PIERRE, S.D. (Dakota News Now) – The South Dakota Supreme Court has rejected Summit Carbon Solutions’ petition to reconsider it as a common carrier.

Summit asked the court to reconsider its conclusion that the company failed to prove its theory that whether a substance is a “commodity” does not turn on its intended use.

But the court rejected Summit’s argument that carbon forever captured and buried underground in North Dakota is a commodity no different than CO2 put to a commercial productive use and did not grant the company‘s request to revisit this issue.