Law firms representing landowners opposed to Summit Carbon Solutions' plan to build a carbon dioxide pipeline through parts of North Dakota accuse the company of seeking a "do over" from the ND Public Service Commission.

The PSC on August 4 voted unanimously to deny a siting permit for Summit's Midwest Carbon Express CO2 Pipeline Project, indicating that it failed to demonstrate the project would not cause adverse effects on the environment and the citizens of North Dakota. But in a petition for reconsideration filed August 18, Summit said it had identified an alternative route that would move the pipeline farther north of the City of Bismarck. The company is seeking a one-day rehearing to present witness testimony to address concerns cited in the PSC's order denying the pipeline siting permit.

Attorneys representing affected landowners contend that Summit had its chance to make its case during the five hearings conducted by the PSC, and that its petition for reconsideration only means that "SCS has reconsidered SCS's decisions."

"This includes its decision to ignore the concerns of the Commission, elected officials, the public and state agencies like the State Historical Society of North Dakota and the North Dakota Geological Survey," wrote Rosanne Ogden, attorney with Knoll Leibel. "However, the rules do not save a party from its own bad decisions."

Ogden further argues that Summit's petition "is a tacit admission that the Commission got it right," and is asking the PSC for a "do over." In her law firm's response, Ogden wrote that Summit "failed to answer basic questions, much less make a persuasive case regarding the appropriate criteria."

Seeking to re-open the evidentiary proceedings in order to have a "second bite at the apple" should not be allowed, according to a response filed by attorney Randall Bakke.

Bakke urged the PSC to deny Summit's petition "because the Commission did not make a mistake of law, did not misconstrue or misapprehend the evidence and facts provided (or not provided) at the hearings, did not rely on fraudulent or mistaken evidence or testimony, and because Summit had a full and fair opportunity to present its case during the evidentiary proceedings." He said Summit is actually asking the PSC to change its mind, which does not meet the legal standard for reconsideration.

Another intervenor in the case, Laborers' International Union of North America, did not object to the petition for reconsideration. In LIUNA's response, attorney Kevin Pranis wrote that the group understands concerns of intervenors and has its own, but also appreciates Summit's efforts to mitigate project impacts and share additional information with the public.

"It is our hope the proposed rehearing would provide an opportunity for Summit to sufficiently address these concerns without starting the process over, which would cause significant delays and impose burdens on participants, including in our organization," Pranis wrote.

The PSC has 30 days to consider the petition. If no decision is made at the end of 30 days, it will be considered denied.

Click here to read Summit's petiton for reconsideration. Click here to read Knoll Leibel's response. Click here to read Bakke's response. Click here to read LIUNA's response.

Click here to read an article by Joey Harris in the Bismarck Tribune about the landowners' response.

North Dakota Governor Doug Burgum's US Presidential campaign has captured the attention of several major media outlets, and in each of his television appearances, Burgum has emphasized the importance of energy to the US economy. 

In an appearance on Fox & Friends, Burgum said the Biden administration's energy policies are driving inflation and jeopardizing national security.

Click here to listen to Burgum's comments.

In a response to a question about Biden administration claims that inflation is going down and the economy is improving, Burgum pointed out that inflation caused by Biden's policies means the average household is spending $700 more per month, so the damage has already been done.

Click here to listen to Burgum's comments.

In an interview with Newsmax, Burgum deflected a question asking whether he'd pardon former President Donald Trump if he was convicted, and shifted to the importance of addressing global energy policy. He said the Biden administration appears to be ignoring energy's important role in the global economy.

Click here to listen to Burgum's comments.

In an interview on CNN, Burgum said the Biden administration fails to acknowledge the United States is in a Cold War with China, but he said current federal energy policy is hurting the US economy, and is helping China.

Click here to listen to Burgum's comments.

In several interviews, Burgum has said the country needs new leadership, and he is not interested in a cabinet position or serving as vice president.

The ND Petroleum Council has announced its lineup of speakers for its annual meeting to be held September 19-21 at the Rough Rider Center in Watford City.

The gathering gets underway Tuesday evening with check-in and registration at 6:00 p.m. at First International Bank on Main Street in Watford City. The opening social will be held at First International and Outlaws Bar and Grill, which are in the same building.

The meeting begins Wednesday morning with a breakfast buffet fundraiser, featuring remarks at 8:15 from Tim Sheehy, Republican candidate for US Senate in Montana. Leading off the business agenda will be ND Governor and Presidential candidate Doug Burgum. His remarks are scheduled to begin at 9:40 a.m. Burgum will be followed by Doug Lawler, president of Continental Resources. Lawler, who has three decades of experience in the oil and gas industry, has been with Continental since February 2022. Closing out the morning agenda will be Martin Stuart, VP of Operations for Marathon Petroleum.

