The South Dakota Public Utilities Commission denied a request by Summit Carbon Solutions to indefinitely delay consideration of the company’s application for a pipeline through the state.
The PUC voted 3-0 last week to deny the request, which Summit had made after passage of a law by the state legislature banning the use of eminent domain for carbon dioxide pipelines – just the type Summit wants to build through the state to a sequestration site in North Dakota.
Summit attorney Brett Koenecke said he could “not divulge” whether the company plans a legal challenge to the law but indicated it is trying to find a way to continue the project, which would involve 2,500 miles of pipeline through Iowa, Nebraska, Minnesota, and South and North Dakota.
It’s easy to be “in the know” about agriculture news from coast to coast! Sign up for a FREE month of Agri-Pulse news. Simply click here.
“I'm sure rerouting is on the table,” Koenecke said. “I'm also sure that making offers to landowners is a part of that. It's a multifaceted process.” Summit has secured about 75% of its proposed route in the state through voluntary easements.
Landowner attorney Brian Jorde opposed the indefinite extension, saying some clients wondered what they could do on their land “when there's no corresponding plan to actually accomplish anything.”
“If this indefinitely goes on, can I put up a grain bin near this route?” he said to the commission. “Can I change the elevation and do drainage across where this pipeline may possibly go someday or be close to? Is this a cloud on my title?”
The PUC told Summit to come back April 22 with a plan to proceed with its application.
For more news, go to www.Agri-Pulse.com.
