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Clear out junk files and repair common Windows errorsFree Scan →Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →North Dakota’s initial approvals covered three proposed Summit Carbon Storage facilities, not permission to inject carbon dioxide. Court rulings later voided storage permits, Summit sought cancellation of two facilities, and the company announced a pipeline reroute to a Wyoming storage site. The third North Dakota facility’s final legal status was not established in the available records as of October 8, 2026.
What North Dakota approved
The state’s Department of Mineral Resources (DMR) lists Summit Carbon Storage #1, #2 and #3 under its Class VI geologic-sequestration permitting information. The approvals were for storage facilities: the state process establishes a proposed facility area, addresses pore-space amalgamation and requires financial responsibility. They did not, by themselves, authorize Summit to inject CO2. The DMR explains the distinction on its Class VI permitting page; its April 15, 2024 draft permit for Summit Carbon Storage #3 is a facility-permit document, not an injection authorization.
Facility approval is not injection approval
Under the DMR’s explanation, a proposed operator must still obtain a separate Class VI well permit. After a well is completed and tested, the operator must also receive authorization to inject through an approved NorthSTAR sundry. A facility permit therefore marks one part of a permitting sequence, not the point at which injection can begin.
Why the original permits no longer tell the whole story
On March 10, 2026, North Dakota Monitor reported that a district judge voided a Summit storage permit after finding parts of the state law used to issue it unconstitutional. The report described this as the second such ruling that winter. The court rulings changed the practical status of the original approvals; the DMR’s continuing list of permits issued does not, by itself, resolve the effect of later court decisions.
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On August 31, 2026, North Dakota Monitor reported that Summit had sought cancellation of its #1 and #2 storage permits, while litigation over #3 continued. In a filing with the North Dakota Supreme Court, Summit said: “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.” That is the company’s stated business decision, as quoted by Jacob Orledge and Jeff Beach—not a court finding about the final legal status of either facility.
As of October 8, 2026, the available information does not establish a final court or agency disposition for Summit Carbon Storage #3. The DMR’s listing and the later reports describe different records and events; neither should be treated as a complete account of the third site’s ultimate status.
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What EPA’s decision did—and did not—cover
The U.S. Environmental Protection Agency records Subpart RR monitoring, reporting and verification (MRV) plan decisions for Summit Carbon Storage #1, #2 and #3 dated September 16, 2024. Subpart RR concerns greenhouse-gas reporting and the facility’s MRV plan. The EPA expressly says that such a decision is not an endorsement of the project, its technology or the parties, and it is not a North Dakota storage-facility permit or a Class VI injection authorization. See the agency’s Subpart RR page.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Where Summit’s pipeline plans stood in 2026
On May 13, 2026, North Dakota Monitor reported Summit’s announcement that its revised pipeline route would go to a storage site in Wyoming; the announcement did not mention a North Dakota route. The report said the future of Summit’s North Dakota project was unclear. That announcement is distinct from the legal status of North Dakota’s storage permits: a route change does not itself decide the outcome of litigation over a storage facility.
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Iowa’s construction approval is another separate part of the project’s regulatory picture. On June 30, 2026, the Iowa Utilities Commission modified a construction condition on remand. It requires Summit to demonstrate agency-level or substantially similar approval for both a sequestration location and a route to that location. The requirement links the destination and pipeline route for purposes of Iowa’s condition; it is not North Dakota injection authorization. The commission’s updates are on its Summit Carbon Solutions and SCS Carbon Transport applications page.
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How to read the different approvals
| Record or decision | What it addresses | What it does not establish |
|---|---|---|
| North Dakota storage facility permit | Facility area, pore-space amalgamation and financial responsibility, as described by the DMR | Permission to inject CO2 |
| Class VI well permit and later injection authorization | Well permitting, followed by authorization after completion and testing, under the DMR’s process | Whether a pipeline route is approved |
| EPA Subpart RR MRV decision | A facility’s monitoring, reporting and verification plan under EPA greenhouse-gas reporting rules | Project endorsement, a state facility permit or an injection permit |
| Iowa construction condition, modified June 30, 2026 | Proof of approval for a sequestration location and a route to it, according to the Iowa Utilities Commission | Final resolution of North Dakota permit litigation |
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