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In a historic ruling that will change the South Dakota legal landscape, the South Dakota Supreme Court has sided with Domina Law Group pc llo and the landowners we represented in a lawsuit against carbon industry giant Summit Carbon Solutions. Attorney Brian Jorde developed the case and argued before the SD Supreme Court in March. Months later, the Court returned with its ruling that will impact all future land surveys in South Dakota for projects of any size.
The South Dakota Supreme Court ruling included several important notes:
- Summit Carbon Solutions failed to prove that it should be considered as a common carrier;
- Summit Carbon Solutions failed to prove why it should be allowed to take private land for public use (through eminent domain);
- Summit Carbon Solutions failed to prove that CO2 in its business scheme is a commodity; and,
- No entry or survey can take place on South Dakota land that is more than “minimally invasive” without first obtaining the landowner’s consent or following a jury trial.
This ruling has effectively halted the carbon giant’s plan to develop an $8 billion project that would have constructed a pipeline through 18 counties in eastern South Dakota. Domina Law Group pc llo represents more than 1,000 landowners potentially in the path of the destructive project.
The South Dakota Supreme Court made it clear that Summit failed to prove it is a common carrier, which is an entity that transports goods for the general public, like electricity providers that own and maintain electrical grids. Only common carriers can use eminent domain laws unwillingly seize property from landowenrs, so without this status, Summit Carbon Solutions cannot take landowners to court if they don’t want to sell their land to make way for the pipeline.
Attorney Jorde Remains Ready to Defend Landowner Rights
Despite the significant loss in the SD Supreme Court, Summit Carbon Solutions has vowed to find a way to continue its controversial pipeline project. A spokesperson for the company suggested that there will be a renewed focus on proving that the company can qualify as a common carrier, specifically one that benefits the agricultural industry.
Attorney Brian Jorde is not about to slow down or back down, though. He anticipates that Summit Carbon Solutions will try to argue that it should be seen as a common carrier if it provides carbon dioxide for oil recovery; to recover more crude oil, CO2 can be injected into older oil wells, thinning the crude oil and allowing it to flow more smoothly for collection and processing. However, Attorney Jorde is ready to argue that the process would be counteractive to the company’s claims that the pipeline is good for the environment, which could also be enough to stop the pipeline project from further development.
In an article published by South Dakota Searchlight, Attorney Jorde was quoted as saying, “So, what they’re now going to do is say they’re going to take that carbon and then produce more carbon-intensive fuels. This is just total nonsense, this whole project.”
Articles Featuring Attorney Brian Jorde
In light of this monumental ruling, Attorney Brian Jorde was interviewed and/or quoted by several prominent newsgroups, including:
What’s Next for the South Dakota Pipeline?
As mentioned, Summit Carbon Solutions has indicated that it will attempt other legal maneuvers to keep its pipeline project alive. At the same time, Attorney Brian Jorde and Domina Law Group pc llo will continue to prepare to challenge those attempts. Meanwhile, landowners across South Dakota can breathe a sigh of relief by knowing that gas companies and other similar corporations have lost some of their power to drag them to court and force the sale of their homes and properties.
Want to know more about Domina Law Group pc llo and our mission to protect the rights of people just like you nationwide? Call (888) 387-4134 to connect with our trial lawyers, who can handle everything from agricultural law and environmental law to eminent domain and condemnation, and much more. Schedule your initial consultation with our firm today.