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BISMARCK, N.D. (Prairie News Service) – A lengthy legal fight pitting North Dakota landowners against an emerging type of infrastructure is now expected to head to the state Supreme Court.
Grassroots organizers secured another win in their push to block underground storage of carbon dioxide. Last week, a judge said a state permit granted to Summit Carbon Solutions to store carbon emissions from ethanol plants underground was no longer valid. At the heart of the ruling was whether a North Dakota law to forcibly use private property for the project was constitutional.
Troy Coons, chairman of the Northwest Landowners Association, feels good about the prospects if the arguments reach the state’s highest court. He said last week’s ruling, along with a similar decision in December, indicates they have a strong argument.
“This was a big win,” Coons emphasized. “It just reinforced that you have a judge in one area and another district judge, both agreeing with different rulings but sending the same message.”
Attorneys with the state defended the 2009 North Dakota law in question while hinting they could seek an appeal. Summit Carbon Solutions said it’s weighing similar legal steps and remains committed to the project. The company is planning a multistate pipeline for capturing carbon emissions, with the North Dakota storage site serving as an endpoint. Other legal setbacks on the South Dakota side have altered the company’s plans.
Coons predicted other Midwestern property owners will face pressure to sign over their land, with the federal government still strongly pushing tax credits for carbon storage projects. He fears aggressive tactics will be used in some cases.
“If that is part of the negotiation, that’s not truly a fair negotiation if you have the heavy hand of the government backing them,” Coons contended.
Property owners who have not agreed to land deals with Summit have accused staff of intimidating behavior, something the company denies. While the proposed project is steeped in a legal mess, Summit said if built, it would be the nation’s largest carbon capture and storage initiative. Aside from landowner rights, skeptics said the pipeline is not as climate-friendly as it sounds because the emissions could be used to extend fossil fuel production.
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