Landmark Carbon Storage Dispute About to Unfold in North Dakota Courts
The North Dakota District Court is set to reevaluate a lawsuit led by the Northwest Landowners Association, which challenges the state's carbon dioxide storage law. The case could significantly impact Summit Carbon Solutions' $5.5 billion pipeline project, as well as future rulings on underground gas storage laws in the state.
The 2009 North Dakota law allows underground CO2 storage projects to proceed if 60% of affected landowners agree, a process known as amalgamation. However, farmers and landowners have expressed concerns about this legislation, arguing that it violates property rights by forcing unwilling landowners to accept CO2 storage beneath their land without full access to the courts to seek just compensation.
Attorney Derrick Braaten, representing the landowners, expressed optimism about the case moving forward. The North Dakota Supreme Court has disagreed with the district court's previous ruling and sent the case back to district court for review on its merits. Last year, a district judge dismissed the lawsuit on procedural grounds, ruling the statute of limitations had expired.
Project backers, including Summit Carbon Solutions, highlight the 92% of landowners who have already signed on to the 90,000-acre storage area as a demonstration of fairness and efficiency. However, the opposition to the 2009 North Dakota law comes from farmers themselves, who resist the legislation due to concerns about its impact. The specific organization or entity representing them is not clearly identified in the available search results.
Other energy companies, including Minnkota Power and Basin Electric, have joined the state in defending the law. They warn that a ruling against amalgamation could stall carbon capture and storage (CCS) projects critical to North Dakota's energy industry. North Dakota Attorney General Drew Wrigley defended the state's position, emphasizing respect for private property rights.
Critics argue that the case is not about opposition to Summit, but about constitutional rights. No new facts were provided regarding the South Dakota landowners' call to Rep. Johnson or the pipeline permitting measure. The outcome of this case could shape not just Summit's project but future rulings on underground gas storage laws in the state.
