CO2 pipeline ruling allows Summit to conduct surveys on private land

Lawyer vows to appeal to Supreme Court

Summit Carbon Solutions will be able to do survey work on private property without being granted permission, according to a ruling in a civil lawsuit between the company and landowners in Brown, Spink, McPherson and Edmunds counties.

Judge Richard Sommers granted Summit’s request for summary judgement on April 21.

The lawsuit was filed by landowners in July 2022 and argued that a state law allowing companies to survey private land without consent violates both the South Dakota and U.S. constitutions. Under the law, “common carriers” that have applied for a permit with the state Public Utilities Commission can survey land without permission as long as a 30-day notice is provided to the landowner.

Summit has applied for a permit with the PUC, which will have to approve the request before a carbon sequestration pipeline could be built.

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