A district court judge ruled Tuesday that North Dakota’s carbon storage law is unconstitutional, potentially impacting the Summit Carbon Solutions pipeline project, according to reporting by Jacob Orledge and Amy Dalrymple from the North Dakota Monitor.
Judge Anthony Swain Benson found the law violates property rights by allowing government-authorized takings without an avenue for “just compensation” determined by a jury. The law requires landowners to participate in underground carbon storage if 60% of affected property owners agree.
The ruling could void Industrial Commission orders requiring landowner participation in carbon storage facilities. Attorney General Drew Wrigley says his office is evaluating legal options, and an appeal to the state Supreme Court is expected.
Comments