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Landowner Update (December 2023): Summit CO2 Pipeline

Mark Hefflinger, Bold Alliance (Photo: Bryon Houlgrave/Des Moines Register

By Mark Hefflinger

News December 18, 2023

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Several carbon dioxide (CO2) pipeline projects in the Midwest have recently seen their permit applications rejected in multiple states. One of the proposed carbon pipelines (Navigator CO2 Ventures) has made the decision to cancel its pipeline project, after two years of efforts and hundreds of millions of dollars wasted, while two others – Summit and Wolf, have seen state agencies either recommend rejection of their permits or outright reject their permit applications, often citing landowner and community opposition. 

Both Summit and Wolf have stated they intend to re-file for permits after addressing various state agency concerns, but the facts on the ground indicate vocal and insurmountable local resistance from communities to all dangerous carbon dioxide pipelines and “carbon capture” underground sequestration projects. 

Summit Carbon Solutions, whose pipeline permit applications have so far been rejected by state regulatory agencies in North Dakota and South Dakota, and also saw its sequestration pore space efforts rejected by a key County, is now telling its investors the project is two years behind schedule. Meanwhile, Wolf Carbon Solutions recently withdrew its permit application in Illinois, where staff with the state regulatory agency recommended denial of its permit. The Illinois Commerce Commission’s staff report also called for a moratorium on any new CO2 pipeline permit application submissions in the state until the U.S. Dept. of Transportation’s PHMSA (Pipeline and Hazardous Materials Safety Administration) issues new safety standards for CO2 pipelines, a rulemaking undertaken in the aftermath of the 2020 Denbury CO2 pipeline rupture in Satartia, Mississippi – which caused the evacuation of the town and sickened dozens of residents, some of whom still report adverse health impacts to this day. 

Despite these growing setbacks, Summit recently sent out several fancy new mailings to landowners touting its progress, which stand in stark contrast to the facts on the ground: 

VIEW & DOWNLOAD THE FULL SUMMIT LANDOWNER UPDATE (PDF)

BOLD-Summit-Facts-Brochure-Web

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Iowa

  • 78% of Iowans oppose the use of eminent domain for carbon pipelines (Des Moines Register poll: March 14, 2023)
  • Summit has not yet obtained voluntary easements on nearly 1,000 parcels of Iowa land that would be forced to give it up through eminent domain 
  • Summit has paused or withdrawn multiple permit requests, regarding air quality, with the Iowa Dept. of Natural Resources
  • 7 Iowa Counties have passed local ordinances to regulate CO2 pipelines
  • 4 additional Iowa Counties have initiated the process to pass local ordinances 
  • 44 Iowa Counties have submitted formal objections to CO2 pipelines with the Iowa Utilities Board
  • 30 Iowa cities and towns have submitted formal objections to CO2 pipelines with the IUB
  • 24 local entities (School Districts, Water Conservation Districts, Conservation Boards, City Development, Central Committees) have submitted formal objections to CO2 pipelines with the IUB
  • 3 Iowa landowners are suing the Iowa Dept. of Natural Resources over its approval of a water permit that would allow Summit to take 55.9 million gallons per year
  • Summit’s original budget has increased by $1.9 billion, or 32% of Summit’s expenditures across all states.
  • 12 Iowa landowners sued by Summit over survey access to their land
  • 3 Iowa Counties, Shelby, Story, and Emmet sued by Summit over local ordinances passed

Nebraska

  • 68% of Nebraskans oppose the use of eminent domain for private gain for pipelines (Change Research poll: March 2022)
  • There is no state agency to regulate CO2 pipelines in Nebraska (The Nebraska Public Service Commission has stated it has no authority)
  • 3 Counties have tabled, citing too many open issues and other states denying permits, no permit with the Army Corp of Engineers, 1 of these counties zoning committee is requiring 100% easements
  • 1 County Road Superintendent demanding 96 inches under ditches and even deeper under roadways, Summit not responding
  • A bill intended to reform eminent domain policy is expected in the Nebraska Legislature in 2024.

