North Dakota judge: local zoning still applies to Summit CO2 pipeline, orders PSC to revisit safety and plume model

A North Dakota judge ruled that state rules on pipeline siting do not automatically override local zoning ordinances. The decision came from a lawsuit over Summit Carbon Solutions' proposed CO2 pipeline, with landowners and Emmons and Burleigh counties arguing that local setbacks should apply. The judge kept the route permit in place but ordered the Public Service Commission to better explain its reasoning on public welfare, an alternate route, and why a redacted version of Summit's CO2 plume model should not be public. The ruling also has implications beyond pipelines. The 2025 Legislature copied the same preemption language for power lines, so the decision could affect how local governments handle transmission projects like the JETx line. For carbon capture projects, the case highlights how route approval, safety analysis, and local control can become deciding factors in whether a pipeline actually gets built. Summit still faces major obstacles, including a missing South Dakota permit and a state law on underground storage ruled unconstitutional. The company has proposed a Wyoming storage site as an alternative, but the legal and regulatory path remains uncertain.