North Dakota Energy Council

Summit Forfeits 2 (of 3) CO2 Storage Permits In North Dakota

Dustin Gawrylow — Mon, 31 Aug 2026 13:11:15 GMT

This morning, the North Dakota Monitor is reporting that Summit Carbon Solutions is giving up on 2 out of 3 permit claims in the aftermath of previous court decisions:

Summit Carbon Solutions is abandoning two-thirds of its planned project to store carbon dioxide underground in North Dakota.
The company, which had been granted permits to store CO2 in three designated areas in central North Dakota, has requested permits for two of the areas to be canceled.
“Summit #1 and Summit #2 have determined as a matter of business judgment that they will not proceed with development, construction, operation, or implementation of either proposed storage facility,” Summit said in a filing with the North Dakota Supreme Court.
A North Dakota district court voided permits for all three areas earlier this year. Summit and the state are appealing that decision. But the company is now asking the Supreme Court to limit the appeal to one of the storage areas, known as Summit #3.
The company’s decision to abandon two of its storage facility permits is a victory for many of the landowners opposing the project. Most of those landowners have objected to what they characterize as the company’s unwillingness to negotiate on matters of liability and compensation. Only one of the landowners involved in the litigation owns property in the third storage area.
In an email last week, Summit said it is prioritizing Summit #3, where the company has about 98% of the storage rights secured.
Summit’s filing stated the Industrial Commission, a three-member board chaired by Gov. Kelly Armstrong that regulates CO2 storage among other things, had approved the two permit cancellations.

This follows the December 2025 court ruling that North Dakota’s law regarding pore space was itself unconstitutional:

North Dakota's Watchdog Update

Is Carbon Sequestration Unconstitutional?

In a landmark decision with significant implications for the future of carbon capture projects in North Dakota, a state district judge has struck down key provisions of the state’s carbon dioxide storage laws, declaring them unconstitutional…

9 months ago · 1 like · Dustin Gawrylow

The timing for this news is interesting given last week’s news that the State of North Dakota reinforcing its commitment to the “Project Tundra” CO2 Sequestration project by financing the private companies who want to be involved but do not want to put their own money on the line upfront:

“Pure speculation on my part, but it would not be shocking at all given how much promoting the carbon capture agenda has cost the State of North Dakota (from the Burgum-era to the present) to see a headline in the future that announces that the state is purchasing what is left of the Summit project - such as subsurface rights the company has already paid to acquire. No one would fault the company for making such a deal, but it would be yet another black-eye for the State of North Dakota in this saga.” - Dustin Gawrylow

In July, the court order that the State of North Dakota would have to pay the legal fees of the landowners that brought the case:

A judge this month awarded North Dakota landowners attorney fees in a lawsuit against the state over a property rights law found to be unconstitutional.
The ruling means the state could owe nearly $975,000 in legal costs to the landowners and groups behind three related court challenges filed since 2019.
“We are grateful that the court recognized not only the merits of our case, but also the substantial time, effort, and expense required to defend our property rights,” Kurt Swenson, a landowner in Oliver and Mercer counties, said in a statement.
Swenson is the lead plaintiff in a lawsuit challenging the North Dakota Industrial Commission’s decision to grant permits for Summit Carbon Solutions’ proposal to inject carbon dioxide gathered from five states into underground storage in North Dakota.

If North Dakota citizens want to know how important The Carbon Agenda is to the greater Republican Green New Deal for Corporate Profit, they can visit the state’s information/propaganda website hosted by the North Dakota Industrial Commission at https://carbonnd.com/ which was part of the $300,000 re-education campaign.

Background Articles:

North Dakota's Watchdog Update

ND Legislature Set Path To The Green Agenda With Non-Binding Resolutions

In the world of legislation, non-binding resolutions and laws often times get passed as feel-good measures with little to no consequence, or at least no consequence intended by those who vote for the resolutions and bills. But occasionally, they are a great way to sneak through an agenda stealthily without anyone realizing it. Sometimes, even those of…

2 years ago · 2 likes · 1 comment · Dustin Gawrylow

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North Dakota Sinks More Into Carbon Capture

Dustin Gawrylow — Tue, 25 Aug 2026 21:35:57 GMT

This afternoon, the North Dakota Monitor is reporting that the State Industrial Commission approved $205 million for loans to jumpstart the floundering Project Tundra - a state sponsored, funded, and financed flagship project that has become Too Big To Fail:

The North Dakota Industrial Commission on Tuesday approved $205 million in loans for a project that aims to capture carbon emissions from a coal-fired power plant.
Minnkota Power Cooperative recently partnered with Reliant Carbon Capture & Storage to operate the carbon capture and CO2 delivery system.
The companies will split the loans, $45 million for Minnkota and $160 million for Reliant, which will be issued through the state-owned Bank of North Dakota.
The money will be used at Minnkota’s Milton R. Young Station near Center in Oliver County, which sits on top of an area geologically suited for permanent underground storage. Minnkota has already secured permits for the underground storage.
Grand Forks-based Minnkota has been working on a carbon capture plan known as Project Tundra since 2015.

