Tensions against Summit Carbon Solutions rise in McPherson County

LEOLA, S.D. (Dakota News Now) - Landowners in McPherson County have united together to push back against Summit Carbon Solutions from allowing surveyors on their land, but now Summit is pushing back.

Nearly three dozen McPherson County citizens gathered in the Leola school band room Thursday night to discuss their concerns with the Summit Carbon Solutions carbon dioxide pipeline project.

The pipeline will run through more than a dozen counties in South Dakota. The purpose is to capture carbon dioxide from ethanol plants and sequester it underground in North Dakota. This will help reduce the carbon emission footprints of the plants.

The landowners discussed their concerns about the transparency of the route, the investors and safety of the pipeline. One of the biggest concerns is the surveying being conducted by Summit within the county.

In June, McPherson County residents filed a lawsuit against Summit, saying that surveying on private land without permission violates both the South Dakota and U.S. constitution.

”Well it’s unconstitutional. They’re coming on our ground and surveying without being welcomed, acting like we don’t have the right to say no, they can’t come on,” said McPherson County landowner Chris Sieh, who has land along the pipeline’s projected route.

The lawsuit directly challenges a state law that says anyone with an open filing with the Public Utilities Commission, like Summit does, can survey land without the owner’s consent as long as a 30-day notice is given.

”That deals with an area of law that is related to the state’s eminent domain laws. The Public Utilities Commission is not involved with that part of the law whatsoever,” said Public Utilities Commission Chairman Chris Nelson.

The McPherson County Commission also has issues with Summit surveying on county roads.

“Do we really approve of this? No. So, why are we letting them out on the roads? That’s my question. As far as I’m concerned, we don’t want it and we don’t need it,” said McPherson County Commissioner Sid Feickert.

Now, landowners in McPherson County have gotten word through email that Summit is filing a counter lawsuit against them for not allowing surveyors onto their land. There are 22 landowners included on the list to be served.

”I think it was a week ago, we saw that we were on a list to get served papers to get sued or whatever for not letting them come survey on our ground,” said Sieh.

When asked about the counter suit, John Satterfield, the Director of Regulatory Affairs for Summit Carbon Solutions, gave the following statement to Dakota News Now:

“State law recognizes that survey work is critical to ensuring the safety of major projects and we are invoking that part of South Dakota law to allow this critical work to proceed. Surveys are a critical aspect of Summit Carbon Solutions’ project and permitting process. Our team is following all state and federal laws when it comes to conducting survey work. In South Dakota, Summit has secured nearly 350 miles of voluntary survey permissions and signed over 115 miles of voluntary easements. Summit continues to create a mutually beneficial partnership with landowners which is reflective in the number of voluntary agreements signed. Across the project footprint, Summit Carbon Solutions has successfully partnered with 1,400 landowners to sign more than 2,000 voluntary easements.

Our project represents a nearly $800 million investment in South Dakota that will open new economic opportunities for ethanol producers, strengthen the marketplace for corn growers, and generate tens of millions of additional property taxes to help local communities support our schools, hospitals, roads, and more. Summit Carbon Solutions will work, as we have over the past year, to help the state realize these significant and long-lasting benefits while ensuring the project is also safe for landowners, communities, and the environment.”

Despite the lawsuit, Summit is still actively surveying in McPherson County.

“They were actually out today and kept asking to go on. Well, we have crop there. Why do they need to be out walking through the crop that’s standing there?” said Sieh.

Most of the landowners on the list of those to be served by Summit are already represented by Brian Jorde, who is an attorney with Domina Law Group in Omaha, Nebraska.

“It’s because of that unity that we’re going to stick together, and that’s what gives us a real chance about doing something here,” said McPherson County landowner Mark Lapka.

According to the landowners, they’re given 30 days to respond once they have been served by Summit.

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