In breaking news today, the South Dakota Supreme Court has reversed the Circuit Court’s decision regarding the summary judgment that Summit Carbon Solutions (SCS) is considered a common carrier and by extension it’s right to exercise eminent domain power. A coalition of east river landowners appealed that decision resulting in today’s ruling by the Supreme Court. The court stated, “the record does not demonstrate that SCS is holding itself out to the general public as transporting a commodity for hire. It is thus premature to conclude that SCS is a common carrier, especially where the record before us suggests that CO2 is being shipped and sequestered underground with no apparent productive use.”
Carbon Capture is deemed “Not a Public Commodity” by South Dakota Supreme Court
