(North Dakota) A group of North Dakota landowners, represented by attorney Derrick Braaten, is appealing the state’s approval of an underground carbon storage area for Summit Carbon Solutions.
They assert that the North Dakota Industrial Commission violated state law by withholding information when approving the storage permit on December 12. The carbon storage sites are a critical part of Summit’s five-state pipeline network, which aims to capture emissions from ethanol plants. The Commission’s unanimous vote means that landowners who did not sign agreements with Summit will be compelled to allow carbon storage on their property.
The appeal claims the Industrial Commission illegally refused to provide computer-generated models predicting carbon dioxide’s underground movement despite multiple requests during public hearings. The appeal also disputes the process by which 60% of landowners can force the remaining 40% to comply with a storage plan. Summit has secured over 92% of the necessary leases.
Braaten is also involved in a separate lawsuit regarding the constitutionality of the amalgamation process and representing Emmons County in a legal challenge against the state Public Service Commission’s of the pipeline route. Another group of landowners is appealing the PSC’s perPSC’s decision, and these appeals may be combined.
