North Dakota attorney argues public safety cannot be considered in carbon pipeline permitting

An attorney for North Dakota's Public Service Commission argued in court that the agency cannot consider public safety when issuing a pipeline permits, including for the Summit Carbon Solutions CO2 pipeline. The attorney said welfare and safety are distinct, and safety is a federal issue. This came during a lawsuit filed by two counties and landowners seeking to rescind the permit. The case highlights a gap in state-level oversight for carbon capture infrastructure. The PSC can consider impacts on state land and wildlife but not pipeline safety or routing based on risk to people. Critics say this leaves communities exposed, especially since Summit's plume dispersion model for a potential CO2 release was not made public or part of the permit record. The Summit pipeline faces legal setbacks in North Dakota and South Dakota, and the company recently announced plans to target a storage site in Wyoming instead. The outcome of this case could set a precedent for how states regulate CO2 pipelines and balance carbon capture goals with public safety.