Image courtesy of North Dakota Supreme Court
The Northwest Landowners Association has taken their fight to the North Dakota Supreme Court after losing their case against the state’s Industrial Commission. At issue is who has authority to approve underground carbon storage projects and related land access. The landowners and North Dakota Farm Bureau argue it’s unconstitutional for the Industrial Commission to authorize carbon sequestration projects and condemn private property for access. A lower court dismissed their case, ruling they filed too late under the statute of limitations. Farm Bureau attorney Drew Cook argued that citizens should be able to challenge government actions affecting their rights regardless of when a law was passed. Meanwhile, attorneys for the state and Basin Electric Power Cooperative defended the district court’s decision. The Supreme Court will issue its ruling on this dispute over carbon storage authority at a later date.
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