North Dakota's Watchdog Update

North Dakota's Watchdog Update

Is Carbon Sequestration Unconstitutional?

North Dakota District Court says the way North Dakota Century Code allows for "amalgamation" for CO2 "storage" amounts to an unconstitutional "taking".

Dustin Gawrylow's avatar
Dustin Gawrylow
Dec 03, 2025
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Unconstitutional Stock Illustrations – 61 Unconstitutional Stock  Illustrations, Vectors & Clipart - Dreamstime

In a landmark decision with significant implications for the future of carbon capture projects in North Dakota, a state district judge has struck down key provisions of the state’s carbon dioxide storage laws, declaring them unconstitutional.

On Tuesday, Northeast Judicial District Judge Anthony Swain Benson granted summary judgment in favor of the North…

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