Landowners Continue Fight After North Dakota Public Service Commission Approves Summit CO2 Pipeline Permit

FOR IMMEDIATE RELEASE: Nov. 15, 2024

Landowners Continue Fight After North Dakota Public Service Commission Approves Summit CO2 Pipeline Permit

Summit still needs pipeline permits from S.D. and MN; and sequestration permit in N.D.

Bismarck — Landowners in North Dakota impacted by Summit Carbon Solutions’ proposed multi-state CO2 pipeline vowed to continue fighting against eminent domain, and to protect their communities – after the North Dakota Public Service Commission (ND PSC) issued a decision on Friday authorizing a permit for Summit to construct the pipeline in North Dakota.

The PSC said that it is not concluding today with its decision that Summit Carbon Solutions is a “common carrier,” nor that they qualify for eminent domain. If Summit were to seek to enforce eminent domain seizure of a landowner’s property against their will for the project, an affected landowner could ask the court to determine whether Summit qualifies as a common carrier and be empowered to use eminent domain against landowners.

“My first thought would be that we need to challenge the common carrier status of CO2 pipelines and restore power over zoning for pipelines to our County Commissions. This is an attack on our property rights. Summit Carbon has shown my community who they are, after threatening the use of Eminent Domain at an Emmons County Commission meeting,” said landowner David Moch, a farmer in Emmons County.

“The PSC has not allowed us to even understand how safe this pipeline is, by hiding the plume modeling from us. If our counties can’t rule on their safety, and the PSC doesn’t either, then no one in the state is looking out for our safety,” said Kevin Frederick, a Bismarck Resident.

“No surprise on the decision. We need to analyze the written decision. Like in Iowa, the courts will sort this out and ultimately decide if the PSC decision will stand or be reversed. The PSC did not determine Summit is a common carrier and did not determine if Summit is able to use eminent domain. Those questions are likely also headed to the courts. Stay tuned,” said Brian Jorde, attorney for North Dakota landowners with the North Dakota Easement Team, and Omaha-based Domina Law Group.

“To say this is a disappointing result would be an understatement. As Dakota Resource Council staff has been closely watching these proceedings you can see that the Public Service Commission has done a lot to justify why they can’t make public safety decisions, which is at odds with their decision from last year. The state has done a lot to take away public safety decisions from our local governments, so if they are unable to protect us and the PSC won’t, who among our leaders can or will?,” said Scott Skokos, Dakota Resource Council.

“With an alarming 200 parcels now facing condemnation, the depravity of Summit’s project continues to grow. It’s disappointing to see the Commission attempt to legitimize this greed-fueled landgrab. Summit’s shameless disregard for the lives and liberties of North Dakotans only reinforces the need to continue challenging this unsound project at every possible turn,” said Emma Schmit, Pipeline Fighters Director, Bold Alliance.

Despite receiving the permit in North Dakota, Summit still must obtain pipeline permits in South Dakota – which rejected its previous application, and Minnesota, as well as a permit for its sequestration site in North Dakota with the state’s Industrial Commission.

Meanwhile, the South Dakota Supreme Court ruled recently that Summit has not proven CO2 is a commodity or that it qualifies as a “common carrier” that should be granted eminent domain authority. Two Iowa counties sued by Summit will be in federal court next week, defending ordinances they passed in oral arguments before the Eighth Circuit Court of Appeals in Omaha. Impacted Iowa landowners with the Iowa Easement Team also filed an amicus brief in support of the counties, which if victorious could impact Summit’s permit issued by the Iowa Utilities Commission.

Watch a recording of the North Dakota Public Service Commission’s Nov. 15 meeting detailing their decision:
https://www.youtube.com/watch?v=j4-J9eMiwsQ

Read the ND PSC Findings of Fact, Conclusions of Law and Order:
778-010

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About North Dakota Easement Team
The North Dakota Easement Team works to educate, organize, and support landowners who are opposed to eminent domain for private gain, and pool resources for landowners seeking legal representation in eminent domain battles and pipeline fights. Landowners with the NDET also sponsor a range of advertising and social media outreach and are networking with other state-based Easement Teams and landowners opposing carbon pipelines across the Midwest. The Easement Action Teams are a project of the Bold Education Fund. Read more about the NDET: https://NDeasement.org

About Bold Alliance:
The Bold Alliance is a network of “small and mighty” groups in rural states working to protect land and water. We fight fossil fuel projects, protect landowners against eminent domain abuse, and work for clean energy solutions while building an engaged base of citizens who care about the land, water, and climate change. (https://boldalliance.org)

About Dakota Resource Council
Formed in 1978, Dakota Resource Council grew out of existing organizing efforts responding to impacts from coal development. DRC works with communities across the state to organize around the common goals of securing a thriving North Dakota and putting people first. Members take action to create public awareness and shape public policy to ensure safe and responsible development, protect North Dakota’s agricultural economy, and establish a foundation for a just transition to a diverse energy economy. (https://drcinfo.org)