Summit Carbon Solutions has temporarily suspended its application for permits related to a carbon capture pipeline project in South Dakota, following the recent signing of a law that bans the use of eminent domain for CO2 pipelines within the state.
The company had sought approval from the South Dakota Public Utilities Commission (PUC) to define a specific route for constructing and operating the pipeline.
According to Summit‘s legal team, this process necessitates conducting physical surveys along the proposed path.
Under state law, Summit must secure both a permit and the legal right to seize property through eminent domain in order to carry out the required surveys.
However, South Dakota Governor Larry Rhoden recently signed House Bill 1052, which prohibits the use of eminent domain for acquiring land needed for the pipeline.
As a result of this new law, Summit argues that the inability to carry out the necessary surveys has disrupted its original timeline, making the deadlines set by the PUC unfeasible.
Relevant: South Dakota Governor Bans Eminent Domain For Carbon Pipelines
In response, Summit has requested that the PUC halt the application process and extend the current deadline indefinitely.
A representative for Summit emphasized that the surveys are essential to proving the feasibility of constructing and operating the pipeline along the proposed route.
The enactment of House Bill 1052 has significantly altered Summit’s ability to conduct these surveys, leading the company to request a revision of the schedule to reflect the new circumstances.
Read more: Summit Carbon Solutions And Infinium Partner On eFuels
