South Dakota Supreme Court Rejects Summit’s Request to Reconsider “Common Carrier” Decision
Pierre – October 18, 2024 -- The South Dakota Supreme Court has rejected Summit Carbon Solutions’ petition for rehearing of its recent decision that found the company has not proven that it is a “common carrier” or that CO2 is a commodity under state law, and so remains unauthorized to use eminent domain to seize landowners’ property against their will for its dangerous and unwanted multistate CO2 pipeline and underground waste dump.
Summit asked the Court to reconsider its conclusion that the company failed to prove its theory that whether a substance is a “commodity” does not turn on its intended use. But the Court rejected Summit’s argument that CO2 forever captured and buried underground is a “commodity” no different than CO2 put to a commercial productive use, and did not grant the company’s request to revisit this issue.
The decision means Summit is not empowered to use eminent domain to seize property against landowners’ wishes in South Dakota for its proposed multistate CO2 pipeline and waste dump, and comes just as South Dakota voters will decide on Referred Law 21, Summit’s bought-and-paid-for law that strips all local control from counties. Landowners with the South Dakota Easement Team and concerned citizens across the state are urging voters not to be fooled – Referred Law 21 will not protect landowners, and to vote “no” on RL 21 to protect all South Dakotans from the risks of CO2 leaks and pipe ruptures.
“If Summit is not transporting a “commodity” “for hire” then it cannot use eminent domain,” said Brian Jorde, attorney for S.D. landowners with Omaha-based Domina Law Group. “Landowners simply want their constitutional rights protected. Neither Summit nor its business model is what the founders of this Country had in mind when carving out the extreme right of eminent domain. Eminent domain must not be handed out to anyone with an LLC and a dream.”
“Once again Summit Carbon Solutions has been stymied in South Dakota in their attempt to find a path forward to construct their hazardous CO2 pipeline,” said Ed Fischbach, South Dakota landowner impacted by the proposed Summit CO2 pipeline. “The South Dakota Supreme Court has denied a motion by Summit asking them to reconsider their recent landmark decision finding that Summit was not a common carrier, thus ruling out the use of eminent domain and that the CO2 was not a commodity. It is long past time that Summit realizes there is no path forward in South Dakota and does the honorable thing for once and calls it quits.”
“Landowners and communities impacted by Summit’s hazardous carbon pipeline across the Midwest are grateful for the Supreme Court’s common sense ruling. It’s encouraging to see the court agree with landowners and demand Summit prove its case to ensure a private company does not misuse the law for their own profit under the guise of providing a public service,” said Emma Schmit, Pipeline Fighters Director, Bold Alliance.
About South Dakota Easement Team
The South Dakota Easement Team works to educate, organize and support landowners who are opposed to eminent domain for private gain, and pool resources for landowners seeking legal representation in eminent domain battles and pipeline fights. Landowners with the SDET also sponsor a range of advertising and social media outreach, and are networking with other state-based Easement Teams and landowners opposing carbon pipelines across the Midwest. The Easement Action Teams are a project of the Bold Education Fund. Read more about the SDET: https://SDeasement.org.