South Dakota landowners are celebrating after the state's Public Utilities Commission (PUC) unanimously rejected applications from Navigator CO2 Ventures and SCS Carbon Solutions to build carbon capture pipelines. The two applications aimed to construct extensive pipelines spanning hundreds of miles in South Dakota, but were denied due to various reasons such as inadequate communication with landowners, safety concerns, and violations of county ordinances.
Local counties had adopted setback requirements that essentially banned pipeline routes, and some even imposed temporary moratoriums while considering regulations for hazardous liquid pipelines. Landowners had been fighting against the pipeline companies for months, holding rallies and gathering signatures, but their demands were not initially met.
Carbon sequestration is part of the Biden administration's climate and energy agenda, and these carbon capture companies receive federal tax credits and subsidies for their projects. However, South Dakota regulators have offered significant relief to landowners, including over 80 families who faced eminent domain lawsuits for their properties. These families had their land trespassed without consent, leading to damage to their crops, while the pipeline companies lacked permits from the PUC.
Although the fight is not over, landowners take solace in their victory, knowing that the pipeline companies have too much at stake to give up. Summit CEO Lee Blank remains determined and believes that collaboration with the affected counties can create benefits for South Dakota and its residents. While North Dakota regulators rejected Summit's siting permit application in August 2023, SCS is seeking a reconsideration. Minnesota regulators are also conducting an environmental review for a pipeline segment connecting an ethanol plant to the North Dakota border. This situation highlights the power of individual landowners and local governments to stand, fight, and succeed.