North Dakota

  • Summit’s carbon pipeline permit request was denied 3-0 by the Public Service Commission – a historic victory in a state that has never denied a pipeline permit before.
  • 5 North Dakota Counties have passed ordinances regulating CO2 pipelines
  • 2 North Dakota Counties (?) have denied permits that Summit requires in order to sequester carbon.
  • North Dakota’s state survey and amalgamation laws are being challenged in court.
  • Summit has proposed a new route, moving the pipeline off the land of many North Dakota Easement Action Team members.
  • Bismark is still opposing Summit’s new application and has filed to participate as an intervenor, even though the pipeline route was moved.
  • 26 North Dakota landowners sued by Summit over survey access to their land. Cases consolidated on appeal before ND Supreme Court.

South Dakota

  • Summit’s failure to comply with county ordinances led the South Dakota Public Utilities Commision to deny Summit’s permit application 3-0.
  • 160 landowners were sued by Summit to gain survey access to their land. Multiple cases now on appeal to the SD Supreme Court.
  • 160 South Dakota landowners were sued by Summit seeking eminent domain authority to seize their land before it had obtained a state permit. Landowners have obtain dismissals of these lawsuits.
  • 4 South Dakota Counties have passed local ordinances to regulate CO2 pipelines
  • 4 South Dakota Counties have been sued by Summit over local ordinances
  • 6 South Dakota Counties have passed resolutions placing a moratorium on carbon pipelines.
  • After public backlash, Summit withdrew a permit application for the annual use of more than 20 million gallons of water.

Illinois

  • Illinois Commerce Commission staff twice recommended rejection of Navigator’s CO2 pipeline permit application before the company canceled the project
  • At the time Navigator canceled its proposal, the company had obtained fewer than 15% of voluntary easements needed, despite over a year in the field, and had not yet signed any actual deal with its ethanol plant partner, ADM
  • While Navigator has laid off most staff, the company continues work to obtain sequestration wells and leases for pore space in several counties. 
  • Illinois Commerce Commission staff have recommended rejection of Wolf + ADM’s carbon dioxide pipeline permit application
  • Illinois Commerce Commission staff recommend that *no* carbon dioxide permit applications be considered by the agency until after the U.S. Dept. of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) released updated safety regulations for CO2 pipelines.
  • A third proposed CO2 pipeline project from One Earth has applied to build a 7.5-mile pipeline to connect to a single ethanol plant, but the size of pipe planned could carry far more CO2.
  • Landowners are organizing their County Farm Bureaus to bring a resolution to the December annual meeting of the Illinois Farm Bureau, to pressure them to oppose eminent domain for private gain and support a moratorium on CO2 pipelines.

Satartia, Mississippi

  • 2 ruptures actually occurred during 2020 on Denbury Corporation’s carbon dioxide pipeline located 1 mile southeast of the town of Satartia, Mississippi.
  • 300 people were evacuated during the 1st release on Feb. 22, 2020
  • 45+ people were hospitalized after the 1st release with symptoms including unconsciousness, foaming at the mouth, difficulty breathing, disorientation, unable to effectively communicate, headaches, difficulty concentrating, muscle tremors
  • 31,407 barrels of CO2 released in the 1st pipeline rupture on Feb. 22 
  • 41,000 barrels of CO2 released in the 2nd pipeline rupture on Oct. 4 
  • A $2.9 million penalty was assessed against Denbury for the 2020 disaster, the second-largest penalty ever lodged by U.S. federal regulators
  • In the aftermath of the Satartia disaster, the U.S. Dept. of Transportation’s PHMSA (Pipeline and Hazardous Materials Safety Administration) also initiated a rulemaking for new CO2 pipeline safety standards, which are expected to be released sometime in 2024.

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In the news 

While Summit Carbon Solutions is hard at work contriving their next propaganda piece, landowners across the Midwest are fighting to protect our land, our livelihoods, and our legacies. 

To find out more information about how you can join a state Easement Team – the landowners’ legal co-ops in each state that are sharing legal costs to fight eminent domain seizure of their property and attorneys representation at state agency evidentiary hearings, visit: 

For more information on CO2 pipelines:
Pipeline Fighters Hub: https://PipelineFighters.org 

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