CO2 Storage Law Challenged in North Dakota Supreme Court Hearing

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( BY: JEFF BEACH. North Dakota Monitor) – The North Dakota Supreme Court heard arguments in a case that could determine whether a state law on underground carbon dioxide storage is constitutional and fair to landowners.

The Northwest Landowners Association and other landowners are suing the state of North Dakota and the state Industrial Commission over a state law that can force landowners to take part in an underground CO2 storage project.

Joining the state in defending its statute are Minnkota Power, Basin Electric Power, Dakota Gasification Co. and Summit Carbon Solutions, the Iowa-based company that has a permit to store millions of tons of carbon dioxide in western North Dakota.

The North Dakota Farm Bureau has joined the landowners in their lawsuit.

Derrick Braaten, representing the landowners, said the state law authorizing amalgamation — forcing landowners to allow carbon dioxide storage beneath their property if 60% of the landowners agree to a storage project — is unconstitutional and doesn’t allow landowners to use the court system to argue for just compensation.