Landowners Will Intervene to Argue Rejection of Summit Permit Application at South Dakota PUC

FOR IMMEDIATE RELEASE: Nov. 19, 2024

Landowners Will Intervene to Argue Rejection of Summit Permit Application at South Dakota PUC

Pierre — Landowners impacted by proposed carbon dioxide (CO2) pipelines in South Dakota with the South Dakota Easement Team will apply as intervenors in the South Dakota Public Utilities Commission’s (SD PUC) review, and argue for a second rejection of Summit Carbon Solutions’ permit application for a proposed hazardous CO2 pipeline submitted today. The SD PUC unanimously rejected Summit’s previous permit application, noting a failure to negotiate adequately with landowners and the lawsuits the company filed against over 150 landowners before even obtaining the agency’s permit, as well as the county ordinances that were enacted.

Summit also failed to prove to the South Dakota Supreme Court that it qualifies as a “common carrier” under state law, and so the company is not currently empowered with eminent domain authority to seize landowners’ property against their will for the proposed pipeline in the state. The court recently rejected the company’s request for reconsideration of its decision. Summit has not stated in its announcement that it intends to pursue a new route that will not seek to enforce eminent domain against South Dakota landowners, and has disclosed to media that it has only obtained voluntary easements from 60% of landowners on its new route application.

Meanwhile, South Dakota voters rejected Referred Law 21 in the November elections, the Summit-backed state bill that would have stripped local control, and blocked the enforcement of ordinances enacted by South Dakota counties. The rejection of Senate Bill 201 by the voters means that Summit is bound by law to obey the terms of the county ordinances.

“Dakota Rural Action will continue to fight with directly impacted communities to ensure that no risk or liability is shifted onto the public for the sake of Summit’s investors. The outcome of RL-21 shows that South Dakota trusts local governments to regulate these projects — Summit’s new route will be telling whether they heard the message or not!”, said Chase Jensen, Senior Organizer with Dakota Rural Action.

“More press releases and language about Summit’s intentions and desires. If only their alleged intentions match their actions. We have three years of evidence – this company is not fit and certainly not deserving of a hazardous CO2 pipeline through South Dakota. I notice they didn’t say eminent domain was off the table. Same old company, they either don’t learn or don’t care or both,” said Ed Fischbach, landowner in Spink County, South Dakota.

“We need to receive detailed County-level maps, but to the extent Summit has failed to respect all related county ordinances and the overwhelming vote of all South Dakotans who loudly and clearly rejected Summit’s attempts to again force a route through South Dakota, the application would be deficient on its face and must be denied,” said Brian Jorde, attorney for landowners with the South Dakota Easement Team, and Omaha-based Domina Law Group.

“Public opposition to Summit’s unsound carbon scheme hasn’t wavered – South Dakotans, like thousands of others along Summit’s five-state hazardous carbon pipeline route, recognize that the proposed project threatens the wellbeing of their families and communities without providing any meaningful benefit in return. Continuous attempts to ram the unwanted pipeline through won’t change that,” said Emma Schmit, Pipeline Fighters Director, Bold Alliance.

About South Dakota Easement Team
The South 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 SDET 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 SDET: https://SDeasement.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)

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