WABASH COUNTY — POET Bioprocessing took legal action last week against Wabash County officials regarding its current moratorium on carbon capture sequestration projects.
The North Manchester-based company filed litigation March 5 versus the Wabash County Board of Commissioners in the U.S. District Court, Northern District of Indiana. In the federal complaint, POET argues the county’s moratorium on carbon capture sequestration (CCS) is illegal because it directly contradicts state law and results in an unconstitutional taking of property under federal law.
Wabash County Commissioners gave unanimous approval in June of 2025 of a year-long moratorium on CCS projects in the county. POET is seeking to lease farmland within 0.6-mile radius of their facility. Company officials said the project is slated to last 12 years and pump 250,000 tons of carbon dioxide (CO2) annually into the ground.
POET executives cite Indiana Senate Bill 442 enacted in 2019 declaring the underground storage of carbon “to be a public use and service, in the public interest, and a benefit to the welfare and people of Indiana” and establishing the framework for state regulation of carbon pipelines and underground storage.
POET contends Wabash County exceeded its jurisdiction by passing a sweeping moratorium on all CCS-related activities in 2025. Since then, the Wabash County Planning Commission has denied several permit applications, confirming their moratorium effectively prohibits any CCS project from moving forward.
“For almost two decades, POET has been a trusted neighbor in Wabash County,” said Erin Branick, POET spokesperson. “We believe in partnership and open dialogue, but we also have a duty to protect the workers, farmers and landowners who wish to voluntarily participate in this project.”
Wabash County Commissioner Cheryl Ross (Dist. 1) wasn’t completely surprised by POET’s legal pursuit; however, hoped POET would have chosen a different course of action.
“They (POET) had made this threat (litigation) last year, but I wasn’t aware until now it was a going to become a reality,” said Ross.
Ross holds firm in her stance for the moratorium citing a concern for being a good steward of the environment. “My first charge is to protect the county taxpayers and residents from having their land and water potentially damaged. I want a safe environment for all in our community,” she added.
Critics of carbon sequestration are worried about possible negative environmental impacts including potential for leaks from storage sites; as well as high costs; lack of proven effectiveness at scale; and concerns about the technology being used to prolong fossil fuel use rather than transitioning to cleaner energy.
“POET remains committed to finding a sensible solution that allows CCS projects to proceed under the supervision of federal and state authorities – agencies with the expertise to ensure projects are built and operated safely,” added Branick, whose company employs approximately 40 locally. “At a time when farm families are facing negative profit margins, rising bankruptcies, and dwindling grain demand, we simply cannot afford to slam the door on CCS projects that drive value across our rural economy.”
Branick said POET is compliant with the U.S. Environmental Protection Agency (EPA) federal requirements for carbon dioxide geologic sequestration wells under the Safe Water Drinking Act of 2010.
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