Summit Carbon Solutions has continued to move forward with its CO2 pipeline project this month, racking up a few wins after the South Dakota referendum loss on election day.
First, the North Dakota Public Service Commission granted the project a Route Permit, which was secured after the company implemented changes to the proposed pipeline route incorporating feedback from local landowners and community leaders. Summit Carbon has now secured more than 82% of the easements for the North Dakota route.
Two weeks after losing the South Dakota referendum, Summit Carbon Solutions submitted its permit application to the South Dakota Public Utilities Commission (PUC), reflecting “extensive engagement with South Dakotans to create a pipeline route shaped by direct stakeholder feedback, supporting agriculture and advancing energy innovation.” The application includes major reroutes in Spink, Brown, McPherson, and Lincoln Counties, along with numerous micro-adjustments, resulting from more than a year of working with landowners to find “mutually agreeable solutions.”
Perhaps the biggest win was last Friday when the Iowa Supreme Court upheld Summit Carbon Solutions’ ability to conduct land surveys under Iowa Code section 479B.15, allowing the project to continue “while respecting landowner rights and maintaining compliance with the law.” The court also determined that “liquefied carbon dioxide” is a technical term within the special expertise of the Iowa Utilities Commission (IUC).
Iowa Renewable Fuels Association (IRFA) Executive Director Monte Shaw called the court ruling a victory for state law and common-sense. “A permit application requires a survey. So if you don’t allow temporary survey access then you empower just one landowner to derail a multistate infrastructure project. Iowa law is clear and this unanimous decision highlights what a frivolous lawsuit this was.”