The South Dakota Supreme Court has dealt a significant setback to Summit Carbon Solutions’ proposed carbon capture pipeline project.
The court has denied the company’s petition for a rehearing, leaving the case in the hands of a lower court.
In August, the court ruled against Summit, rejecting its argument that captured carbon dioxide should be considered a “commodity.”
The court determined that the intended use of the carbon dioxide is a crucial factor in determining whether it qualifies as a commodity.
Furthermore, the court ruled that Summit does not have the authority to use eminent domain to seize property from landowners in South Dakota for its pipeline project.
Summit Carbon Solutions has indicated that it will continue to fight for the project, stating that it remains confident in its ability to demonstrate that it qualifies as a common carrier.
The company plans to present new evidence to the lower court in support of its case.
Read more: Iowa Lawmakers File Lawsuit Against Summit Carbon Pipeline Approval
