South Dakota voters said no to Referred Law 21, which was a referendum on a law passed by the state legislature that would have helped the state’s carbon pipeline construction project headed by Summit Carbon Solutions. RL 21 would have implemented a list of protections for landowners and counties impacted by the construction of the pipeline but would not have prevented pipeline companies from using “eminent domain” to gain land access. The measure was defeated by a vote of 60% opposed.

Undeterred, Summit Carbon Solutions issued a statement Wednesday saying it will reapply on Nov. 19 to the South Dakota Public Utilities Commission for a permit which was denied last year. “Our focus continues to be on working with landowners and ensuring the long-term viability of ethanol and agriculture in the state. Projects like ours have successfully navigated South Dakota’s existing regulatory landscape in the past. We will continue to operate within the current framework, knowing that the future of ethanol and agriculture is vital to our shared success.”

Summit Carbon Solutions has partnered with ethanol producers in several Midwestern states, including South Dakota, to capture carbon dioxide emitted by ethanol plants and pipe it to North Dakota for underground storage, which would help lower the carbon intensity score of corn ethanol for use in sustainable aviation fuel.