Two North Dakota lawsuits against Summit Carbon Solutions and the North Dakota Public Service Commission have been merged. The lawsuits challenge the PSC's permitting process, citing concerns about local zoning authority and resident safety. Summit's proposed carbon capture pipeline would span five states, transporting CO2 to an underground storage site in North Dakota.

The PSC, which approved a route permit for Iowa-based Summit last year, requested that the two lawsuits be merged. One is led by Burleigh County, North Dakota, and the other by a group of landowners who oppose Summit’s proposed five-state carbon capture pipeline that would end at an underground storage area northwest of Bismarck. In requesting the consolidation, attorney Zachary Pelham, representing the PSC, said "the two appeals are a mirror image." Attorneys for Burleigh County and Summit Carbon Solutions did not object to the consolidation.

Among the issues raised in the cases is a challenge to the PSC’s ruling that states zoning rules trump county zoning ordinances on pipelines. Plaintiffs also argue the agency did not give enough consideration to the safety of residents along the pipeline route. Another pending lawsuit involves a landowner challenge to the North Dakota Industrial Commission’s approval of permanent underground storage permits for Summit.

Summit plans to gather carbon dioxide emissions from ethanol plants in five states, including in Iowa, the nation's top producer of the biofuel, and one in eastern North Dakota, and use pipelines to send the CO2 to the North Dakota sequestration area. In another case, the North Dakota Supreme Court heard arguments in April in a challenge to a state law related to underground storage of CO2.

Summit describes its project as the world’s largest carbon capture and storage project. It would take advantage of federal tax credits that promote reducing greenhouse gas emissions. Supporters say it would help ethanol producers compete in the low-carbon fuel market and benefit farmers who supply the ethanol plants with the corn from which the fuel is distilled.

In addition to North Dakota, Summit has obtained a state pipeline permit in Iowa and approval for a short section of the route in Minnesota. Summit has so far been unsuccessful in gaining permits in South Dakota, where legislation now bars the use of eminent domain for pipeline projects. Gov. Kim Reynolds vetoed similar legislation in Iowa. Nebraska has no state agency that handles CO2 pipeline projects.

Court consolidates North Dakota suits against Summit carbon pipeline

Two lawsuits against Summit Carbon Solutions and the North Dakota Public Service Commission have been consolidated, challenging the PSC's permitting process for a carbon capture pipeline spanning five states. The project, which would transport CO2 to an underground storage site in North Dakota, faces legal scrutiny over zoning rules, resident safety, and regulatory compliance.