The South Dakota Public Utilities Commission on Sept. 26 issued a final order denying a permit filed by Navigator CO2 Ventures LLC to build and operate a CO2 pipeline within the state. Navigator has paused right of way work in certain areas but said it remains committed to the project.&nbsp;The permit application was originally filed by Navigator Heartland Greenway LLC seeking permission to build the South Dakota portion of the Heartland Greenway Pipeline. Navigator Heartland Greenway LLC is a limited liability company owned by Navigator CO2 Ventures LLC.&nbsp;Navigator has proposed to construct and operate a CO2 pipeline project spanning approximately 1,300 miles that would transport CO2 produce at more than 21 ethanol and fertilizer plants in five states to a location in Illinois for permanent secure underground sequestration. The CO2 could also be used by third parties for commercial and/or industrial use.&nbsp;Approximately 111.9 miles of the proposed pipeline would be located in South Dakota, where it would be connected to three of the state’s ethanol plants. Several public input meetings and evidentiary hearings have been held regarding the permit application over the past year. &nbsp;In the Sept. 26 <a href="https://puc.sd.gov/commission/dockets/HydrocarbonPipeline/2022/HP22-002/HP22-002FinalOrder.pdf">order</a>, the South Dakota PUC said Navigator “failed to satisfy its burden of proof with respect to the requirement that the project will not substantially impair the welfare of the inhabitants of the siting area…” and that Navigator “Failed to prove that the project will not pose a threat of serious injury to the environment or to the economic condition of the inhabitants or expected inhabitants of the siting area; that the applicant failed to provide that the project will not substantially impair the health and safety of the inhabitants of the area; and that the applicant failed to prove that the project will not unduly interfere with the orderly development of the region.”The denial <a href="https://puc.sd.gov/commission/dockets/HydrocarbonPipeline/2022/HP22-002/HP22-002OrderDenyingMotiontoPreempt.pdf">order </a>handed down on Sept. 26 followed a separate order issued by the South Dakota PUC on Sept. 13 denying Navigator’s motion to preempt county ordinances under a portion of South Dakota state law that would allows the PUC to supersede or preempt county or municipal land use, zoning, or building rules, regulations or ordinances to ensure that energy requirements of the people within the state are fulfilled. In denying that motion, the South Dakota PUC said Navigator’s project is not being constructed to meet the energy requirements of South Dakota’s residents and said the company should have made greater attempts to resolve its issues at the county level.&nbsp;Navigator has 30 days to appeal the Sept. 26 order.&nbsp;“As we are evaluating the next steps of permitting in South Dakota, we have paused some of our right of way work in certain areas, like South Dakota and some parts of Iowa, which has meant releasing a few of the land agent contract teams working on behalf of the project,” said Navigator in a statement. “The remaining land teams will be reallocated to ensure coverage across the footprint and continued conversations with landowners. Navigator remains committed to project development in a collaborative fashion, and is continuing to work towards that goal.”The company on Sept. 29 <a href="https://wcc.efs.iowa.gov/cs/idcplg?IdcService=GET_FILE&amp;allowInterrupt=1&amp;RevisionSelectionMethod=latest&amp;dDocName=2131388&amp;noSaveAs=1">filed a request</a> with the Iowa Utilities Board to withdraw its motion for a procedural schedule, cancel a scheduling conference set for Oct. 9, and hold in abeyance any further activity on its petition or pending motions until Navigator Heartland Greenway LLC files an update with the board. The request indicates that Navigator is currently reviewing its Iowa route and technical specifications in light of decisions from regulatory authorities in neighboring states and individual landowner requests, which may lead to revisions in the route and technical specifications as currently proposed.&nbsp; &nbsp;

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The South Dakota PUC on Sept. 26 issued a final order denying a permit filed by Navigator to build and operate a CO2 pipeline within the state. Navigator has paused right of way work in certain areas but said it remains committed to the project. 

South Dakota PUC denies permit for Navigator Heartland Greenway pipeline

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