North Dakota reached a deal with Summit Carbon Solutions to store carbon dioxide underground that includes strong protections for the state. Private landowners say they were denied the same opportunity.
The state’s contract requires Summit to carry $5 million in pollution insurance, $2 million in general liability coverage, and to defend the state against any related legal claims. It also includes promises to protect air, land, and water quality and to prevent nuisances or waste. Attorney Derrick Braaten, who represents landowners affected by the project, says his clients tried to negotiate for these same protections but were refused.
“It’s sort of like salt in the wound, because we tried really hard to negotiate with them. They absolutely stonewalled us,” he said. “They claimed during the hearing that they treat everyone equally, but they don’t. They treat the state with more respect because they need something from the state.”
Braaten added, “I’ve been doing this since the oil boom started here. I have never seen someone act the way Summit acted, where they were just not willing to negotiate on anything, regardless of circumstances.”
The project would store up to 18 million tons of carbon dioxide each year in central North Dakota. Some landowners who never signed leases may still be included because of state rules that allow “amalgamation” of pore space. Braaten says the protections the state got were exactly what landowners had asked for.
“Stuff goes wrong sometimes, and these provisions are additional protection that the landowners were specifically asking for,” he said.
Landowners argue that if the state deserved these safeguards, so do they.
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