The afternoon agenda features several presentations on technical topics of interest to industry members, followed by a social and dinner at Teddy's Residential Suites. The Thursday morning program includes more technical presentations, a Bakken production update from DMR Director Lynn Helms, a pipeline update from ND Pipeline Authority Director Justin Kringstad, and concludes with an employer panel discussion of the Bakken GROW program (Global Recruitment of Oil Workers).

Click here to see the full agenda. Click here to register to attend.

Allen West, a former congressman and military officer, will be the keynote speaker at this year's annual meeting of the Lignite Energy Council, scheduled October 4-5 at the Bismarck Event Center.

The two-day event opens with a ND Public Service Commission update from Commissioner Julie Fedorchak. Her remarks will be followed by a presentation on the effect of the WOTUS rule and water use in North Dakota by Andrea Travnicek, director of the ND Department of Water Resources.

Following West's remarks during the noon luncheon, attendees will hear from ND Attorney General Drew Wrigley, who will provide an update on the state's environmental litigation efforts. Day Two opens with remarks from Lt. Governor Tammy Miller during the CoalPAC breakfast. The agenda also includes presentations on common sense clean energy, and developments in efforts to reduce carbon dioxide emissions. The event also features the traditional session on mine and plant updates, as well as industry awards during the opening day luncheon.

Click here to see the agenda and a registration link

Senator Kevin Cramer, oil industry leaders and energy advocates took part in a tour of a pipeline "boneyard" near Scranton with stacks of pipe that were to have been part of the Keystone XL Pipeline.

The project would have transported oil from Alberta to American refineries in the Gulf of Mexico, and could also have handled upwards of 100,000 barrels per day of North Dakota crude. The $8 billion project was brought to a halt when Joe Biden revoked a presidential permit to cross the US-Canadian border on his first day in office in January 2021. Pipeline developer TC Energy formally announced it was abandoning the project five months later.

Speaking at the tour organized by Americans for Prosperity, Cramer chastised Biden and his environmental activists for putting their agenda ahead of the US economy and national security interests. which proponents argue would have been a more efficient and safer mode of oil transportation.

“The real problem the Keystone XL pipeline highlighted is environmental extremists simply hate oil. They disregarded our number one trading partner, Canada, and the jobs and security North American energy brings,” Cramer said. “We could have had 900,000 barrels of oil from our friends in Alberta, but the Biden administration would rather import it from our adversaries in Venezuela. Squandering the abundant, clean resources we have been given is unethical and unjust to the American people who would benefit."

At the time of its closure, the project was under construction and employed more than 1,500 workers. By the end of 2021, it would have provided approximately 11,000 direct jobs and 60,000 direct and indirect jobs. 

Click here to read more about the event in an article from the Dickinson Press.

The Department of Trust Lands third quarter oil and gas lease auction generated more than $678,000 in bonus revenue for the state, with the highest bid at nearly $2,000 per acre.

The auction offered 78 tracts with a total of 8,742 mineral acres. Chris Suelzle, director of Minerals Management for the Land Department, said most of the tracts were outside the highly-productive Bakken core. But he said because of the increasing use of three-mile laterals making marginal wells more productive, there was a lot of bidder interest in the lease sale even though they were on the periphery of the play.

Click here to listen to Suelzle's comments.

The auction brings the total revenue generated by lease sales on state trust lands to just over $3 million this year. The number pales in comparison to lease sales at the onset of the Bakken. The peak year was 2010 when 163,000 acres were leased, at an average bonus of $1,929 per acre, generating total revenue of $315 million.

The Environmental Protection Agency has awarded $500,000 to McKenzie County to inventory, characterize, assess, and conduct cleanup planning on potential brownfield sites in the county.

Brownfields are real property, the reuse of which may be complicated by the presence of a hazardous substance, pollutant or contaminant. The agreement provides funding for the county to conduct assessment-related activities, including contracting with a qualified environmental professional, as authorized under federal law.

The county has identified target areas in the cities of Alexander, Arnegard Watford City as the primary focus of the assessments. The areas were selected based on community need, high potential for reuse of identified brownfields, and the ability to address "environmental justice" issues.

The EPA agreement describes how decades of industry shifts and development have created a need for greater diversity of jobs, an excess of vacancies, a lack of affordable housing, and daycare and senior housing shortages resulting in job loss in the county, reduced safety, and increased poverty which is stressing housing and economic development. The county anticipates conducting eight community meetings to discuss remedial action plans.

North Dakotans spent 17% more on taxable goods and services in the first half of 2023 compared to the same period in 2022, according to a report from the state tax commissioner.

