Tensions continue as carbon capture pipeline companies begin court-approved land surveys on private property.
Summit Carbon Solutions has crews drilling to test for soil conditions and underground hazards while some farmers are concerned about how the activity will play out.
A recent dispute between a Brown County farmer, Jared Bossly, and Summit Carbon Solutions is changing the way some people across the state view carbon capture pipeline projects.
Bossly, a landowner and farmer in Mansfield, has had multiple run-ins with Summit, one of which ended up in court. Summit alleged that Bossly threatened its survey crew, but the court denied a request for a contempt of court citation against the farmer.
Bossly fears the power that legal tactics like eminent domain give to large corporations.
“What if they want to take your house and say, you know, that’s gonna be better to be a convenience market there or a convenience store or something there. And people will say, ‘well you can’t do that,’ well that’s what they’re doing here," said Bossly. "They say eminent domain they take that because they figure they can get more tax dollars off of the convenience store than what your house is.”
Bossly said he is frustrated that local elected officials have little leverage in such a case.
“Every time anybody tries to put some safety moratorium on, like a county, county commissioners, you know, planning and zoning boards, and they just go right to suing them. Well, those people are there to protect the people,” said Bossly.
As survey crews continue to drill and test along the proposed pipeline route, local law enforcement officials said they are likely to play a role. Brown County Sheriff Dave Lunzman said the issue can be highly emotional and he wants to keep people safe.
“I just don’t want anybody hurt. It doesn’t matter who it is, I just don’t want them hurt." he said. "So, our job, we won’t be out there all the time, at least unless we are asked or we have enough people, but we are strung pretty thin the way it is. And then having to be sitting in one location for a very long time does put a strain on our people and our budgets.”
Summit Carbon Solutions would not agree to an interview for this story. However in an email, a representative said it has reached voluntary easement agreements for more than 1,300 miles of the proposed pipeline. That represents roughly 70 percent of landowners.
The company said surveying is an essential part of the process that helps maximize safety. In South Dakota, Summit said it has conducted over 1,000 surveys without incident. However, in some cases the company hires security teams to be present during surveys.
In the case of the survey in Brown County, which included Bossly's land, Summit provided this statement:
"In the Brown County survey last week, the company was specifically looking at the South Fork Moccasin Creek. Additionally, the Brown County Sheriff's Office, Summit staff, and hired security were present during this survey. The landowner’s attorney agreed on the date and time the work would occur and was made aware of the type of activities that were planned, and that information was memorialized in an email to the judge," said a Summit representative.
Carbon capture pipelines have become a point of contention for farmers with some landowners supporting the projects while others are opposed.
Some farmers fear potential toxic carbon dioxide plumes from leaks. There are also concerns about the expanded use of eminent domain to acquire access to private property.
For farmers like Bossly, however, safety is key. He said his family has new fears they never had before.
“Like the dad, husband side of this stuff, protector of the homestead you know. My wife is scared to be home alone now after this deal. That’s never been a thing around here before," said Bossly. " And now kids want the door locked at night. Those are things you just never thought of before, now my kids and my wife are scared to be at home.”
Bossly said his family chose a farm life for its relative safety, seclusion, and peace.
The next Farm Bill, which is currently in congressional hearings, may present ways to offer incentives for the carbon storage projects now underway around the country.
