North Dakota pipeline safety not considered by Public Service Commission in route decisions, attorney argues

An attorney for North Dakota's Public Service Commission stated that public safety cannot be factored into pipeline route permit decisions, arguing that welfare and safety are distinct. This position is being challenged by counties and landowners who are suing to rescind the permit for the Summit Carbon Solutions carbon capture pipeline, citing flaws in the approval process including lack of public safety evidence and undisclosed plume dispersion models. The case highlights a critical gap in state-level regulation of carbon dioxide pipelines. While the PSC can consider environmental and wildlife impacts, it claims no authority over safety standards, which are treated as a federal matter. The outcome could set a precedent for how carbon capture infrastructure is sited and regulated, especially as Summit faces additional legal hurdles over underground storage permits in North Dakota and has shifted focus to a Wyoming storage site. For those following carbon markets and climate finance, this case underscores the tension between project deployment and regulatory safeguards. The lack of a clear safety framework for CO2 pipelines may affect investor confidence and project timelines, particularly as carbon capture projects scale up across the country.