A carbon dioxide pipeline in development had the South Dakota Supreme Court’s attention in Aberdeen on Tuesday, where lawyers representing landowners and Summit Carbon Solutions made their arguments in front of the justices. A key point of disagreement was whether or not carbon dioxide is a commodity in the case.
“It’s absolutely not a commodity,” said Brian Jorde, who represented the landowners. “How is this an article for commerce? How is it, it’s not being added to a product for beneficial use.”
“It fits all the tests of commodities in general, but it also fits it here, right,” said Bret Dublinske, who represented Summit Carbon Solutions. “This is in fact moving in commerce.”
A decision on the case will come on a future date.
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