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North Dakota Supreme Court sides with Summit in landowner dispute

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North Dakota Supreme Court sides with Summit in landowner dispute


North Dakota Supreme Court Chief Justice Jon Jensen, left, and Justice Lisa Fair McEvers hear arguments Dec. 18, 2023, in a case involving Summit Carbon Solutions and landowners. (Kyle Martin/For the North Dakota Monitor)

BY: JEFF BEACH

BISMARCK, N.D. (North Dakota Monitor) – The North Dakota Supreme Court has ruled in favor of pipeline company Summit Carbon Solutions in a dispute with landowners over the right to access properties to survey the land. 

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The ruling released Thursday affirms a lower court ruling that the pipeline company did not need permission from landowners before accessing property to determine a possible route. 

Some landowners have refused to grant Summit access to survey their property as Summit attempts to site its carbon capture pipeline. 

Several cases regarding survey access were grouped together in the case SCS Carbon Transport v. Malloy. 

Howard Malloy of Bismarck owns land in Morton County where Summit wants to site its pipeline. Malloy contends the property is a prime housing development area. 

Iowa-based Summit is trying to obtain property easements for its five-state carbon capture pipeline.  

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Summit says it has secured more than 80% of the North Dakota route through voluntary easements but some landowners, such as Malloy, have refused to grant survey access. 

In December, attorneys for the landowners argued that the state law granting survey access is unconstitutional. 

North Dakota law does not require written notice to landowners for survey access and allows survey crews access for projects that would benefit the public to show up at any time. Attorney Brian Jorde argued in December that written notice should be required and landowners should be compensated up front. They also should have a right to challenge access requests in court, he argued.

Without those protections, a pipeline or utility company effectively has an easement on the property, he argued. 

The Supreme Court on Thursday upheld a district court ruling, saying that court’s order “did not grant the functional equivalent of an easement, either temporary or permanent.” 

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Jorde said Thursday that for the courts to deem the statute constitutional, it needed to determine that there were already limits on the survey access. He contends the court incorrectly applied the statute’s limits on the use of the property, in this case a pipeline, and applied it to survey access, where the statute provides no limits. 

The ruling did add that landowners could take legal action if Summit damages the land “and unreasonably interferes with its ordinary use, or continues to occupy the land beyond the time reasonably needed to complete its examinations, surveys, and maps.” 

Bismarck attorney Derrick Braaten also represented landowners in the case. 

“The good thing for landowners is that it appears the Supreme Court is going to narrow the scope of what is allowed in precondemnation surveys and has left open the issue of compensation for any damages,” Braaten said in an email. “We disagree that these kinds of surveys are a background restriction on our property rights.” 

Summit issued this statement: 

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“Summit Carbon Solutions respects the North Dakota Supreme Court’s decision. We are committed to conducting our surveys responsibly, respecting landowners’ rights, and ensuring minimal impact. We will continue to adhere to legal requirements and compensate for any damages during our activities.”

Jorde said he would continue to analyze the ruling and determine next steps in the coming weeks.

Jorde’s Domina Law firm represents landowners across the footprint of the Summit pipeline project, which aims to connect 57 ethanol plants to an underground carbon storage site northwest of Bismarck. 

There was a similar survey access case argued before the South Dakota Supreme Court, which has yet to rule. A date for oral arguments in another case before the Iowa Supreme Court has yet to be set. 

Jorde said North Dakota’s law would be the most difficult for landowners to overcome. 

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Meanwhile, the North Dakota Public Service Commission is holding hearings on Summit’s pipeline route permit application. The PSC denied Summit a permit last year but has allowed Summit to address the PSC’s concerns and reconsider the case.



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Fire burns at Pallet Green Recycling storage yard in rural Williston

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Fire burns at Pallet Green Recycling storage yard in rural Williston


WILLISTON, N.D. (KFYR) – UPDATE (5/10/2026 at 11:45 p.m.): A fire broke out at a Williston recycling business Sunday evening, and no one was injured.

Multiple crews responded to Pallet Green Recycling just before 8:30 p.m., according to the Williston Fire Department. Crews arrived at the scene where they fought heavy smoke and flames.

Industrial storage containers were on scene, and officials say it is unclear what, if any, chemical residue was inside them. Officials believe there is no danger to the public.

Williston Fire Chief Corey Johnson said the fire was contained to the business’s exterior storage yard, and crews were not concerned about it spreading beyond the property.

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“Right now, the structures are protected in the area. We’re not concerned about the fire spreading off of the lot,” Johnson said.

Multiple departments from across Williams County responded, and extra water trucks were brought in due to the fire’s remote location.

The cause remains under investigation.

This is a developing story. Your News Leader will provide updates as more information becomes available.

