On Oct. 9, Judge Jackson Lofgren issued a ruling that sends the Summit Carbon Solutions pipeline plan back to the North Dakota Public Service Commission, holding that the PSC’s earlier approval failed to consider county zoning ordinances.
The decision centers on setback requirements that dictate how far the pipeline must sit from homes and businesses. Emmons County Commissioner John Smith said the rules are designed to protect residents’ safety and property values. The judge found the PSC had not proven the county limits were unreasonable, so state rules would apply if they were.
Safety and public‑welfare concerns were another focus. The court noted the PSC did not provide a thorough explanation that the high‑pressure CO₂ line would not harm communities. The judge instructed the commission to detail the risk assessment and justify why the proposed path avoids public impairment.
Regulators must also revisit the commission’s analysis of an alternative southern Burleigh County route. The court ruled the PSC’s reasoning was insufficient. In addition, a confidential carbon‑dispersal model Summit supplied to the PSC must be released in a redacted form or justified for secrecy, as some local stakeholders have accessed the data.
The ruling does not cancel the November 2024 route permit, but it forces the PSC to submit a revised report by December 15. Summit may then decide whether to keep the current path or shift the pipeline toward a Wyoming storage site, a move that could reshape the project’s future.
For now, a farmer in Burleigh County says the delay gives the community a chance to weigh the potential risks. The PSC’s next hearing is scheduled for early January, where the commission will present its updated analysis to the court and to the public.