The North Dakota Supreme Court heard arguments in a case regarding a state law on underground carbon dioxide storage and landowners’ rights. Landowners, represented by the Northwest Landowners Association, are suing the state and energy companies over a law that can force them to participate in CO2 storage projects. The law allows amalgamation, requiring 60% agreement from landowners for storage projects. The lawsuit challenges the constitutionality of this law and the lack of court access for fair compensation. Summit Carbon Solutions, seeking to store CO2 in North Dakota, faces opposition from landowners and the North Dakota Farm Bureau. The state argues its authority to regulate shared resources, stating North Dakota’s geology is ideal for underground storage. The case could set a precedent on the pooling of pore space interests. Landowners contend they are being denied proper compensation for the use of their property. The Supreme Court’s decision may impact future cases involving property rights and regulatory authority.
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