North Dakota’s Industrial Commission on Thursday, Dec. 12 approved a plan to accept millions of tons of carbon dioxide to be permanently stored underground against the wishes of some landowners in the storage area.
Iowa-based Summit Carbon Solutions plans to build a network of pipelines that gathers carbon emissions from ethanol plants across five states, including South Dakota. If built, the pipeline will end west of Bismarck, where three injection wells will pump the carbon deep beneath private property into pore space — gaps and voids between the rocks.
Summit compensates landowners for use of their pore space but an attorney for a group of landowners questions the accuracy of the model used by Summit to estimate where the gas will go when it is pumped underground.
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The Industrial Commission is composed of outgoing Gov. Doug Burgum, Attorney General Drew Wrigley and Agriculture Commissioner Doug Goehring, who approved the permits unanimously.
Thursday’s action by the Industrial Commission uses a North Dakota rule governing pore space called amalgamation. If at least 60% of the landowners in the pore space area approve, the other 40% are forced to comply.

Wade Boeshans, executive vice president of Summit Carbon Solutions, listens during a meeting of the North Dakota Industrial Commission on Dec. 12, 2024, in Bismarck. North Dakota Monitor by Mary Steurer.
A lawsuit by the Northwest Landowners Association in North Dakota is already challenging the constitutionality of the amalgamation rule.
About 92% of landowners in the 90,000-acre sequestration area for Summit are participating voluntarily. The region includes parts of Oliver, Mercer and Morton counties. Department of Mineral Resources staff said landowners objecting to the project accounted for less than 2% of the acres. Carbon will be injected into the Broom Creek Formation about 5,500 feet below ground level.
Summit estimates it will pump about 18 million tons of carbon dioxide into the storage area each year. The company will take advantage of federal tax credits — $85 per ton of carbon stored — as an incentive to reduce greenhouse gas emissions.
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“These sequestration permits are the result of years of rigorous scientific study, engineering design, and input from regulators, landowners, and local leaders,” Wade Boeshans, executive vice president of Summit Carbon Solutions, said in a news release. “With these permits, we’re one step closer to providing vital infrastructure that benefits farmers, ethanol producers, and communities across the Midwest.”
The carbon will come from 57 ethanol plants in five states — Iowa, Minnesota, Nebraska, North Dakota and South Dakota.
Access to carbon capture and storage can significantly reduce an ethanol plant’s carbon score. Low-carbon ethanol may be able to fetch a premium price, which could also benefit corn growers. The carbon is captured during the fermentation process of turning corn into ethanol fuel.
Minnesota PUC grants permit for carbon capture pipeline
The Minnesota Public Utilities Commission voted unanimously Thursday to grant a long-awaited permit to Summit Carbon Solutions, allowing the company to build a small portion of a planned 2,500-mile carbon capture pipeline network across five states, including South Dakota.
The Minnesota segment would run 28 miles from an ethanol plant in Fergus Falls to the North Dakota border. It would consist of 4.5-inch diameter pipe sunk 54 inches underground. The company estimates construction could start as early as 2026, although it is still negotiating right-of-way agreements with seven landowners along the Minnesota route.
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The pipeline would transport pressurized carbon dioxide from the ethanol plant to injection wells in North Dakota, which would pump the gas deep underground to be permanently stored in the rock. The goal is to prevent the greenhouse gas from entering the atmosphere and contributing to global warming.
Commissioners raised concerns about the project’s long term viability, given that the company will be almost entirely dependent on federal carbon tax credits that a new Congress could decide to revoke as early as next year.
Summit is a “startup company who has built their model on tax credits that are somewhat tenuous in my mind,” Commissioner John Tuma said. If the federal tax credits dried up, “it would definitely cause a reassessment” of the project’s viability, a company representative said.
However, those concerns weren’t enough to prevent the project from proceeding.
-Christopher Ingraham of The Minnesota Reformer contributed to this report.