Summit Permit For CO2 Storage Voided as Second Judge Finds North Dakota Law Unconstitutional

(Photo courtesy of Kurt Swenson via the North Dakota Monitor)

(North Dakota Monitor) – A North Dakota judge has revoked Summit Carbon Solutions’ permits for underground carbon dioxide storage, ruling parts of the state law they were issued under is unconstitutional, in another blow to the company’s plans for a carbon pipeline network.

The latest ruling was issued in response to an appeal by a group of landowners who object to the state’s attempt to force them to participate in Summit’s project, which would store carbon dioxide under their land against their will.

“This decision stands as an important victory not only for our family, but for all North Dakota landowners who believe that private property rights and constitutional protections still matter,” said Kurt Swenson, one of the landowners.

The decision written by South Central Judicial District Judge Jackson Lofgren is the second time this winter a North Dakota judge has reached the conclusion that the 2009 state law violates the state’s constitution. The law authorizes regulators to permit the storage of carbon dioxide beneath the property of non-consenting landowners.