ORIGINAL STORY (5/10/2026 at 9:39 p.m.): Crews responded to a large fire at a storage yard in rural Williston on Sunday night.

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The fire is located at Pallet Green Recycling, according to the business owner.

Sylvia Luebke captured video of the scene from a distance around 8 p.m. The fire sent a large plume of smoke over the area. Luebke said it was still burning as of around 9 p.m.

Williston Rural Fire is working to battle the fire. The department was unable to comment at this time.

The cause of the fire is unknown.

Copyright 2026 KFYR. All rights reserved.

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ND Guard officer in charge of DC special mission

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ND Guard officer in charge of DC special mission


Submitted Photo
U.S. soldiers with the Nebraska and North Dakota National Guards, assigned to Joint Task Force-District of Columbia in support of the DC Safe and Beautiful mission, pose for a group photo at a hotel in Alexandria, Virginia, April 28. N.D. National Guard 2nd Lt. Caleb Hill, front row, far left, served as the officer in charge of the mission when soldiers assigned to JTF-DC responded to the shooting incident at the White House Correspondents’ Association dinner April 25. About 2,500 National Guard members are supporting the DC Safe and Beautiful mission, providing critical assistance to the Metropolitan Police Department to help ensure the safety of residents, commuters and visitors throughout the District. U.S. Army National Guard photo by Staff Sgt. Thomas Norris.

WASHINGTON – U.S. soldiers with the North Dakota, Arkansas and Nebraska Army National Guard, assigned to Joint Task Force-District of Columbia in support of the DC Safe and Beautiful mission, responded to a shooting incident at the White House Correspondents’ Association dinner (WHCAD) at the Washington Hilton in Northwest Washington April 25.

The Guardsmen were at the WHCAD at the request of the U.S. Secret Service (USSS) as an additional patrol unit created specifically for the event, which celebrates the contribution of news organizations and independent journalists alike who provide notable coverage relating to the presidential administration.

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“Our mission was to assist the U.S. Secret Service with crowd control,” said Capt. Kevin Peatrowsky, an operations officer with the Nebraska National Guard (NENG) assigned to JTF-DC.

As the Guardsmen were monitoring their area of operations, they saw USSS agents sprint toward the hotel entrance.

“They were running full speed with their weapons drawn,” said Sgt. 1st. Class Allen Haney, a team member with the Arkansas National Guard. “We immediately followed suit.”

Staff Sgt. Kirsten Confer, a NENG combat medic and battle captain, recalled her response to the incident: “We fell back on our basic training. You run toward danger and move in a way that makes sense for the situation.”

According to Confer, the Guardsmen entered the hotel and immediately began securing the scene and ensured that the guests evacuated safely. At the direction of a federal agent, Confer began a rapid trauma assessment on the suspect which resulted in finding knives and ammunition on the shooter. Simultaneously, the Arkansas soldiers moved outside to provide crowd control at a pedestrian barricade outside the hotel.

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“From there, we assisted wherever we could,” said 2nd Lt. Caleb Hill, a National Guardsman from North Dakota who served as the officer in charge for the mission. “We were initially helping with crowd control. After that, we realized that the USSS had begun rerouting everyone in the hotel, so we moved to the doors. We were controlling entry into the venue, so we had moved a couple more people outside, so we had five inside, eight outside.” Both Arkansas and Nebraska worked well alongside one another and, alongside the federal agencies. Hill also noted that relying on his soldiers allowed him to move to different teams, which helped allow him to plan and coordinate with different agencies.

According to 1st Lt. Jonathan Goins, a platoon leader with the Arkansas National Guard, Arkansas soldiers also helped establish a security perimeter for the staging of the presidential motorcade. Later, the team assisted federal agencies and MPD with crowd control, which helped clear the way for the president and administration officials, he said.

“Guardsmen on this mission represent the very best of the nation,” said U.S. Army Brig. Gen. Leland Blanchard II, the interim commanding general of the District of Columbia National Guard. “The world got a brief glimpse, but I see them each day serving and doing amazing things across the District.”



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Stampede stay alive with 2-1 OT win in Fargo

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Stampede stay alive with 2-1 OT win in Fargo


FARGO, N.D. (KELO) — The Sioux Falls Stampede staved off elimination with a 2-1 overtime win over the Fargo Force in game four of the USHL Western Conference Finals Saturday night.

Thomas Zocco scored the game-winner 12 minutes into the extra period. Arseni Marchenko put Fargo on the board first in the first period. Noah Mannausau tied the game for the Herd in the second period.

Sioux Falls outshot Fargo 53-49, including 9-5 in overtime. Linards Feldbergs made 48 saves.

Three of the four games of the series have gone to overtime. The winner-take-all game five is Tuesday at the Premier Center.

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