Last week, the North Dakota Monitor was reporting that the State of North Dakota would likely be taking this action in project that has been in the works for over a decade:

Minnkota Power Cooperative is hoping to revive its stalled carbon capture project by adding a business partner and the possibility of using CO2 to produce more oil in North Dakota.
Grand Forks-based Minnkota has for years been seeking to capture carbon at its coal-fired power plant near Center for what it calls Project Tundra. Minnkota now plans to have Reliant Carbon Capture & Storage to operate the carbon capture and CO2 delivery system.
North Dakota’s Clean Sustainable Energy Authority on Tuesday recommended approval of $205 million in loans for the partnership — $45 million for Minnkota and $160 million for Reliant, which will build and own the carbon capture facility. The state Industrial Commission would have to provide final approval.
In a presentation to the authority Tuesday, company officials said the new Project Tundra plan reduces financial risk for Minnkota and the co-op’s members and brings in new technical expertise with Reliant that uses methods and equipment already deployed in the energy industry.
The new partnership should shorten the construction schedule from five years down to about two, which helps reduce construction costs.
Minnkota, in a news release last week announcing the partnership, said it would make a final investment decision on Project Tundra sometime in 2027.
Officials said that ideally, the CO2 captured from the Milton R. Young Station in Oliver County could be delivered to the Bakken oil fields. The oil industry, with help from government-supported research, is working on ways to inject CO2 deep underground to make oil wells more productive, a process called enhanced oil recovery.
“We continue to hear that CO2 is going to be our future solution to enhance oil recovery, and this is one of the first steps to sourcing that CO2,” said Sen. Dale Patten, R-Watford City, co-chair of the authority.
If there is not demand from the oil industry, Minnkota also has a permit to permanently store CO2 underground near the power plant.
Both methods of carbon sequestration are eligible for federal tax credits of $85 per ton of CO2 stored.
Project Tundra aims to sequester about 5 million tons of carbon per year. At $85 per ton, that is $425 million annually.
Under the partnership, Reliant would receive the tax credits. Minnkota would be compensated for supplying the CO2 and other services, such as access to the underground storage.
In the presentation, company officials said the project would cut carbon emissions at the power plant by 95%, would create about 350 jobs and would mean no increase in utility bills.
Mac McLennan, Minnkota president and CEO, said adding carbon capture would help ensure that the power plant can keep operating.
McLennan, who is a member of Clean, Sustainable Energy Authority, abstained from voting on the loans.
Reliant’s carbon capture facility is a $1.67 billion project. Minnkota’s costs, which include drilling the sequestration wells, is about $90 million.
The authority had set aside $250 million in loans for Project Tundra but has been waiting for a revised application that showed the project could be economically viable, Patten said.

The $205 million is actually not new money, it is part of the $250 million that the legislature had appropriated way back in 2021 when it first created the Clean And Sustainable Energy Authority.

I had, in fact, testified against that bill:

Back in 2021, when the Clean and Sustainable Energy Authority was created and appropriated, one of the first things it did was add $250 million funding to Project Tundra, as the Jamestown Sun reported:

Why Was The Necessary?

In 2024 it was announced that a company called TC Energy was dropping out of the project by KFYR-TV:

A Canada-based energy company has withdrawn from a billion-dollar carbon capture project in North Dakota, further delaying the project, according to reports.
A report this week from Zacks Equity Research said TC Energy withdrew from the project.
The company did not disclose specifically why they left Project Tundra, but a statement provided indicated they are looking to focus on projects that go more closely with its commercial interests.
Project Tundra has gained multi-million dollar grants from the Department of Energy and the state government.
However, the report said a huge bulk of the money is on hold as it can only be used once a final construction decision is made.

North Dakota’s embedded interest in carbon capture is why North Dakota landowners have struggled to get the same traction to protect their property rights as compared to South Dakota landowners.

It is also very similar to North Dakota’s embedded interest in the success of the Data Center Industry as a whole:

North Dakota's Watchdog Update

Is North Dakota's Investment Strategy Fueling Local Turmoil On Data Centers?

