POET Takes Legal Action to Support Local Farmers and Jobs

Bioprocessing company files federal lawsuit against Wabash County over carbon capture and storage project moratorium.

Mar. 11, 2026 at 10:04am

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POET, a leading biofuels producer, has announced legal action against Wabash County, Indiana, over the county's moratorium on carbon capture and storage (CCS) projects. POET contends the moratorium directly contradicts state law and unconstitutionally restricts its ability to move forward with a CCS project at its North Manchester bioprocessing facility, which the company says would benefit local farmers, jobs, and community investments.

Why it matters

The dispute highlights the tensions between local and state/federal authority over emerging clean energy technologies like CCS. POET argues the moratorium undermines its efforts to support farmers and the rural economy during challenging times, while the county maintains it has the right to regulate such projects within its borders.

The details

In 2019, Indiana passed a law declaring underground carbon storage a public use and establishing a framework for state regulation. However, in 2025, Wabash County enacted a sweeping moratorium on all CCS-related activities, effectively prohibiting any such projects. POET has complied with all state and federal requirements for its proposed CCS project but argues the county's actions are illegal and result in an unconstitutional taking of property.

  • On March 5, 2026, POET announced the federal lawsuit against Wabash County.
  • In 2019, Indiana passed a law governing carbon capture and storage projects.
  • In 2025, Wabash County enacted a moratorium on all CCS-related activities.

The players

POET

A leading biofuels producer that operates a bioprocessing facility in North Manchester, Indiana.

Wabash County

The county in Indiana where POET's North Manchester facility is located, which enacted a moratorium on carbon capture and storage projects.

Indiana Department of Natural Resources

The state agency that regulates carbon capture and storage projects in Indiana.

U.S. Environmental Protection Agency (EPA)

The federal agency that establishes regulations for carbon dioxide geologic sequestration under the Safe Drinking Water Act.

Josh Minkler

The former U.S. Attorney for the Southern District of Indiana who is leading POET's legal team at the law firm Barnes & Thornburg LLP.

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What they’re saying

“For almost two decades, POET has been a trusted neighbor in Wabash County. We believe in partnership and open dialogue, but we also have a duty to protect the workers, farmers, and landowners who wish to voluntarily participate in this project.”

— Erin Branick, POET Spokesperson

“POET remains committed to finding a sensible solution that allows CCS projects to proceed under the supervision of federal and state authorities — agencies with the expertise to ensure projects are built and operated safely.”

— Erin Branick, POET Spokesperson

What’s next

The federal lawsuit filed by POET against Wabash County will be heard in the U.S. District Court, Northern District of Indiana.

The takeaway

This legal dispute underscores the complex regulatory landscape surrounding emerging clean energy technologies like carbon capture and storage. While POET argues the county's actions undermine its efforts to support farmers and the rural economy, Wabash County maintains it has the authority to regulate such projects within its borders, setting up a clash between local and state/federal oversight.