North Dakota state senator discusses biofuels, carbon capture, and fighting federal regulations post-Chevron
In an interview with NPM, North Dakota state senator Dale Patten discussed the state’s policy priorities as outlined through the state’s STAND report ahead of its 2025 legislative session scheduled to kick off in January.
The report, issued earlier this summer by the Bank of North Dakota, is expected to serve as a backbone for policy priorities for the next session. Among other things, the report recommends expanding coal, natural gas, biofuels and carbon capture in the state as well as increased natural gas transmission infrastructure.
Patton served on the report’s 27-member steering committee, which also featured other elected and appointed officials, state agencies and private sector representatives. On the whole, Patton calls the state’s approach “common-sense” and “reflective of a blend of political ideology, economic targets, conservation priorities and concerns about regulatory overreach.”
While Patton says North Dakota “has the capacity to produce more renewable and fossil fuel sources,” the report largely sidelines traditional renewables like solar and wind in favor of expanding natural gas and coal as well as carbon capture and biofuels. Patton reiterates “there is a role for all types of energy to coexist in order to meet today’s energy demand while addressing environmental concerns.”
Patton cites some specific examples of projects meeting these criteria including one at the state’s Green Bison Soybean Processing plant, a joint venture between agricultural supply chain manager ADM and Marathon Petroleum, which will include production of soybean oil as well as 75 million gallons of renewable diesel. Patton says the plant will also use electrolysis to produce anhydrous ammonia utilizing carbon emission from Green Bison and an ethanol and natural gas plant.
Patton notes the state has also become a leader in carbon capture with three carbon capture and storage projects that capture and store emissions from ethanol and natural gas facilities currently operating. He adds a fourth project, titled Project Tundra from Minnkota Power Cooperative, is also in the works which, if completed, “will be the largest post-combustion carbon dioxide capture project in the world.”
Patton says the state has multiple loan and grant programs that fund the research and development of these projects that “reduce environmental impacts and increase sustainability of energy production and delivery.” While a renewable energy program and clean sustainable energy authority are part of this group, it also includes more fossil fuel-focused entities specializing in oil and gas. Patton says these funding sources are “competitive and administered by multiple state agencies.”
While the STAND report itself was reportedly born out of concern that ESG investment is skipping North Dakota in favor of other more renewable-heavy midwestern states like Minnesota, Wisconsin and Michigan, Patton says he is confident that “capital markets understand North Dakota is a vital player in meeting the escalating future energy demands and provides reliability for the nation.”
The STAND report also acknowledges that federal regulations on fossil fuel emissions threaten to derail many of the state’s policy priorities and indicates the state will utilize state monies to fight these regulations in court. It comes as no surprise then that Governor Doug Burgum and Attorney General Drew Wrigley issued a joint statement celebrating the Supreme Court’s overturning of the Chevron doctrine earlier this summer, calling the ruling a “major win for North Dakota and a huge boost to our efforts to push back against federal overreach.”
“This marks the beginning of the end of federal overreach by unelected bureaucrats who stretch and twist the laws passed by Congress to advance their own misguided agendas, raising costs for consumers by wreaking havoc on our key industries including agriculture, energy and manufacturing,” the statement read.
Notably, the US Supreme Court justices who made the decision are also unelected.
For now, Patton says North Dakota’s government is “currently monitoring more than 30 proposed and implemented federal and state rules and regulations that affect the energy and agriculture sectors.” He adds that the legislative assembly in January will decide “if and how much state funding will be allocated for federal litigation.”
Beyond court challenges, Patton says the state’s approach to fighting these regulations will be “multifaceted” and include “collaborative efforts with industry stakeholders and other states" as well as "advocating for evidence-based policies.”
*This story was originally published exclusively for NPM subscribers last month.
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