Carbon pipeline opponents, proponents chart path in wake of Supreme Court ruling

High Court ruling could spur years of litigation, potential jury damages

The reaction to a South Dakota Supreme Court decision that threw a wrench into the plans of a company hoping to build a carbon sequestration pipeline came fast and furious Thursday.

The decision took what had been a victory for Summit Carbon Solutions at the circuit court level, and returned it to the lower courts for further deliberation — giving landowners a win.

The Court on Thursday reversed and remanded circuit court rulings, determining Summit Carbon Solutions had not demonstrated that it is a “common carrier” under state law. Common carriers — typically utilities and energy companies — have eminent domain powers to lay pipelines on private lands.

Landowners score court victory in bid to stop carbon pipeline project