By Scout Nelson
The South Dakota Supreme Court decided on August 22 in a majority ruling that Summit Carbon Solutions, a business that is planning a carbon pipeline project, is not a common carrier and could not utilize eminent domain to survey land. For the state's landowners who have been opposed to the pipeline, this decision is a major victory.
Summit's inability to prove that it meets the requirements to be granted eminent domain powers—being a common carrier—was determined by the court. The notion that CO2 is a commodity, which has long been advanced by supporters of pipelines, was also rejected by the court.
This decision stems from Summit's proposal announced in 2021, known as the Midwest Carbon Express. The project aimed to transport carbon dioxide from ethanol plants across five states to North Dakota for underground storage. The proposed pipeline was set to traverse 18 counties in South Dakota, prompting significant local opposition.
Landowners challenged Summit's right to survey private lands without consent, leading to a legal battle culminating in this Supreme Court ruling. The decision not only overturns a previous circuit court judgment but also sets a precedent that may affect future pipeline projects involving eminent domain.
Local advocates and community members have expressed their validation and relief following the ruling. They see this as not only a victory against an unwanted infrastructure project but also as an affirmation of landowner rights and local control.
Despite the favorable ruling, community leaders continue to oppose legislative measures that might facilitate pipeline development at the expense of local governance. They remain engaged in advocating for regulations that ensure fair compensation and respect for local land use decisions in any future pipeline projects.
Photo Credit:ethanol-shutterstock-dickgage
Categories: South Dakota, Energy, Government & Policy