An administrative law judge report recommends that Minnesota approve a small segment of the massive Summit Carbon Solutions project that would store millions of tons of carbon dioxide underground in North Dakota. 

A final decision from the Minnesota Public Utilities Commission could come at its Dec. 12 meeting, a spokesperson for the agency said in an email. 

The 28-mile segment in Otter Tail and Wilkin counties would connect the Green Plains ethanol plant at Fergus Falls in northwest Minnesota to about 2,500 miles of pipeline planned by Summit Carbon Solutions. 

If built, the five-state pipeline network would send carbon emissions from ethanol plants to a permanent underground storage area northwest of Bismarck. 

The report filed last week by an administrative law judge said an environmental impact statement is adequate and the project is unlikely to pollute Minnesota’s natural resources. 

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CURE, a Minnesota environmental group opposed to the project, said the report “fails to address the many concerns that impacted landowners and hundreds of community members have raised in written comments and public hearings.”

The group said the commission “will be setting a dangerously low bar for environmental review for Summit’s current project and the other pipelines it has plans to build in the state.” 

In an emailed statement, Summit said “this report reflects the hard work and dedication of everyone involved in ensuring the project meets rigorous standards.” 

Summit says it has secured 89% of the 28-mile route through voluntary easements. In Minnesota, Summit does not have the option of using eminent domain to obtain right-of-way for the pipeline. 

Eminent domain is a point of contention with landowners in other states. 

Summit did not say when it expects to file for a route permit for the larger larger part of its project in west-central and southern Minnesota. 

Summit is awaiting rulings in North Dakota on permit applications for its pipeline route and underground storage. 

Iowa has granted Summit a permit, and the company says it plans to try again for a permit in South Dakota. The project also includes Nebraska, which has no state agency in charge of issuing permits for CO2 pipelines. 

The report says Summit plans to begin construction in Minnesota in the third quarter of 2025.