South Dakota Supreme Court Rules on Carbon Pipeline

The South Dakota Supreme Court ruled that Summit Carbon Solutions has not proven its status as a common carrier, which is necessary for the company to exercise eminent domain to acquire land for its proposed $8 billion carbon-capture pipeline. This ruling is a significant victory for landowners opposing the project, as the court determined that Summit failed to demonstrate it is transporting a commodity for hire, a requirement under state law. The pipeline, intended to transport CO2 captured from 57 ethanol plants to a storage site in North Dakota, would affect over 1,000 landowners across 18 counties. The case will be returned to lower courts for further proceedings regarding Summit's common carrier status. While landowners celebrate the decision, Summit remains determined to continue its legal fight, asserting the need for surveys to move forward with the project. The Supreme Court's ruling does not preclude Summit from ultimately proving its common carrier designation later on.