Dusty Johnson bill sounds alarm

South Dakota Congressman Dusty Johnson, a republican, introduced a bill on June 25, 2025, to encourage states to participate in an online permitting process on Clean Water Act projects.

The bill, HR 4135 “to encourage States to participate with the Federal Permitting Improvement Steering Council’s online dashboard for certain covered projects” caught the attention of many in South Dakota who believe the bill could be an effort to pave the way for carbon pipeline permitting.

A staff member of Johnson’s, told TSLN With respect to any covered project (as defined under section 41001 of the FAST Act (42 U.S.C. 4370m)) for which a certification or permit from a State under section 401, 402, or 404 of the Federal Water Pollution Control Act is required, the State is encouraged to choose to participate, to the maximum extent practicable, in the environmental review and authorization process under section 41003(c) of the FAST Act (42 U.S.C. 4370m–2(c)), pursuant to paragraph (3)(A) of such section.

Johnson, who serves on the House Transportation and Infrastructure Committee, worked directly with that committee and President Trump to write the legislation, said the Johnson staffer.

“This bill has nothing to do with carbon pipelines,” she said.

Drew Dennert, a commissioner in Brown County, South Dakota, one of the first counties to establish setback rules to keep carbon pipelines at least 1,500 feet from residences and places of business, said Congressman Johnson’s bill raises concern for him. “Actions speak louder than words, and unfortunately, Congressman Johnson’s past actions make it clear that his lobbyist friends in the CO2 pipeline industry come before South Dakota’s farmers and ranchers. At best, this bill does very little to help South Dakotans. At worst, it’s another attempt to ram the Summit pipeline through against the will of the people. It doesn’t pass the smell test in my book.”

Johnson’s staff said the bill only applies to the clean water act, but Mark Lapka, a South Dakota Republican Senator from Leola, said this online: “The question is whether carbon pipelines are affected by the proposed legislation. The answer is unfortunately yes. Carbon pipelines companies have sought the permits for water crossings that are referenced in HR 4135, which qualifies carbon pipelines as covered under the FAST act.”

Johnson’s staff member replied, “any claim that HR 4135 will allow the government to fast track carbon pipeline projects is completely false.”