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
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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.
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