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What’s Next After Carbon Storage Permit in North Dakota Pulled

By Bill Dubensky Mar 16, 2026 | 5:33 AM

(Adobe Stock via Prairie News Service)

 

(By Mike Moen. Prairie News Service) – A lengthy legal fight pitting North Dakota landowners against an emerging type of infrastructure is now expected to head to the state Supreme Court.

Grassroots organizers secured another win in their push to block underground storage of carbon dioxide. Last week, a judge said a state permit granted to Summit Carbon Solutions to store carbon emissions from ethanol plants underground was no longer valid. At the heart of the ruling was whether a North Dakota law to forcibly use private property for the project was constitutional.

Troy Coons, chairman of the Northwest Landowners Association, feels good about the prospects if the arguments reach the state’s highest court. He said last week’s ruling, along with a similar decision in December, indicates they have a strong argument.

“This was a big win,” Coons emphasized. “It just reinforced that you have a judge in one area and another district judge, both agreeing with different rulings but sending the same message.”

 

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