Landowner Victory in North Dakota Raises Questions for Carbon Capture Infrastructure Nationwide

Farm Legal Expert Roger McEowen with the Washburn School of Law joins us to share more about the North Dakota court decision and the its larger impact on agriculture.

TOPEKA, Kan. (RFD-TV) — North Dakota’s carbon capture industry is facing new legal uncertainty following a recent court ruling involving property rights and carbon capture projects. The decision sided with landowners, raising questions about how future projects could move forward. Roger McEowen with the Washburn School of Law joined us on Monday’s Market Day Report to provide a closer look at the case.

In his interview with RFD-TV News, McEowen recapped the legal challenge and explained the factors that contributed to the district court’s decision. He also discussed the potential implications of the ruling for carbon capture development in North Dakota, particularly regarding landowner rights and project planning.

While the case was specific to North Dakota, McEowen addressed whether the decision could have broader implications and possibly influence how similar cases are handled in other states.

Firm to Farm: North Dakota CO₂ Storage Law Struck Down

Related Stories
What is “gross income from farming” for purposes of Chapter 12 (farm) bankruptcy – that is the topic of today’s Firm to Farm blog post by Roger McEowen.
In today’s Firm to Farm blog post, Roger McOwen breaks down the Court’s regulations on unconstitutional federal power and the ruling’s impact on BOI reporting.
The topic of this Firm to Farm blog post by RFD-TV agri-legal expert Roger McEowen is a potpourri of legal issues facing farmers and ranchers—farm bankruptcy, sovereign immunity, farm leases, and pipeline damages.
What can these facilities do to protect themselves? I wrote about this issue last spring, and since that time, the U.S. Court of Appeals for the Eighth Circuit has issued a significant opinion. That makes an update in order.

Marion is a digital content manager for RFD-TV and The Cowboy Channel. She started working for Rural Media Group in May 2022, adding a decade of experience in the digital side of broadcast media and some cooking experience to the team.

LATEST STORIES BY THIS AUTHOR:

As flu season closes in, Dr. Gold outlines the steps to take when you get sick — including resting, staying hydrated, and knowing when to seek medical attention if symptoms worsen.
Jeramy Stephens, with National Land Realty, says that despite today’s economic headwinds, farmland remains a resilient asset — and understanding local conditions is key to making sound decisions.
“MAKE SOYBEANS, AND OTHER ROW CROPS, GREAT AGAIN!”
FarmHER Christina Woerner McInnis joined us to discuss the next episode of “FarmHER + RanchHER” and her decision to run for Alabama Ag Commissioner.
The U.S. pork industry is staying vigilant in keeping its supply safe from foreign animal diseases like African Swine Fever.
Taiwan’s pledge to expand imports strengthens export prospects for U.S. row crops, livestock products, and specialty commodities, while the USDA’s broader trade push seeks to diversify farm markets globally.
Agriculture Shows
From soil to harvest. Top Crop is an all-new series about four of the best farmers in the world—Dan Luepkes, of Oregan, Illinois; Cory Atley, of Cedarville, Ohio; Shelby Fite, of Jackson Center, Ohio; Russell Hedrick, of Hickory, North Carolina—reveals what it takes for them to make a profitable crop. It all starts with good soil, patience, and a strong planter setup.
Champions of Rural America is a half-hour dive into the legislative priorities for Rural America. Join us as we interview members of the Congressional Western Caucus to learn about efforts in Washington to preserve agriculture and tackles the most important topics in the ag industry on Champions of Rural America!
Featuring members of Congress, federal and state officials, ag and food leaders, farmers, and roundtable panelists for debates and discussions.
The goal of “Where the Food Comes From” is as simple as its name implies — host Chip Carter takes you along on the journey of where our food comes from — and we don’t just mean to the supermarket (though that’s part of the big picture!). But beyond where it comes from, how it gets there, and all the links in the chain that make that happen.
Join markets specialist Scott Shellady, better known as the Cow Guy, as he covers the market-close, breaking down headlines that drive the commodities and equities markets with commentary from respected industry heavyweights.