The South Dakota Supreme Court dealt a blow to Summit Carbon Solutions Thursday in a ruling that sends its claim to be a common carrier back to the lower court. The designation as a common carrier is necessary to use eminent domain to survey on private property.

Summit Carbon said in a statement it is “evaluating the South Dakota Supreme Court’s decision and look forward to providing the information requested to the District Court that reaffirms our role as a common carrier, and that CO2 is a commodity.”

The economic impact of carbon capture, utilization, and storage (CCUS) on rural America is significant, and will greatly benefit agriculture and farmers. We are committed to ensuring that these benefits reach communities across our project footprint as we continue to be a valuable partner in this growing market, and look forward to progressing this project.

Summit Carbon CEO Lee Blank spoke last week at the American Coalition for Ethanol (ACE) annual meeting about how they are working to complete the project by explaining the need to landowners. “Our eminent domain that we may or may not have to use is not a taking,” said Blank. “We’re actually just trying to put a piece of property under your property and give it right back to you. So ultimately it’s different.”

“I know what this pipeline means to the ethanol industry today, and I know what the infrastructure means to agriculture today, which is why we have to get it completed,” he said.