A massive carbon capture and storage pipeline in the United States faces indefinite delays after South Dakota passed new legislation preventing carbon capture companies from using eminent domain to access private land.

Summit Carbon Solutions, which proposed a 4,023-kilometre pipeline to carry carbon from more than 50 ethanol plants in Iowa, Minnesota, Nebraska, North Dakota, and South Dakota for underground storage in North Dakota, has filed an application to suspend its permit application timeline, reported The Associated Press.

Eminent domain allows the government to acquire property for public use, as long as fair compensation is paid to the property owner. The new law in South Dakota bans private carbon capture operators from using this power—the latest setback in a series of court battles for Summit and similar companies, as opposition to carbon capture pipelines unites Americans across the political spectrum.

Republican State Representative Kara Lems introduced the legislation, and it was signed into law by Governor Larry Rhoden, also a Republican. A similar bill was introduced last month in the majority Republican North Dakota Senate, where it failed to pass, although about a dozen other bills designed to block the Summit project are still under consideration.

Now, Summit has requested an extension from the South Dakota Public Utilities Commission, arguing the 12-month timeline for its permit application is unrealistic due to the new law. The company has not provided a revised timeline, and the commission will hold a formal hearing on the request April 10.

Summit attorney Brett Koenecke wrote in the motion that the action was needed because the new law changes the company’s ability to survey the route.

In a news release following the law’s adoption last week, Summit said “all options are on the table” for legal action. “It’s unfortunate that a piece of legislation has been framed around a single company rather than addressing broader infrastructure and economic policy,” the company’s statement said. Read More