North Dakota PSC Unanimously Denies Siting Permit for Summit Carbon’s CO2 Pipeline

The North Dakota Public Service Commission (PSC) has unanimously denied the siting permit for Summit Carbon Solutions’ CO2 pipeline project. The decision was made during a meeting attended by the public, landowners, legislators, and attorneys representing those impacted by the proposed pipeline. The PSC explained that Summit had not sufficiently addressed the impacts and concerns of landowners, nor justified why a reroute wasn’t feasible.

The original application for the pipeline was filed in October 2022 and has seen over 360 dockets and five public hearings over the last nine months. The Commission’s jurisdiction did not extend to issues of eminent domain, safety compliance with the Department of Transportation Pipeline and Hazardous Materials Safety Administration, or permanent sequestration and storage of CO2.

A significant issue was Summit’s failure to satisfactorily address potential geological instabilities identified by the U.S. Geological Survey, as well as not adequately responding to the North Dakota State Historical Preservation Office’s (SHPO) concerns about a cultural resource report. The SHPO’s concurrence is typically required for permit issuance.

Summit Carbon Solutions now has the option to appeal the PSC ruling or reapply and restart the entire application process.