Last September, I wrote about how the State Land Board put $100 million of its portfolio into investment funds specifically designed to help fund data center growth…

4 months ago · 11 likes · 1 comment · Dustin Gawrylow

By continuing to put public funds at risk in these industries, the state simply will never listen to concerns of landowners and constituents.

This is why so many people thing these two issues are tied together, and that the decision process is pre-determined.

So much state money is tied up in loans and investment funds that to represent landowners and voters would be contradictory and derogatory to North Dakota’s fiduciary interests.

North Dakota’s leaders have intentionally made the state hostage to these two industries. To go against them would put hundreds of millions of dollars at risk.

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North Dakota's Two-Faced Approach On Carbon Policy Continues

Dustin Gawrylow — Fri, 03 Apr 2026 19:04:24 GMT

Over the last two week at the national level, one of North Dakota’s U.S. Senators has gotten a lot of unwanted media coverage.

It seems to have started when an organization called The Competitive Enterprise Institute put out a report a couple weeks ago which was published by The Daily Signal entitled: “A Sneaky Effort to Undermine the Fight Against Carbo…

Summit Changes Mind Again Regarding EOR

Dustin Gawrylow — Wed, 01 Apr 2026 16:56:44 GMT

Over the long saga of the Summit Carbon Solutions CO2 pipeline fight, the narrative on what the pipeline would be used for has changed multiple times, which I’ve documented along the way.

The Summit Saga started in 2022 when landowners and activists started realizing what was going on, and was originally sold as solely a “Carbon Sequestration” project to…

State Rejects $20 Million For Green New Deal Scheme

Dustin Gawrylow — Mon, 16 Feb 2026 14:01:14 GMT

Over the weekend what should be a bombshell report (and a glimpse into things to come) was published by The Bismarck Tribune and written by reporter Joey Harris:

Harvestone Low Carbon Partners is exploring the potential for capturing the carbon dioxide from its Dakota Spirit ethanol plant near Jamestown in eastern North Dakota and trucking those emission…

Trump-Appointed Judge Rules Texas ESG Law To Be Unconstitutional

Dustin Gawrylow — Mon, 09 Feb 2026 17:31:04 GMT

Last week there was in interesting development in federal court regarding a law in Texas that is similar but not identical to a law passed in North Dakota.

According to The Hill:

A federal judge this week determined that a Texas state law that seeks to prevent state funds from being invested with financial firms that boycott fossil fuel companies is uncon…

Legislature Considers (Almost)"Blank Check" For PSC vs. MISO Legal Action

Dustin Gawrylow — Thu, 22 Jan 2026 22:09:29 GMT

***Update: as per clarification by Public Service Commissioner Randy Christmann, there is a $900,000 cap on this line of credit based on previous legislation.***

Two weeks ago, I wrote about the legal action the North Dakota Public Service Commission is taking against MISO (Midcontinent Independent System Operator):

This afternoon, a reader asked me to l…

Harold Hamm Halts Bakken Drilling

Dustin Gawrylow — Sun, 18 Jan 2026 22:57:35 GMT

This weekend, a headline that will impact North Dakota’s short and mid-term future has been circulating in economic and political circles.

From Bloomberg:

As Michael Kern at OilPrice.com wrote:

If anyone is still wondering whether the Trump Administration’s goal of $50 per barrel oil price would hurt American drillers, the answer came this week from oil ty…

Trump Administration Backs BYOP-approach For Data Centers

Dustin Gawrylow — Fri, 16 Jan 2026 16:59:49 GMT

For years now, I have written about how public officials should start making moves to protect consumers from increased costs due to the increased demands created by demand centers, crypto-mining operations, and AI development:

In September, I wrote that North Dakota should lead the charge on a BYOP (Bring Your Own Power) policy when it comes to approving…

JetX Backers Ask PSC To Use HB 1258 Powers

Dustin Gawrylow — Fri, 09 Jan 2026 14:59:54 GMT

During the 2025 legislative session, one of the major themes was how much should the state of North Dakota peel back local control as the state’s property owning citizens start to exercise the powers local governments have traditionally had.

House Bill 1258 and Senate Bill 2208 were the primary legislative vehicles for tackling this.

Senate Bill 2208 wa…

PSC vs. MISO and (de)Carbon(ization)

Dustin Gawrylow — Thu, 08 Jan 2026 19:10:35 GMT

Previously, I have written about how North Dakota’s enforcement of its policies on ESG and DEI are functionally inconsistent or contradictory.

Politically, leadership opposes these policies - functionally, they really do not seek to eliminate them from how state government functions.

