Dakota Resource Council
CO2 Pipelines
North Dakota is poised to become a major dumping ground for the Carbon Capture and Storage (CCS) experimental technology. CCS is a process of capturing some carbon from industrial sources and transporting it underground for storage. C02 is stored underground in what is known as pore space, basically, pockets of air that exist between rocks or soil, the idea being that it will stay in the pore space.
While oil and gas pipelines may be necessary and come with economic benefits to North Dakotans, this industry will not. Companies want to build carbon pipelines because they can take advantage of 45Q tax credits from the Biden Administration, as well as other federal grant and loan programs. These tax credits incentivize coal, ethanol, and other energy companies to sequester carbon, in a process that experts have criticized. This industry would never exist if it weren’t for these credits. Meaning these credits are a way for large corporations to make money from the federal government at the taxpayer’s expense. Most of the voices in support of C02 credits come from the oil and gas industry, which they see as a new revenue stream and a way to justify their continued existence by claiming they can make their industry “green.”
Risk to Communities
The transportation and underground storage of C02 pose challenges and risks for communities near pipelines. Proponents of C02 pipelines will compare them to natural gas but that is far from the truth. For one thing, natural gas is lighter than air, meaning that if a carbon pipeline bursts, it will disperse in the atmosphere. On the other hand, C02 is heavier than air meaning that it will settle on the ground.
This danger is not simply theoretical, it has happened. It happened in Satartia, Mississippi in February of 2022. A carbon pipeline burst and 200 residents had to be evacuated, with 45 being hospitalized. First responders had no idea how to react to the victims, describing them as being in a “zombie-like” state. EMS and evacuation efforts were further made more difficult by the fact that vehicles did not work as well, this is because C02 at high levels interferes with gas engines. Many of these victims are still reporting poor health impacts from their exposure to the rupture.
Additionally, C02 is colorless and odorless and cannot be detected as easily as natural gas if it leaks. Meaning that if it leaks it is harder to detect and thus for EMS to respond to.
Summit Carbon Solutions
While there are currently small C02 pipelines in North Dakota, Summit Carbon Solutions, an Iowa-based company is attempting to build what would be the largest carbon pipeline in the United States. This pipeline would run through North Dakota, South Dakota, Nebraska, Minnesota, and Iowa, with the carbon being dumped in Oliver and Mercer North Dakota totaling nearly 2,500 miles of pipeline, pumping C02 at more than 1200 PSI through a 24-inch pipe.
The current proposed route will have the pipeline running under the Red River and the Missouri River. Many communities in North Dakota depend upon these rivers for their drinking water. A burst under the river would threaten these communities, as leaks can contaminate drinking water and impact water treatment facilities.
Aside from the risks, Summit Carbon Solutions has been a bad actor in their dealings with North Dakota farmers and landowners. To build their pipeline they will have to go through some people’s land. Many landowners on the proposed route have reported bad behavior from Summit. For example, Carolee Caruth a farmer and landowner in Ellendale, has testified publicly that in Summits agents have lied to her, telling her the pipeline would be approved by the PSC, to pressure her into signing. Multiple other landowners have testified to the same thing, as can be seen from the PSC hearings from 2023 and 2024.
Furthermore, Summit has been able to sue landowners who fought them prior to the pipeline being authorized. This is because carbon pipelines have been granted “Common Carrier,” status under the ND Century Code. This status means that landowners worried about their land and safety have to choose between costly and time-consuming legal fees or signing away their rights as landowners to an out-of-state company. Summit will tell you that they have a majority of landowners, yet many have testified to signing with Summit under duress.
Pore Space
Dumping carbon underground also comes with many potential issues. First off, there is no guarantee that carbon stored underground will actually stay there. It could simply leak back into the atmosphere, negating any actual climate benefits. If leaks occur underground they could contaminate the drinking water of residents in Oliver and Mercer counties. Injecting C02 at a large scale can potentially cause small earthquakes impacting infrastructure near the pore space.
Because of the changes to ND Century Code in 209, if the Oil and Gas Division, of the state Department of Mineral Resources, approves of the use of the pore space, then this will set up the Industrial Commission to approve amalgamation. Amalgamation means a taking of the pore space under a landowner’s surface, and strips away the due process associated with takings under Eminent Domain. The Industrial Commission is made up of the Governor, Attorney General, and Agricultural Commissioner.
