In a significant legal defeat for Summit Carbon Solutions, a second North Dakota district judge has ruled that the state’s carbon dioxide storage laws are unconstitutional, effectively revoking the company’s permits for underground sequestration, according to reporting by Jacob Orledge from the North Dakota Monitor.
The ruling was issued by South Central Judicial District Judge Jackson Lofgren, and it follows a similar decision in December. It creates a major roadblock for the planned $8 billion carbon pipeline network. Judge Lofgren’s decision centers on “amalgamation,” a process where state regulators can force non-consenting landowners to participate in storage projects if 60% of their neighbors agree.
The ruling essentially voids the Industrial Commission’s December 2024 approval of three sequestration facilities in Oliver, Mercer, and Morton counties. The 2,500-mile pipeline network was designed to transport 18 million tons of CO2 annually from ethanol plants in five states. “As it stands right now, Summit no longer has any permits to do carbon sequestration in North Dakota,” stated landowners’ attorney Derrick Braaten.
Attorney General Drew Wrigley’s office is currently reviewing the decision, with a state Supreme Court appeal widely expected.
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