Sometimes that is because they really can’t (as in the case of dives…

Is Carbon Sequestration Unconstitutional?

Dustin Gawrylow — Wed, 03 Dec 2025 15:19:34 GMT

On Tuesday, Northeast Judicial District Judge Anthony Swain Benson granted summary judgment in favor of the North…

State Should Have Represented Its People, Not Just Itself

Dustin Gawrylow — Wed, 22 Oct 2025 15:07:37 GMT

Yesterday, the North Dakota Monitor reported a revelation that exposes a major problem in North Dakota: the state government too often see itself as only representing the government’s interests, and not its people’s interests.

From the North Dakota Monitor:

Landowners forced to participate in Summit Carbon Solutions’ planned carbon dioxide storage project…

Iowa Counties Ask Supreme Court to Restore Local Control Over CO2 Pipeline Siting

Dustin Gawrylow — Tue, 14 Oct 2025 18:01:46 GMT

Two Iowa counties, Shelby and Story, have formally petitioned the Supreme Court of the United States to intervene in a mounting legal conflict over the future of pipeline regulation, arguing a recent federal appeals court ruling has effectively stripped local governments of their traditional authority to zone where hazardous infrastructure can be built.

20251003131347884 Certiorari Petition Shelby Cnty

260KB ∙ PDF file

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At the heart of the dispute is a 2,000-mile, multi-state pipeline system planned by the respondent (Summit Carbon Solutions, LLC), designed to transport supercritical carbon dioxide (CO2). The counties’ petition centers on a deep division among federal circuit courts over the scope of the Pipeline Safety Act (PSA) and whether local zoning efforts are “safety standards” preempted by federal law.

This appears to be related to the letter that PHYMSA issued back in 2023 and asks for claims and counter-claims to be resolved as far as the roles of federal, state, and local governments as per federal laws.

Breaking News: Summit Asks To Remove North Dakota As CO2 Destination

Dustin Gawrylow — Sat, 11 Oct 2025 19:08:10 GMT

This morning we have news out of Iowa that will affect North Dakota.

The Des Moines Register is reporting that quote: “Summit wants to remove North Dakota as the sequestration location, change the pipeline size, and in some areas add a customer.”

The Iowa Capital Dispatch expands further:

Summit’s amendment petition with the IUC, per Dublinske and the fili…

ND vs. SD CO2 Fight Now On TV

Dustin Gawrylow — Tue, 30 Sep 2025 15:03:41 GMT

Yesterday, I wrote about how North Dakota Attorney General Drew Wrigley was seeming to back down from his previous threats to sue South Dakota to combat their laws passed to protect their citizens from abuses to the eminent domain process.

Later yesterday evening, South Dakota Speaker of the House Jon Hansen (R) appeared on Newsmax TV to discuss the figh…

Breaking News: Wrigley Rules Out Legal Action Against South Dakota

Dustin Gawrylow — Mon, 29 Sep 2025 18:21:00 GMT

Earlier this month, North Dakota Attorney General Drew Wrigley hinted at suing South Dakota for daring to defend the property rights of it citizens against the private use of eminent domain powers:

This generated a large and unified response from Republican leaders in South Dakota:

Protect Consumers From Mega-Users

Dustin Gawrylow — Mon, 22 Sep 2025 16:00:44 GMT

North Dakota is at the center of a growing national debate over energy policy, as state officials and rural electric cooperatives welcome a new wave of high-energy-consuming data centers and cryptocurrency mining operations.

Last week on KFYR Radio's K-Fire Kafe, we talked about the influx of data centers and cryptocurrency mining operations in North Da…

Xcel's 19% Rate Increase Was Planned Six-Plus Years Ago

Dustin Gawrylow — Tue, 16 Sep 2025 18:25:00 GMT

This morning, there is a lot of chatter around the news that Xcel Energy will be asking for a 19% rate hike:

From the Fargo Forum:

Xcel Energy, a power company delivering electricity to 97,000 North Dakota customers, is proposing the biggest electricity rate increase in recent North Dakota history.
The Minnesota-based power company’s proposal includes a 19…

NDMonitor: Coal, oil seek to join forces on North Dakota energy production

Dustin Gawrylow — Thu, 14 Aug 2025 12:56:22 GMT

The following is provided by the North Dakota Monitor, and syndicated in its entirety as per the their republishing guidelines.

Coal, oil seek to join forces on North Dakota energy production

Energy Secretary Chris Wright, left, and Sen. John Hoeven lead a roundtable discussion on enhanced oil recovery on Aug. 13, 2025, in Grand Forks, N.D. (Jeff Beach/No…