Carbon pipeline permit hearing kicks off with clashes on multiple fronts

Heartland Greenway is one of two carbon capture projects seeking state approval

By Joshua Haiar

South Dakota Searchlight

         FORT PIERRE — A multi-day permit hearing for a proposed carbon capture pipeline got off to a tense start Tuesday at the Casey Tibbs Rodeo Center as participants clashed over the rules of procedure and aspects of the project including land access, county-level regulations, safety and data quality.

         Brian Jorde, the attorney for some affected landowners, expressed concerns about the fairness of the proceedings. 

         “I hate to say it, but it seems like there is a foregone conclusion, at least in certain aspects of argument here,” Jorde told South Dakota Searchlight. 

         He said he was referring to a perceived bias in favor of the project on the part of some Public Utilities Commission staff members. The staff is assisting the three elected commissioners, Kristie Fiegen, Gary Hanson and Chris Nelson, who will ultimately decide whether to grant the permit.

         The proposed 1,300-mile Heartland Greenway pipeline, with a projected cost of more than $3 billion, is proposed by Navigator CO2. The pipeline would link more than 20 ethanol plants and several fertilizer plants across five states. There would be 111.9 miles of pipeline in eastern South Dakota, crossing five counties. The estimated cost of the South Dakota portion of the project is $142 million.

         The pipeline would capture carbon dioxide emitted by the plants and transport it in liquefied form for underground storage in Illinois, and for commercial and industrial uses. The project would be eligible for up to $1.3 billion in annual federal tax credits, which are intended to help fight climate change by incentivizing the removal of heat-trapping carbon dioxide from the atmosphere.

         The Heartland Greenway is one of two proposed pipeline projects that would pass through the state. But unlike the other project proposed by Summit Carbon Solutions, Navigator CO2 has not yet used eminent domain – a court process to gain access to land when an agreement can’t be reached with a landowner. 

         During Tuesday’s hearing, Jorde asked a Navigator CO2 executive if the company will use eminent domain.

         “We strive to not go down that path,” said Jeff Allen, founding member and chief financial officer of the company.

         “So, the answer is no?” Jorde replied. Allen did not directly answer.

         Navigator has thus far struck access agreements — called “easements” — with about 30% of the owners of land the pipeline would cross. Jorde argued the lack of agreements with 70% of impacted landowners is a reason for regulators to deny a permit. 

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