Pierre – The South Dakota Public Utilities Commission (SDPUC) on Tuesday rejected Summit Carbon Solutions’ plan to extend the company’s pending state permit application process for a proposed CO2 pipeline that would cross Iowa, Nebraska, Minnesota, South Dakota and North Dakota.
The Commissioners stated they did not see a path forward for Summit to obtain a permit via the application it submitted, given Summit’s request for an indefinite “pause”.
When asked by the Commission whether Summit has worked with the Counties that have passed ordinances, or worked with landowners who haven’t signed voluntary easements, the attorney replied, “The Summit team includes many people doing many things, my understanding is that there have been continued efforts but I can’t quantify those today.” It was as clear today as it was during the Commission’s hearing on Summit’s motion two weeks ago that Summit does not know how it intends to overcome the impact of the new South Dakota law prohibiting use of eminent domain for carbon dioxide pipelines.
Landowners expressed gratitude to the PUC for sparing them from having to put their lives on hold at Summit’s request, and participate in yet another weeks-long intervenor process before the Commissioners, taking them away from their families and livelihoods.
“Landowners and property rights defenders everywhere thank the Commissioners for exercising common sense today by denying a pipeline siting application that was not viable. Hopefully, Summit will once and for all truly reset and not quadruple down on their failed state strong arm tactics by pursuing the ultimate disrespect of local control - federal route preemption. Time will tell if they want to add years of federal litigation to their problematic resume,” said attorney Brian Jorde of Domina Law Group, who has represented South Dakota landowners with the South Dakota Easement Team at state-based regulatory agency proceedings, as well as against eminent domain threats from pipeline companies.
“Today's ruling shows that our PUC process works for everyone involved - and our permits are not for sale,” said South Dakota Senator Joy Hohn, whose family was proposed to be crossed by Summit’s project. “The decision shows that big corporations can not mistreat our citizens and local bodies of government and expect to be rewarded with a permit. We are truly grateful that today our PUC Commissioners exercised their full elected authority in today’s decision.”
“Today is a victory for South Dakota landowners and local control. In denying Summit's permit application, the PUC has acknowledged that the company has run out of road to build this pipeline. We are grateful the PUC has made this common sense decision and freed landowners to get on with their lives and businesses,” said Ed Fischbach, a vocal landowner opponent, Dakota Rural Action Board Member and South Dakota Easement Team member.
Emma Schmit, Bold Alliance’s Pipeline Fighters Director, stated, “This is yet another common sense ruling coming out of South Dakota. Much like the recent decision to ban eminent domain for carbon pipelines, the PUC's order makes it clear that the rights and interests of South Dakotans come before the greed-driven ambitions of out-of-state pipeline corporations.”
“We celebrate the PUC’s decision to deny the permit today. The decision was easy - Summit’s application depended on the use of eminent domain to force unwilling landowners into the project. Now that South Dakotans have the right to say ‘no, thank you’, the route was unworkable. We applaud the PUC for recognizing this and saving the people of South Dakota from further wasted time and expense,” said Dakota Rural Action Senior Organizer Chase Jensen in a statement.
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