The South Dakota Supreme Court ruled that Summit Carbons Solutions can’t build a carbon-capture pipeline through the state as the situation stands right now. The court ruled that Summit hasn’t proven it’s a “common carrier.” A common carrier transports goods and services for the public in exchange for a fee, such as electricity in a transmission line. Common carriers are allowed to use eminent domain to gain land access from unwilling landowners.
The State Supreme Court ruled Summit hasn’t proven to lower courts that it’s holding itself out to the general public as transporting a commodity for hire. Landowners who oppose the project applauded the decision as a victory. However, South Dakota Searchlight says the company remains confident it can go back to the lower courts and prove its case. Summit Carbon Solutions is developing an $8 billion pipeline project to transport CO2 to underground storage in North Dakota.
-NAFB