North Dakota pipeline safety not considered in route permits, attorney argues in Summit Carbon case

An attorney for North Dakota's Public Service Commission told a court in July 2026 that public safety cannot be considered when issuing pipeline permits. The statement came during a lawsuit over the Summit Carbon Solutions carbon capture pipeline. Attorney Zachary Pelham argued that welfare and safety are legally distinct, and that safety is a federal matter, not a state one. The judge pressed Pelham on what authority the PSC has if it cannot consider safety or direct pipeline routes. Landowners and two counties are suing to rescind Summit's permit. They say the PSC ignored evidence about rupture risks, including a plume dispersion model that Summit shared with some stakeholders but not with the public or opposing attorneys. The model would show how a CO2 leak could spread. Summit also faces legal challenges to its underground storage permits, which two judges have ruled unconstitutional. The company recently announced plans to target a storage site in Wyoming instead.