WATFORD CITY, N.D. – North Dakota Attorney General Drew Wrigley says they’re “examining all possibilities” when asked if the state plans to sue South Dakota over a new law blocking construction of a carbon capture pipeline.
Earlier this year, Governor Larry Rhoden signed a bill that prohibits eminent domain for CO2 pipeline projects.
The new law is now preventing Summit Carbon Solutions from constructing a pipeline through the state to reach North Dakota.
The Iowa-based company, which has filed its own legal action, is looking to transport CO2 from ethanol plants in five states to underground storage sites in western North Dakota.
Listen: ND AG Drew Wrigley on The Flag
Governor Rhoden argues their state law protects property rights and state landowners who feel easements imposed are akin to violations of freedom.
Calling it a “bad policy choice” and a “hostile act” by South Dakota, Wrigley says eminent domain is a “societal protection” and a “right of way for pipelines and other essential infrastructure {like] roadways and transmission lines.”
“They’re our friends. There’s a lot of great people down there, but I believe that was misguided legislation,” Wrigley told The Flag on Wednesday at the site of the North Dakota Petroleum Council’s annual meeting in Watford City.
“My question is how do you change the constitution with your legislation. It doesn’t work that way. The constitution controls all legislation.”
Wrigley says he’s “in the midst of conducting some legal research into what are North Dakota’s options.”
“To have a nation, you have to have commerce between, around and across states. There are limitations on what one state can do that then would make them the regulator of the nation, so to speak,” said Wrigley.
Wrigley says he’s had “preliminary discussions” with Governor Kelly Armstrong, but also notes he’s had “good dialogue” on the matter with South Dakota’s Attorney General and plans to engage with the state’s legislative leadership.
“We’ll see what we can get done.”
