North Dakota Judge Revokes Summit Pipeline Permit

Ruling upholds previous decision that permits violate state constitution

Mar. 11, 2026 at 5:13pm

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A North Dakota judge has revoked the permits issued to Summit Carbon Solutions for underground carbon dioxide storage, upholding a previous decision that the permits violate the state's constitution. Summit Carbon Solutions says the permits were issued legally under a 2009 law, but property owners sued over the company's plans to build storage tanks on private land.

Why it matters

This ruling is a setback for Summit Carbon Solutions' plans to build a large-scale carbon capture and storage pipeline network across the Midwest. The decision highlights ongoing legal battles over eminent domain and property rights as companies seek to develop carbon sequestration infrastructure on private land.

The details

The judge's ruling revokes the permits that would have allowed Summit Carbon Solutions to build underground carbon dioxide storage tanks on private property in North Dakota. The company had already leased a large portion of the planned storage space, but the judge upheld a previous decision that the permits violated the state's constitution.

  • On December 1, 2025, a previous court decision ruled that Summit's permits violated the North Dakota constitution.
  • On March 11, 2026, the judge issued the final ruling revoking Summit's permits.

The players

Summit Carbon Solutions

A company developing a large-scale carbon capture and storage pipeline network across the Midwest.

North Dakota Judge

The judge who revoked Summit Carbon Solutions' permits for underground carbon dioxide storage.

Private property owners

Landowners who sued over Summit's plans to build storage tanks on their private property.

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What they’re saying

“We will continue to advance this project however we can.”

— Summit Carbon Solutions (dakotanewsnetwork.com)

What’s next

Summit Carbon Solutions is expected to appeal the judge's ruling revoking their permits.

The takeaway

This legal battle highlights the ongoing tensions between companies seeking to build carbon capture infrastructure and private landowners concerned about their property rights. The ruling is a setback for Summit's plans, but the company says it will continue to pursue the project.