US EditionNorth Dakota Court Ruling Could Be Another Setback for Summit Pipeline
Judge ruled the law permits government taking of underground pore space without jury-decided compensation, affecting carbon storage projects with up to 92% landowner consent, officials said.
- On Tuesday, Dec. 2, Northeast Judicial District Judge Anthony Swain Benson found a North Dakota law on underground carbon dioxide storage unconstitutional, ruling it allows a government taking without jury compensation.
- In 2023, the Northwest Landowners Association sued North Dakota and the Industrial Commission over carbon storage permits after Benson initially dismissed the case, which the North Dakota Supreme Court returned to district court in August.
- Pore space under farms is central to the dispute, with Summit Carbon Solutions proposing to transport emissions from ethanol plants in five states for permanent storage in North Dakota, where 92% of landowners had joined when the Industrial Commission approved the permit last year.
- Evaluating options, North Dakota Attorney General Drew Wrigley said late Tuesday his office is considering legal avenues, while Derrick Braaten said the state and Summit Carbon Solutions will likely appeal to the state Supreme Court.
- Amid North Dakota Farm Bureau backing, the decision could affect Summit Carbon Solutions' storage permit and other CO2 projects, while Troy Coons urged companies to seek 100% voluntary participation.
13 Articles
13 Articles
North Dakota judge rules in favor of landowners, finds carbon storage law unconstitutional
Attorney Derrick Braaten and Troy Coons, head of the Northwest Landowners Association, listen during a March 27, 2025, legislative hearing. On Tuesday, a district judge ruled in favor of the landowner group in a lawsuit related to property rights. (Photo by Mary Steurer/North Dakota Monitor)A district court judge on Tuesday sided with a landowner group and found a North Dakota law related to underground storage of carbon dioxide to be unconstitu…
Judge strikes down North Dakota’s carbon dioxide storage law
BISMARCK, N.D. – A state judge has ruled an underground carbon dioxide law is unconstitutional. The decision stems from a lawsuit by the Northwest Landowners Association against the state. They argue the law allows property to be taken without just compensation. The ruling threatens Summit Carbon Solutions’ pipeline project which has a storage permit and 92 percent landowner participation. Appeals to the state Supreme Court are expected, and oth…
North Dakota Court Sides With Landowners' Property Rights, Rules CO2 Pore Space Amalgamation Law is Unconstitutional
Landowners in North Dakota who challenged a state law on property rights for underground “pore space” used to potentially store carbon dioxide declared victory on Tuesday, after a district court judge ruled in their favor and found the law to be unconstitutional. The Northwest Landowners Association, a landowner-led citizen group, sued the state of North Dakota and the state’s Industrial Commission, challenging a law that said landowners could b…
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