Summit drops two CO2 storage permits in central North Dakota, keeps fighting for a third

You might have caught it on the morning drive: Summit Carbon Solutions has forfeited two of its three carbon dioxide storage permits in North Dakota and is pressing a legal appeal on the third, according to KFGO. For folks in Bismarck who have followed years of hearings and headlines, the shift affects projects a short drive from the Capitol and the Missouri River corridor.

KFGO reported that the company is walking away from sites labeled Summit #1 and Summit #2 in state filings while prioritizing Summit #3. The move narrows a sprawling plan to a single location in central North Dakota, with opponents telling KFGO they view the retreat as a win for landowners.

The Details

• Where: Three storage sites in central North Dakota identified in filings as Summit #1, #2, and #3 (per KFGO)
• What changed: Summit forfeited permits for #1 and #2 and will continue a legal fight over #3, according to KFGO
• Oversight: CO2 storage is regulated under state primacy by the North Dakota Industrial Commission and Department of Mineral Resources (DMR), per the DMR’s program overview (DMR)
• How to follow: Permit dockets and meeting notices are posted by the Industrial Commission and DMR (NDIC and DMR); appeals are listed on the North Dakota Supreme Court docket (N.D. Supreme Court)

Why It Matters Here

If you live or work around State Street or near the Capitol complex, you’ve heard neighbors talk about pore space rights and long-term liability. Those concerns have been central in public testimony and guidance around CO2 storage, according to the North Dakota Department of Mineral Resources’ materials on state primacy and permitting (DMR).

By stepping back from two sites, Summit reduces the immediate footprint of potential injection wells in central North Dakota, a change that opponents told KFGO eases pressure on landowners who didn’t want storage under their property. For supporters of carbon capture tied to ethanol plants, the company’s focus on a single site keeps the broader project alive, KFGO reported.

What People Are Saying

• Community response: The decision to drop two permits is being described as a win by many landowners who opposed the project over liability and property-rights concerns, according to KFGO.
• Company’s stance: Summit is prioritizing the third site because storage rights there are "nearly" secured, KFGO reported, framing it as the most viable near-term option.
• Regulators’ role: North Dakota’s Industrial Commission and DMR continue to administer storage permits under state primacy for Class VI wells, per the agencies’ public materials (DMR).

The Legal Path and What It Means

A North Dakota district court previously voided the storage permits, sending the process back to the state, KFGO reported. Summit has appealed the case focused on the third site to the North Dakota Supreme Court, according to KFGO.

For you, that means timelines now hinge on court scheduling and any subsequent remand or rehearing at the state level. The company’s emphasis on site #3 — where it says it has nearly completed storage-rights agreements, per KFGO — signals that any path forward will likely center on that location first.

Before You Go

• If you want to track what’s next, bookmark the North Dakota Supreme Court’s docket page and search for Summit-related cases (N.D. Supreme Court).
• For permit calendars, agendas, and filings, check the Industrial Commission and Department of Mineral Resources pages (NDIC and DMR). Meeting times can change — check ahead.
• To share your view, look for public comment opportunities listed with meeting notices on NDIC/DMR sites, or contact your county commissioners if you’re a landowner in the affected area.
• For ongoing coverage, follow local reporting from KFGO and Bismarck-area outlets.

What to Watch

Watch for the North Dakota Supreme Court to set or update briefing and argument dates on the Summit #3 appeal. If the court sends the matter back, expect new scheduling from the Industrial Commission/DMR for any rehearings. We’ll update when there’s a firm timeline residents can plan around.