December 5, 2025 - On Wednesday, we told you a district court judge ruled underground carbon dioxide storage was unconstitutional.

Lignite Energy Council President Jonathan Fortner provided the following statement on the ruling to Your News Leader:

“The Lignite Energy Council respects the vital role landowners play in North Dakota, and our more than 50-year history of working with them in the coal industry shows that.

“The district court’s decision creates new uncertainty for carbon capture projects,” says Jonathan Fortner, President & CEO of the Lignite Energy Council. He notes that the coal industry recently faced a series of hostile federal regulations designed to force power plants to close prematurely, and says there is very real risk of similar regulatory overreach in the future.

“Carbon management technologies are a practical tool to ensure that dependable baseload generation can continue operating in the face of those regulations. Without them there is a real risk to our ability to generate reliable, affordable electricity,” Fortner states.

“During extreme winters, North Dakotans rely on the steady baseload power lignite provides. We remain committed to working with landowners, policymakers and stakeholders to protect property rights while ensuring dependable electricity for the communities that rely on it.”

We also reached out to Summit Carbon Solutions for comment.

We will update you when we know more.