The path forward for a five-state carbon capture and sequestration (CCS) project being developed by Summit Carbon Solutions got a lot more complicated this week thanks to a ruling by the South Dakota Supreme Court.
In a ruling that denied a rehearing of its original decision in August, the state’s top court said that captured carbon dioxide (CO2) could not be considered a commodity, which meant that Summit Carbon Solutions could not be considered a common carrier. Without that designation, it cannot use eminent domain to conduct surveys on private property or seize property to build the pipeline. Summit had argued that captured CO2 was no different than CO2 used for a commercial purpose.
