by Skylar Tallal Fri, August 23rd 2024 at 10:30 PM
DES MOINES, Iowa — Summit Carbon Solutions is facing a set back in its proposed CO2 pipeline project, as the South Dakota Supreme Court ruled in favor of landowners who sued to keep Summit from surveying their land.
It’s a reversal of a lower court decision, with the state’s high court now claiming it’s premature to categorize Summit as a ‘common carrier’ for public utility. It’s something Summit needs to be able to prove before it can use eminent domain.
“One of our main arguments is that Summit’s not a common carrier,” Jess Mazour the conservation program coordinator with the Sierra Club Iowa Chapter said. “So it really does change the game here in Iowa as well.”
Summit can’t start building its pipelines in Iowa until it gets approval in North and South Dakota.
The Sierra Club Iowa Chapter calls the decision a victory for landowners. Even though the Iowa Utilities Commission isn’t taking up the club’s reconsideration request, the club is moving forward with its plan to take the fight to court.
“We now have precedent on our side and we’re going to have a strong base for when we file our appeal in district court,” Mazour said.
A similar court case is already on the books in Iowa, with Iowa’s highest court set to hear oral arguments October 8 at the state capitol.
“A landowner in Hardin County, Kent, he was sued for denying Summit access to his land and we are fighting that and also challenging Iowa’s survey law,” Mazour said.
Eminent Domain has been a major issue in Iowa over the last few years. Some Iowa lawmakers joined the pipeline opposition but haven’t been successful in their efforts to change state laws.
The topic is also coming up on the campaign trail, specifically in Iowa’s congressional races.
Congressional Rep. Mariannette Miller-Meeks (R) Iowa said carbon capture pipelines make sense for Iowa.
“So the carbon capture pipeline is only meant to lower the carbon intensity score of ethanol which makes it competitive globally,” Rep. Miller-Meeks said.
She said while eminent domain is a state issue, she hopes there will only be a limited number of landowners who don’t sign on voluntarily.
“Farmers and property owners need to look at the why the rationale and then determine if it’s in their best interest,” Rep. Miller-Meeks said. “Companies that are acquiring easements are looking at how do you make the land whole. How do you ensure farmers that you can grow crops in the near future?”
Iowa’s News Now did reach out to Summit for comment didn’t hear back.
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