The North Dakota Landowners Association is asking the state Supreme Court to weigh in on questions over property rights and the underground storage of carbon dioxide.
The group filed notice of an appeal Thursday. The lawsuit is against the state and could have implications for Summit Carbo Solutions and other energy companies pursuing CO2 storage projects. The association and the North Dakota Farm Bureau and others argue that state laws regulating the underground storage of carbon dioxide are unconstitutional.
The landowners disagree with the process used by the North Dakota Industrial Commission known as amalgamation, which allows the commission to get space for CO2 storage on land if at least 60% of the owners in the area are participating.
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