Taxable sales and purchases for April, May and June of 2023 totaled $6.9 billion. Tax Commissioner Brian Kroshus said the state's economy continues to perform well, with strong growth in taxable sales and purchases over 2022 numbers in nearly all major categories including energy and agriculture. But in an interview on KFYR Radio's Your Talk, Kroshus said with recent updates about expanding drought in the northern portion of the state, the growth trend may level off.

Click here to listen to Kroshus' comments.

Kroshus said the strong numbers are also tempered by inflation because higher prices for goods and services mean consumers also pay more sales tax.

Click here to listen to Kroshus' comments.

Thirteen out of 15 major industry sectors reported taxable sales and purchase increases when compared to the second quarter of 2022. Most notably, the mining and oil extraction sector increased by $246 million (a 51% increase) and the wholesale trade sector increased by $359 million (a 25.1% increase).

Among the state's four largest cities, Minot reported the biggest gain at 13 percent. Among smaller communities, New Town led the way, more than doubling last year's sales with a 115 percent increase. Three oil-producing counties were among the top five among the state counties, with Mountrail County up 62.9 percent, Divide County up 51.9 percent, and Williams County reported an increase of 34.8 percent. 

Click here for more details about state tax collections.

The U.S. Department of Energy awarded a $12.5 million grant to the Energy & Environmental Research Center (EERC) for the Prairie Compass Direct Air Capture (DAC) Hub. The grant will support work with Climeworks, an Iceland-based company that has pioneered technology to capture carbon dioxide from the air.

In the first phase of the project, the team will perform an initial engineering study on the potential to economically scale DAC technology in North Dakota, while also studying the number of direct jobs and other economic opportunities that Prairie Compass DAC Hub would create.

Climeworks is the first company to bring to market DAC technology in combination with permanent underground storage of the CO2 captured. The company is currently operating the world’s largest and only commercial air capture and storage facility in Iceland.

The Prairie Compass DAC Hub will combine Climeworks’ technology with permitted geologic CO2 storage facilities in North Dakota to demonstrate commercial-scale. The initial feasibility work will focus on Minnkota Power Cooperative’s permitted CO2 storage facility near Center, ND, and the potential for Minnkota to provide support services to the project. If successful in its first phase, the Prairie Compass DAC Hub would be eligible to apply for additional DOE funds to support deployment to capture and store 1 million metric tons of CO2 annually by 2030.

“Direct air capture technologies have the potential to be a key piece of the puzzle in building a low-carbon economy in North Dakota while helping to create good-paying jobs in construction and operations for communities hosting DAC projects,” said Charles Gorecki, EERC CEO. “Our collaboration with Climeworks, as a global leader in direct air capture, continues the EERC’s legacy of being on the forefront of low-carbon technology innovation.”

If the Prairie Compass DAC Hub continues to the next phase, the project will deploy advanced, commercial-scale DAC infrastructure to demonstrate CO2 removal at an unprecedented scale. Community engagement and workforce development are core components of the project and guide the creation of future DAC facilities.

Click here for more information on DAC technologies.

The Mandan, Hidatsa and Arikara Nation held a ribbon-cutting ceremony this week to mark completion of the tribe's new administration headquarters.

The facility built in the West Complex of 4 Bears Park will serve as the new "capitol building" for the MHA Nation. It includes a 17,500-square-foot government support wing to improve relationships with the federal government to further aid in self-government and economic prosperity.

“This is a building that represents the cultural significance of the Mandan, Hidatsa and Arikara people, with many features of art and design from our very own enrolled artists,” said MHA chairman Mark Fox.

The 47,000-square-foot administration building has a geothermal heat pump system, and uses LED lighting, a design to maximize use of sunlight, and makes use of occupancy sensors, which is expected to result in a 50 percent energy savings over a typical building.

Lt. Gov. Tammy Miller, who was on hand for the ceremony, congratulated MHA Nation on the new headquarters and thanked Chairman Fox and the Tribal Business Council for their leadership and ongoing collaboration with the state.

"It is a very beautiful, functional, state-of-the-art facility,” Miller said before a ribbon-cutting ceremony. “Thank you for having the vision to create a facility not only that meets your needs today, but that will meet your needs well into the future.”

The Hettinger Public School District has been awarded a $10,000 innovation grant from the Department of Public Instruction to finance an advanced botany instruction program, including a rain garden and hydroponics system for growing plants.

Brooke Schneider, who teaches science in grades 5-7 at Hettinger, said several agricultural stakeholders will be part of the project, including the Adams County soil conservation district and library, local farmers and agronomists, and NDSU's research extension center at Hettinger.

