In a significant development, a group of landowners and two North Dakota counties are contesting the approval of a major carbon dioxide pipeline project. The North Dakota Public Service Commission (PSC) granted a route permit for a 333-mile section of the Summit Carbon Solutions pipeline in November. This pipeline is part of an extensive 2,500-mile network designed to transport CO2 from ethanol plants across five states to an underground storage site near Bismarck. Legal representatives argue that the PSC's decision-making process lacked transparency, particularly concerning safety data related to potential CO2 leaks, which can pose serious health risks to nearby residents.

Details of the Pipeline Controversy

In the heart of the Great Plains, during the crisp autumn season, concerns over environmental safety have come to the forefront as landowners and local governments push back against the Summit Carbon Solutions pipeline. The proposed pipeline would traverse through central North Dakota, with key sections passing through Burleigh and Emmons counties. These regions are now at the center of a legal battle challenging the PSC's approval of the project.

Attorney Brian Jorde, representing numerous landowners, highlighted several issues with the PSC's handling of the case. He emphasized that critical plume modeling and dispersion risk analysis were not made available to all parties involved, despite being shared with some members of the public. This lack of transparency has raised concerns about due process violations. Furthermore, Jorde pointed out that CO2 leaks could pose immediate dangers to human health, underscoring the need for full disclosure of safety information.

The appeals from Burleigh and Emmons counties also challenge the PSC's earlier ruling that state regulations override county ordinances regarding proximity restrictions between residences and pipelines. Emmons County had initially filed an appeal in March, but it was put on hold until the commission's final decision on the permit application. Now, both counties are taking legal action, with Burleigh County joining the lawsuit this week.

In neighboring South Dakota, the Public Utilities Commission ruled in favor of county ordinances, leading to the denial of Summit's permit there. However, Summit has since resubmitted its application. Meanwhile, the company has secured permits in Iowa and Minnesota, while Nebraska does not require such approvals.

Last week, the North Dakota Industrial Commission approved Summit's plan for underground CO2 storage, adding another layer to the ongoing controversy.

From a journalist's perspective, this case highlights the tension between industrial development and community safety. It raises important questions about transparency in regulatory processes and the balance between economic progress and environmental protection. The outcome of these appeals will likely set a precedent for future infrastructure projects involving hazardous materials.