Brown County asks federal judge to dismiss carbon pipeline lawsuit

Federal judge expected to make decision soon

PIERRE — A lawyer for Brown County Monday asked a federal judge to dismiss a lawsuit filed by Summit Carbon Solutions over the county’s decision to regulate hazardous material pipelines.

“(Summit Carbon) can do the surveying, and still negotiate easements,” argued Josh Finer, an Aberdeen-area attorney, during a motions hearing. “They can’t begin construction anyway until they get permission from the state.”

The Brown County Commission is the third county commission in South Dakota to put a moratorium on pipeline construction, joining both Spink and McPherson counties. Their moratorium expires on July 19th.

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