North Dakota pipeline safety ruling: Regulators say public welfare does not include safety for CO2 pipelines

An attorney for North Dakota's Public Service Commission argued in court that the agency cannot consider public safety when issuing a pipeline permit, even for hazardous CO2 pipelines. The case involves Summit Carbon Solutions' proposed carbon capture pipeline, which would transport CO2 from ethanol plants for underground storage. The attorney claimed welfare and safety are distinct legal concepts, and safety is strictly a federal issue. The lawsuit brought by two counties and landowners challenges the permit approval process, citing that the commission did not consider evidence about what would happen if the pipeline ruptured. Summit's plume dispersion model, which would help determine safety risks, was not made public or part of the official record. The judge has not yet ruled on the case. This legal interpretation has major implications for carbon capture pipeline projects across the Midwest. If state regulators cannot consider safety in routing decisions, the burden falls entirely on federal oversight and local ordinances. The Summit project already faces setbacks in South Dakota and has been rerouted to Wyoming for storage, with its North Dakota permits now under legal threat.