A group of Republican lawmakers in Iowa has filed federal and state cases to overturn the Iowa Utilities Commission’s approval of the building of a multibillion-dollar carbon capture pipeline that would cross the state.
A group of about 40 politicians, calling themselves the Republican Legislative Intervenors, say that the approval of the pipeline in June is unconstitutional. This is done months before Summit Carbon Solutions plans to start building the pipeline.
Lawmakers were worried about the safety of the building and Summit’s use of eminent domain.
The Summit Carbon Solutions pipeline, which will cost $8 billion, will start being built in 2025 and start running in 2026. It would join 57 ethanol plants and move about 12 million metric tons of carbon dioxide every year across almost half of Iowa and the states that are close by, like Nebraska, Minnesota, North Dakota, and South Dakota.
Summit got a building permit from the commission in August, but work can’t begin in Iowa until permits are given in North and South Dakota.
Rep. Charley Thomson, R-Charles City, told the press on Wednesday that the lawsuits are meant to protect property in Iowa.
“This is not about storing carbon, no matter what you think about the carbon theory or climate change in general. This is about tax credits.” The investors in this case are using eminent domain to take people’s land in exchange for tax breaks.
Thomson was one of 31 Republicans in the Iowa House and Senate who had spoken out against the commission’s ruling in the past.
GOP lawmakers concerned with Summit’s pipeline construction process
The commission allowed Summit to take property from people who didn’t want to sell it using eminent domain, which was a controversial move that made some landowners very angry.
There is something wrong with the commission’s acceptance of the pipeline, according to Sen. Sandy Salmon, R-Janesville.
Salmon said, “They tried for 500 pages to explain why this project is for the public good and failed horribly.” “No one else can use this project.” Keeping CO2 in the ground is not helpful for anyone.
The Republicans were also worried about the safety of Iowans because carbon dioxide leaks could be deadly during the building of the pipeline.
The commission gave Summit a list of safety rules to follow while the building was being done:
- Conduct X-ray inspections of all welds, test pipeline coatings and test the line at high pressure.
- Use thicker-walled pipe and fracture arrestors “where appropriate.”
- Provide carbon dioxide monitors for every emergency truck, fire truck, law enforcement vehicle and ambulance in communities the pipeline crosses.
- Provide grants to cities and counties to purchase the equipment they would need to deal with a pipeline-related incident.
- Equip each county on the pipeline route with an alarm system that would notify authorities of leaks.
Summit’s communications director, Sabrina Ahmed Zenor, wrote that the company is confidence in the commission’s review process.
Ahmed Zenor wrote, “Our project gives farmers and ethanol producers a big chance to get into new markets, like sustainable aviation fuel, by lowering ethanol’s carbon intensity score.” “The economy is having trouble right now, with corn prices falling below what it costs to grow.” “This pipeline will help grow markets and support the long-term viability of our farmers and rural communities, contributing to economic growth and American energy independence.”
Legislation to stop eminent domain is coming, Republicans say
Thomson said that lawmakers are working on a number of bills that will change how the commission is run and improve eminent domain.
He said it’s possible that their bill will be passed before the courts make a ruling.
Thomson said, “I know that no matter how you feel about this project, we have a mess of laws in Iowa when it comes to eminent domain and utilities.” There’s no getting around it—we need to clean that up.
In Iowa, lawmakers have tried to stop the use of eminent domain before. House File 2664 was passed by the Iowa House in March. It lets property owners in eminent domain cases ask a court to review the Constitution.
Which Iowa legislators are backing the lawsuit?
Sens. Kevin Alons, Rocky De Witt, Lynn Evans, Jesse Green, Dennis Guth, Mark Lofgren, David Rowley, Sandy Salmon, Jason Schultz, Jeff Taylor, and Cherielynn Westrich are some of the lawmakers taken part.
Representatives Eddie Andrews, Brooke Boden, Steven Bradley, Ken Carlson, Mark Cisneros, Zach Dieken, Dean Fisher, Dan Gehlbach, Thomas Gerhold, Cindy Golding, Helena Hayes, Bob Henderson, Steven Holt, Heather Hora, Thomas Jeneary, Bobby Kaufman, Joshua Meggers, Anne Osmundson, Bradley Sherman, Jeff Shipley, Luana Stoltenberg, Henry Stone, Mark Thompson, Charles Thomson, Skyler Wheeler, and Derek Wulf are all from Iowa.