Court hearings this week featured a case pitting two North Dakota counties against a large carbon capture project. The legal challenge stands in the shadows of heavier opposition across the border, and opponents here hope for similar momentum.

Burleigh and Emmons counties are appealing permit approval by North Dakota regulators for a multistate pipeline. A company wants to capture emissions from ethanol plants for underground storage. Safety concerns, local restrictions and property owners’ rights are part of the backlash.

Steve Bakken, vice chair of the Burleigh County Commission, said there is a disconnect between what state leaders who back the project promote, versus what they do.

“We seem to have a track record building of our legislature liking to speak about local control, except for when it’s not convenient for what they want to get through,” Bakken said.

This session, North Dakota lawmakers voted down oversight bills for the emerging carbon capture industry. But in South Dakota, concerned property owners have had success and a new law there has stalled the state’s section of the project. Project supporters said it could help the region’s economy by keeping ethanol producers thriving.

Last Monday’s hearing was for the company’s request to dismiss the case.

The firm behind the project, Summit Carbon Solutions, has come under scrutiny over its encounters with property owners as it seeks land agreements.

Dustin Gawrylow, managing director of the North Dakota Watchdog Network, said organizers don’t like how the big project is being forced through. Regardless of whether the permits stand, he said lawmakers should not look past the groundswell of opposition.

“This time, it may not have impacted North Dakota policy or the project here in North Dakota,” Gawrylow said. “But ultimately, I do believe that down the road, there will be a project that turns the tide in North Dakota on these issues as well.”

A key difference in the policy approach of the two states may be North Dakota’s stronger connections to the oil and gas industry. The Summit pipeline is also touted as a way to convert the emissions to fuel sources, which is a main point of contention for environmentalists.

Summit has rejected concerns about many aspects of the project, and said despite recent obstacles, it will move forward.