For over 20 years, North Dakota’s lignite industry has been under attack. The environmental left, backed by regulatory agencies, has waged a slow war on coal through a relentless stream of burdensome regulations. The 2009 Endangerment Finding declared carbon dioxide—a gas essential to plant life—a pollutant. That ruling set the stage for a regulatory onslaught that has systematically attempted to shut down the coal industry, not through open debate, but through bureaucratic decree.
From mining practices to emissions standards, no aspect of coal production has been left untouched. The industry has spent over $2 billion on emissions control technology in an effort to comply with ever-tightening restrictions. And yet, the regulations keep coming.
The Latest Front: The EPA’s Greenhouse Gas Rule
The latest battle centers on the EPA’s Greenhouse Gas Rule, which mandates that every coal plant in the country must implement carbon capture technology by 2032 or shut down. The rule is based on political ideology, not reality. Carbon capture, while promising, is not yet commercially viable at the scale required. The industry has spent millions fighting this rule—North Dakota has even taken the fight to the courts—but if it stands, coal plants will have no choice but to comply or close.
A Strategic Response: Turning CO₂ into Opportunity
Despite regulatory roadblocks, North Dakota’s lignite industry continues to innovate. The state has long understood that CO₂ isn’t just a byproduct—it’s a resource. Enhanced oil recovery (EOR) has already proven that captured CO₂ can increase oil production, bolstering state revenues and securing energy independence. The oil industry needs CO₂ to maintain production levels in the Bakken, and North Dakota’s coal plants produce it in abundance.
The federal 45Q tax credit provides an economic incentive to develop carbon capture infrastructure. If the rules of the game force the industry to capture CO₂, then we’ll find a way to make it work for us. Instead of letting CO₂ regulations shut down our power plants, we can turn it into a revenue stream that supports both coal and oil production—two critical pillars of North Dakota’s economy.
The Bottom Line
The coal industry has never and will never support the Green New Deal. It was designed to eliminate coal, not improve energy reliability. But that doesn’t mean we won’t adapt. Carbon capture is one tool in our fight to keep coal viable. It strengthens energy security, supports North Dakota’s economy, and ensures that baseload power remains available when wind and solar fail.
The fight isn’t over. North Dakota’s coal industry will continue to resist regulatory overreach while pursuing strategic opportunities to ensure its future. Because when it comes to keeping the lights on and powering American industry, coal isn’t going anywhere.