
A carbon capture and sequestration facility. (Source: Shutterstock)
The South Dakota Supreme Court placed another roadblock on a hotly contested carbon capture pipeline when it refused to hear an appeal from Summit Carbon Solutions, the company behind the project.
Last March, the Supreme Court considered Summit’s arguments that CO2—captured and stored permanently underground—qualified as a commodity and that eminent domain could be used to transport the gas.
On Aug. 21, the court released its opinion that Summit’s arguments were not convincing and that the company had not done enough at the lower court level to show it was a “common carrier” for a commodity.
“It is thus premature to conclude that (Summit Carbon Solutions) is a common carrier, especially where the record before us suggests that CO2 is being shipped and sequestered underground with no apparent productive use,” the court wrote in its opinion.
Summit requested to argue against the Supreme Court’s ruling. The South Dakota justices refused the rehearing, South Dakota News Now reported Oct. 22. The case now heads back to a lower court for argument.
Summit Carbon Solutions plans to build a CO2 pipeline gathering system connected to ethanol plants in a five-state area. The greenhouse gas would be stored underground in North Dakota. The project has run into legal opposition in each state within the proposed network.

Recommended Reading
Viper to Buy Diamondback Mineral, Royalty Interests in $4.45B Drop-Down
2025-01-30 - Working to reduce debt after a $26 billion acquisition of Endeavor Energy Resources, Diamondback will drop down $4.45 billion in mineral and royalty interests to its subsidiary Viper Energy.
Phillips 66’s NGL Focus, Midstream Acquisitions Pay Off in 2024
2025-02-04 - Phillips 66 reported record volumes for 2024 as it advances a wellhead-to-market strategy within its midstream business.
Alliance Resource Partners Adds More Mineral Interests in 4Q
2025-02-05 - Alliance Resource Partners closed on $9.6 million in acquisitions in the fourth quarter, adding to a portfolio of nearly 70,000 net royalty acres that are majority centered in the Midland and Delaware basins.
Plains All American Prices First M&A Bond of Year
2025-01-13 - U.S. integrated midstream infrastructure company Plains All American Pipeline on Jan. 13 priced a $1 billion investment-grade bond offering, the year's first to finance an acquisition.
Buying Time: Continuation Funds Easing Private Equity Exits
2025-01-31 - An emerging option to extend portfolio company deadlines is gaining momentum, eclipsing go-public strategies or M&A.
Comments
Add new comment
This conversation is moderated according to Hart Energy community rules. Please read the rules before joining the discussion. If you’re experiencing any technical problems, please contact our customer care team.