Domina Law Group Managing Lawyer Brian Jorde was recently mentioned in The Bismark Tribune for an article discussing his work representing North Dakota landowners who oppose construction of a controversial carbon capture pipeline proposed by Summit Carbon Solutions.
As reported by The Bismark Tribune, Jorde and our firm secured a victory for landowners last month when the North Dakota Public Service Commission voted to deny Summit’s permit application to build the 320-mile portion of its pipeline that runs through the state. Summit’s pipeline would transport ethanol emissions in the form of liquified CO2 through more than 2,000 miles of pipeline across five states before terminating at underground storage sites in North Dakota.
After the Public Service Commission cited Summit’s failure to address impacts to landowners as a primary reason for its denial, the company filed a petition for reconsideration and requested a one-day hearing to address the issues.
In addition to addressing the issues noted by the PSC, which include the impact on wildlife and potential geological instability, Summit’s petition contains reroutes that push the pipeline further north of Bismark and off certain landowners’ properties, which will require additional notice and opportunity for hearing.
Having represented landowners in North Dakota and the other Midwest states where Summit’s proposed pipeline would run since the beginning of this legal battle, Brian Jorde and our firm remain committed to helping clients challenge Summit’s latest petition.
As The Bismark Tribune reported, Jorde has argued that Summit’s latest petition contains too many changes and should prompt a new application process, as issues presented in the reconsideration have never been put forth previously. As such, it would deny due process to landowners and other stakeholders.
Under North Dakota law, the PSC will have 30 days to consider Summit’s appeal. If no decision is made within 30 days, the petition is considered denied. Additionally, outside parties involved in the case – including landowners with property that lies along Summit’s proposed pipeline path, have 10 days to file a response to Summit’s petition.