Major announcement from the South Dakota Supreme Court ruling CO2 Pipelines do not fullfill the Common Carrier status therefore Eminant Domain CANNOT be used.

#30317, #30338 -2- It is thus premature to conclude that SCS is a common carrier, especially where the record before us suggests that CO2 is being shipped and sequestered underground with no apparent productive use. In addition, the circuit courts abused their discretion in denying Landowners’ request for further discovery. The record demonstrates that SCS resisted Landowners’ efforts to obtain depositions and documents that are of fundamental importance to the issues in this case.

To read the entire ruling please link here.