North Dakota Energy Industry Says Carbon Storage Ruling Adds Uncertainty

(Photo by Kyle Martin/For the North Dakota Monitor)

(North Dakota Monitor) – A court’s finding that a North Dakota law affecting underground storage of carbon dioxide is unconstitutional creates doubt for the energy industry, representatives said Wednesday.

A district court judge ruled in favor of the Northwest Landowners Association in its suit against the North Dakota Industrial Commission, which approved a permit for underground storage for carbon pipeline developer Summit Carbon Solutions.

The landowner group successfully challenged a law that can force landowners to allow storage beneath their property. Northeast Judicial District Judge Anthony Swain Benson ruled the law allows a government-authorized taking of property without an avenue for “just” compensation determined by a jury.

Summit’s project would transport greenhouse gas emissions from ethanol plants in five states, including Tharaldson Ethanol near Casselton, to the sequestration site.

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