The future of a widely debated carbon capture and storage pipeline plan by Summit Carbon is once again uncertain, following the latest decision by the South Dakota Supreme Court mandating that the case be sent back to lower courts for additional legal proceedings.
The project proposed by Summit Carbon involves building a pipeline network that will span across five states, designed to carry captured carbon dioxide emissions to an underground storage location in North Dakota.
Summit Carbon has partnered with 57 ethanol facilities in Iowa, Minnesota, North Dakota, South Dakota, and Nebraska. The company intends to capture carbon from these plants, compress it, and transport it to North Dakota for permanent underground storage in deep geological formations.
In 2022, the company informed nearby landowners that it would carry out studies on their land, regardless of their approval. The property owners declined to give their consent for the surveys and subsequently filed lawsuits in the state’s 3rd and 5th Circuit Courts.
In a court ruling dated April 21, Fifth Circuit Judge Richard Sommers granted Summit Carbon’s petition for a summary judgment to carry out the contentious surveys. This decision permitted Summit Carbon to access the properties of landowners opposed to the project in Brown, Edmunds, McPherson, and Spink counties.
Relevant: Iowa Lawmakers Challenge Summit Carbon Solutions’ Pipeline Approval
Following an appeal from the local landowners, South Dakota Justice Janine Kern stated that the lower courts “erred in granting summary judgment because SCS has not demonstrated that it is a common carrier holding itself out to the general public as transporting a commodity for hire.”
This distinction is vital in this situation, as the classification of a “common carrier,” which refers to a private or public organization that transports goods in exchange for a fee, would allow the pipeline developer to obtain private property via eminent domain.
In reaction to this situation, representatives from Summit Carbon have stated that the company will carefully evaluate the Supreme Court’s ruling and that it is preparing to provide evidence that backs their position as a common carrier, asserting that CO2 qualifies as a commodity.
Summit Purchases Land Easement Agreements
Meanwhile, the company has acquired land easement agreements from Navigator CO2. Navigator, a former competitor which had plans for a vast carbon pipeline network in the Mid-west, but abandoned its project in October 2023.
But with the agreements already signed and in force, Summit has decided to expand its potential network by targeting specific locations that align with its already confirmed route.
There are confirmed purchases in Iowa, Nebraska, Minnesota and North Dakota, though only Iowa has given its approval for pipeline construction.
Read more: Summit Carbon Pipeline Nears Final Approval in Minnesota
