North Dakota regulators rule pipeline permit would trump county setback ordinances

Decision marks major victory for Summit Carbon Solutions

North Dakota Public Service Commissioners Randy Christmann, foreground, and Sheri Haugen-Hoffart participate in a Dec. 21, 2023 hearing in Bismarck. (Kyle Martin/For the North Dakota Monitor)

Carbon pipeline opponents have suffered a major blow in North Dakota after regulators there ruled that Summit Carbon Solutions will not have to adhere to local zoning rules should its project be permitted.

The North Dakota Public Service Commission — the Peace Garden State’s version of the Public Utilities Commission — approved a measure Wednesday stating pipeline permits would supersede any county- and city-level setback requirements that sought to keep pipeline projects away from homes, farms, and population centers.

NEWS: South Dakota's top abortion rights advocate squares off with hostile Republicans

The ruling comes after a pair of North Dakota counties and the city of Bismarck had contended setback ordinances adopted within their jurisdictions should trump state setback standards. And with Wednesday’s decision, Summit says it can now more adequately advance toward the permitting process in North Dakota where it intends to store tens of millions of metric tons of carbon underground.

“Summit Carbon Solutions acknowledges and respects the PSC's decision as it allows for progress on our pipeline project. This move facilitates our efforts to navigate the regulatory landscape with more predictability,” Summit spokeswoman Sabrina Zenor said in a statement provided to The Dakota Scout. “While we proceed, we remain committed to engaging constructively with both state and county officials.”

A similar ruling has also been made by the Iowa Utilities Board, while Summit and its allies are hoping to earn a similar ruling from the South Dakota PUC. In the meantime, South Dakota lawmakers are considering legislation to make clear that’s the case.

Senate Majority Leader Casey Crabtree late last month introduced legislation to do that, and also stipulating that any pipeline company would be responsible for “all damages resulting from the installation, construction, operation, maintenance, repair, leaks, ruptures, and other failures of the pipeline facility.”