A group of North Dakota landowners is challenging the state’s approval of an underground carbon storage site for Summit Carbon Solutions, which is developing the world’s largest carbon capture and storage project. The appeal, filed by attorney Derrick Braaten, alleges that the North Dakota Industrial Commission violated state law and withheld key information, including computer-generated models predicting carbon dioxide movement underground. The commission’s unanimous approval on Dec. 12 forces landowners who have not signed agreements with Summit to allow carbon storage on their property. The appeal also questions the accuracy of the computer models and the state’s refusal to grant rehearing requests.
The appeal highlights broader concerns over the state’s amalgamation rules, which allow a project to proceed if 60% of landowners agree, forcing the other 40% to comply. Summit has secured over 92% of pore space lease agreements across the affected areas, but Braaten argues the rules are unconstitutional. His firm also represents other groups in separate legal challenges, including lawsuits over zoning rules and pipeline routes. These cases aim to clarify the legality of North Dakota’s carbon storage and pipeline regulations, which are key to Summit’s five-state pipeline network capturing greenhouse gas emissions from ethanol plants.
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