, Wells Fargo Bank | Marshall | Terminated | 10/22/2007 | 43CIV07000071 |
25. Donald Fisher | Marshall | Terminated | 10/22/2007 | 43CIV07000072 |
26. Wayne Foote | Marshall | Terminated | 10/22/2007 | 43CIV07000073 |
27. Richard and Mary Hastings | Marshall | Terminated | 10/22/2007 | 43CIV07000074 |
28. Darlene and Robert Hastings | Marshall | Terminated | 10/22/2007 | 43CIV07000075 |
29. Aletta and Joshua Kraft, Renald and Allison Tank, Dacotah Bank | Marshall | Terminated | 10/22/2007 | 43CIV07000076 |
30. Newark Co. and Dorn Malpert | Marshall | Terminated | 10/22/2007 | 43CIV07000077 |
31. Mary and Calvin Hayenga, Farm Credit Bank of Omaha | Day | Terminated | 10/19/2007 | 18CIV07000114 |
32. Schuring Farms, Inc., and Metropolitan Life Insurance Co. | Day | Terminated | 10/19/2007 | 18CIV07000115 |
33. Raymond and Lillian Anderson, Farm Credit Services of America | Marshall | Terminated | 9/7/2007 | 43CIV07000051 |
34. James Bush and BDM Rural Water System, Inc. | Marshall | Terminated | 9/7/2007 | 43CIV07000052 |
35. Donald and David Doctor | Marshall | Terminated | 9/7/2007 | 43CIV07000053 |
36. Robert Farrar, Don Tisher and First Savings Bank | Marshall | Terminated | 9/7/2007 | 43CIV07000054 |
37. Merl Moeckly, Darian Kilker and BDM Rural Water System | Marshall | Terminated | 9/7/2007 | 43CIV07000055 |
38. Gene Tisher | Marshall | Terminated | 9/7/2007 | 43CIV07000056 |
39. Ronald and Jeanne Smeins, Shawn Gengerke | Day | Terminated | 9/5/2007 | 18CIV07000087 |
40. Richard Voss and Richard Voss Trust | Day | Terminated | 9/5/2007 | 18CIV07000088 |
41. Lois Albin and James Olson | Day | Terminated | 9/5/2007 | 18CIV07000089 |
Typical conservative. Bend over to anything business asks for since business and money is their god. But when they find out that they could have a better deal and get by with it they will have their hand out as soon as they can. Why not just do what is right for people that God made and the earth that God made right away and let the businesses and government and people adjust to what is right rather than for everyone to just wish for what is good and right.
When the first pipeline got thirteen leaks in the first year with a brand new pipe, how many leaks do you think it will get when it is an old pipe and the frost gives it a few bends. Sometimes we need to think before we just trust anyone with a big fist full of money. South Dakota has survived a long time without being a big business state(not many large businesses). We can have a better life if we are willing to change for progress but only change for good progress.
I can't help but wonder whether Mr. Daugaard's reversal on KXL is a ploy to deflect attention from his flagrant conflict of interest in the Native foster children seizure scandal. Let's keep the pressure on this governor and discuss his recall.
Roger, South Dakota's leaders definitely need to pay more attention to this issue. Larry, even if it is a ploy, I'll take it. Daugaard is now on record saying we need more safety precautions than what Keystone XL offered. We can hold Daugaard to his word (and the Legislature to carrying out his word) and still keep up pressure on the foster care issue. (And maybe, just maybe, as I reach for hope, cooperation with Native and white Keystone XL opponents can give Daugaard just a little more entry in to the foster care discussions with the tribes.)