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Map of the state of North Dakota, showing portions of surrounding states

Carbon pipeline debate reaches new stage after North Dakota permit OK'd

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Mike Moen

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(Prairie News Service) More regulatory action is needed, but a controversial pipeline project in North Dakota is moving forward after a permit was approved last week.

Supporters and opponents are now eyeing the next steps.

The state's Public Service Commission gave Summit Carbon Solutions the green light for a siting permit for its planned route in North Dakota.

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The company wants to construct a multi-state pipeline in the Midwest to capture carbon pollution from ethanol plants and store the emissions underground in North Dakota.

The commission last year rejected Summit's initial permit request.

Zach Cassidy, CO2 pipeline organizer for the Dakota Resource Council, said the latest outcome raises a big question.

"Who in our state government, or our local governments, has the power to make safety decisions on this pipeline for their residents?" said Cassidy. "Because if county commissioners can't do it, and if the PSC won't do it, that means that no one is looking out for us."

He's referring to rulings that state law supersedes counties pursuing zoning restrictions.

Cassidy said in North Dakota, Summit still needs a storage permit and opponents will focus on that, along with legislative changes.

The company praised the decision, noting it will soon re-apply for a permit in South Dakota, which also initially said no.

The project has led to backlash over concerns such as public safety and landowner rights.

Summit also says it has secured more than 80 percent of land easements needed for the North Dakota route.

Ahead of last Friday's unanimous approval, Commission Chair Randy Christmann strongly encouraged the company not to rely on practices such as eminent domain as it keeps reaching out to landowners.

"It is something that burdens families for generations," said Christmann. "Eminent domain should never be abused."

Summit insists it remains committed to working collaboratively with affected landowners and communities.

Beyond the Dakotas, the company is awaiting a permit decision in Minnesota. It already secured permit approval in Iowa. Nebraska also is included in the multi-state plan.