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Monday, November 21, 2022

Pipeline Company Suing Multiple Counties in Iowa Over Local Ordinances

Pipeline Company Suing Multiple Counties in Iowa Over Local Ordinances

Summit Carbon Solutions is hoping to build a carbon dioxide pipeline across Iowa and is now suing Shelby and Story counties over local efforts to regulate the placement of the pipeline.

Both lawsuits say the locally elected county boards of supervisors are attempting to impose siting requirements that are covered by the federal Pipeline Safety Act. Story County passed an ordinance in late October establishing setback and other requirements for hazardous materials pipelines in the county in the interest of “public safety.” Shelby County gave unanimous approval in early November to an ordinance that would force any pipeline company to obtain county permits for construction and impose restrictions on any pipeline’s proximity to homes, schools, and farms.

The Crawford County Supervisors are working on a policy of their own that takes inspiration from the Shelby ordinance. Chairman Kyle Schultz says they knew something like this was a possibility but they're hoping to make things work without a lawsuit. 

"Our ordinance does model theirs to a point but we're kind of making it to where there's more room for variances or negotiations among Summit, landowners, and cities," said Schultz. "They've got a lot on the line and they're not going to just let it roll because somebody threw an ordinance up. At this point, I feel like we're in good shape as far as the county goes with that." 

A project update discussion with Summit Carbon Solutions is on the agenda for this Tuesday's meeting. 

Summit is developing a pipeline that could transport carbon dioxide captured from more than 30 ethanol or fertilizer plants across five states through nearly 2,000 miles of underground pipes. The project would likely involve about 700 miles of pipeline through 30 counties in Iowa alone. Summit has been working with the Iowa Utilities Board for more than a year and has voluntary easements for nearly 60% of the proposed route in Iowa.

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