Botany is the scientific study of plants, including how they function, how they have evolved and are related to each other, and how people use them. The school district lacks a botany program despite its agricultural nature, and its ability to teach about botany and agriculture is limited, Schneider said. 

“Agriculture is important to us, yet our school has minimal resources to educate our students about the quickly changing industry,” Schneider wrote in the grant application. “Additionally, agriculture has impacted our native ecosystem, which could negatively impact the industry. It is vital that our students design and analyze innovative practices to ensure a healthy environment and bountiful harvests.”

The project will include a greenhouse, hydroponics – a crop system that grows plants in water infused with nutrients – and a rain garden, which is a garden of native plants in a land depression that filters water runoff and allows the ground to absorb more water. The funding comes from DPI's teacher innovation grant program, which was established using federal COVID-19 recovery funds. 

Click here to read a Dickinson Press article about the botany program.

Get the date on your calendar! The annual meeting of the Western Dakota Energy Association will be held:

October 11-12
Astoria Hotel & Event Center
Dickinson, ND

The opening day will feature presentations on the current and forecast state of North Dakota oil production, an update on pipeline takeaway capacity, the latest developments in coal, oil and gas research, updates regarding LoadPass Permits, a panel discussion on transportation issues, and a panel discussion on the outlook for the state's oil industry.

Day Two will feature an update on the ND Petroleum Council's effort to recruit workers from Ukraine, a discussion of electric reliability concerns, a panel discussion on education policy and funding issues, a report on development of the Southwest Area Career & Technical Education Academy and the Theodore Roosevelt Presidential Library, a report on interim legislative activity, and the latest developments in the Biden administration's War on Fossil Fuels.

The meeting concludes with election of the WDEA Executive Committee, and a vote by delegates on a bylaws amendment to repeal Executive Committee term limits. Board members up for election who are eligible to serve an additional three-year term include Mountrail County Commissioner Trudy Ruland, Bowbells City Councilman Shannon Holter, and Stanley Public School Superintendent Tim Holte. The delegates will also choose two members to fill Executive Committee vacancies created by the resignation of Stanley City Councilman Zach Gaaskjolen and Williams County Commissioner David Montgomery.

The winners of five $1,000 WDEA scholarships will also be announced at the meeting.

Click here to see the tentative agenda. Sponsorships and exhibit space are available. Click here for sponsor/exhibitor opportunities. Click here to register to attend.

The Western Dakota Energy Association will award five $1,000 scholarships this fall to students in an energy-related field at a North Dakota college, university or technical school.

WDEA President Trudy Ruland said the association is offering the scholarships to help the industry and western communities meet the workforce challenges historically experienced with oil industry growth.

“We recognize that North Dakota will see benefits from the oil industry only if it is able to attract the workforce it needs,” said Ruland. “We want to do everything we can to encourage young people to explore the many opportunities for a rewarding career in the energy sector.”

Funding for the scholarship program is generated by sponsorships of WDEA’s annual meeting.

Click here to learn more about the selection criteria and how to apply. Click here to view or download an application form.

The application deadline is September 30. Scholarship winners will be announced at WDEA's annual meeting October 11-12 in Dickinson.

Wise Roads weather stations are without exception located in some of the more rural areas of western North Dakota, but that doesn't mean the photos captured by their cameras are always boring. This week Wise Roads cameras captured photos of horses at a couple different locations, and what looked like a UFO but was actually a butterfly. Images from Wise Roads cameras are updated continuously throughout the daylight hours on the Wise Roads web page.

The Wise Roads project (Weather Information System to Effectively Reduce Oilfield Delays and Disruptions) was developed by WDEA to increase the efficiency of the movement of oilfield truck traffic. Most weather stations were placed in the core area of Bakken production, focusing on Dunn, McKenzie, Mountrail and Williams Counties. The project provides more accurate weather information to county road managers, especially about rain events, to minimize the need to impose weight restrictions when gravel roads get wet. It was developed in partnership with NDAWN, which maintains the stations for WDEA. The project was also assisted with a $250,000 grant from the Oil & Gas Research Council.

Thus far, 50 new stations have been installed, 39 of which are located in the four core counties. Prior to the start of the project, Dunn and McKenzie Counties had just one station each, Mountrail County had three and Williams County had four. Weather station data and high-resolution photos can be found at wiseroadsnd.com. Additional information is also available from NDAWN. 

Featured shots this week are clockwise from upper left, the new Center station with a shot of horses grazing nearby, Palermo with a UFO butterfly in the image, Amidon with a glimpse of the Slope County Fair, and Poker Jim, with sun rising through smoke-filled skies. Click on the link for a high-resolution image.