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ND Public Service Commission Denies Summit Carbon’s Pipeline Permit

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Domina Law Group Managing Lawyer Brian Jorde was recently quoted by Progressive Farmer discussing a significant landowner owner victory that came earlier this month when the North Dakota Public Service Commission voted to deny Summit Carbon Solutions’ request for a permit to construct a controversial carbon capture pipeline.

Summit Carbon Solutions is one of three companies looking to construct large-scale pipelines across the Midwest that would capture emissions from ethanol plants and transport them in the form of liquified CO2 to underground storage sites in North Dakota. Summit Carbon’s proposed pipeline, the Midwest Carbon Express CO2 Pipeline, is slated to span nearly 2,000 miles across five states, with 320 miles in North Dakota.

But as reported by Progressive Farmer, Summit Carbon was dealt a blow on Friday, August 4th when the North Dakota Public Service Commission voted unanimously to deny the company a siting permit for the project.

In a release about its decision, the PSC cited that the U.S. Geological Survey had noted 14 areas of potential geological instability within the project corridor, and that Summit had not submitted information about how it intends to address the concerns.

The PSC also noted hearings held earlier this year with affected landowners who oppose the project and their concerns about health and safety issues, impacts on farmland, and Summit’s controversial attempts to use eminent domain, a right typically reserved for the government and public use projects, to gain access to private property to construct its pipeline.

Brian Jorde Appla uds ND PSC’s Decision to Deny Summit Carbon’s Permit

Managing Lawyer Brian Jorde and our team at Domina Law, who represent landowners along Summit Carbon’s proposed pipeline path in all five Midwest states, have been working tirelessly to protect the rights and interests of North Dakota landowners, and applaud the recent decision from the ND Public Service Commission.

As Jorde told Progressive Farmer,

"It has been a long and painful journey for North Dakota landowners concerned about a foreign-owned company forcing itself upon them and targeting landowners' property for private profits, funded by the American taxpayer. We applaud the Public Service Commission for their courage and thoughtfulness in denying Summit's application and encourage the other states to follow suit."

Our team at Domina Law will continue to fight for landowners across North Dakota and the Midwest in matters involving the pipeline, including upcoming hearings scheduled for later this month before the Iowa Utilities Board. You can learn more about our pipeline litigation work on our blog.

Read the full Progressive Farmer article featuring quotes from Brian Jorde here.