South Central District Court Judge Jackson Lofgren ruled that the North Dakota Public Service Commission must determine whether local zoning ordinances in Emmons and Burleigh counties are unreasonable. Regulators were also instructed to evaluate an alternative pipeline route and address public welfare concerns regarding the high-pressure system. Additionally, the commission must either release a redacted carbon dioxide plume dispersion model or properly justify withholding it. These mounting setbacks follow earlier route denials in South Dakota and have prompted the developer to consider redirecting the pipeline to Wyoming.
Key points
The ruling preserves Summit Carbon Solutions' permit for now but requires the commission…: The ruling preserves Summit Carbon Solutions' permit for now but requires the commission to re-evaluate several core regulatory approvals.
Counties can enforce local setback ordinances unless regulators explicitly demonstrate th…: Counties can enforce local setback ordinances unless regulators explicitly demonstrate that the municipal restrictions are unreasonable.
Continued legal pushback in North Dakota and South Dakota has driven the developer to pla…: Continued legal pushback in North Dakota and South Dakota has driven the developer to plan route alternatives toward storage sites in Wyoming.
Sources checked by our analysis pipeline: 1
A North Dakota court has directed state regulators to take a closer look at the proposed Summit Carbon Solutions pipeline, raising fresh questions about how safety concerns, local zoning rules and alternative routes should be assessed before major infrastructure projects are approved. The October 9 ruling by South Central District Court Judge Jackson Lofgren found that state pipeline-siting authority does not automatically override county zoning ordinances, according to North Dakota Monitor, with additional reporting from Montana Newsroom and Pipeline Fighters Hub. However, the decision did not cancel the route permit issued to Summit Carbon Solutions in November 2024. Instead, it requires the North Dakota Public Service Commission (PSC) to revisit several aspects of its approval process. The case was brought by landowners and Emmons and Burleigh counties, who challenged the commission’s handling of the proposed carbon dioxide pipeline. The ruling could also have implications for other infrastructure projects in the state, where the boundaries between state regulatory powers and local land-use authority have become a point of contention.
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