DES MOINES -- Attorneys for Summit Carbon Solutions argued Friday in Polk County District Court that the company's proposed amendment to its permit for a carbon sequestration pipeline through Iowa should be decided on before a legal case against the permit can move forward.
The Iowa Utilities Commission approved a permit in June 2024 for Summit Carbon Solutions to build more than 600 miles of a carbon sequestration pipeline in Iowa, with the condition that the company gain permits in the Dakotas before beginning construction.
The Sierra Club Iowa Chapter, along with several counties and individual landowners, then filed a lawsuit in fall 2024, seeking to overturn the IUC's permit approval. The lawsuit alleged the proceedings were unfair and that Summit did not meet the definition of a common carrier.
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Summit filed a petition with the IUC on Sept. 15 to amend its approved permit. The amendment would remove the condition that required approval in the Dakotas and add several route and pipe-size modifications to the permit. This action followed Summit's second permit denial in South Dakota and the enactment of a law barring the use of eminent domain for carbon pipelines in the state.
Summit also requested the court remand the Sierra Club and landowners' case to the IUC and stay any future actions on the case until the IUC decided on the filed amendment petition. This was the issue before Polk County District Court Judge Scott Beattie Friday morning.
Summit's attorney, Bret Dublinske of Fredrickson & Byron in Des Moines, argued the IUC needed to rule on the amendment petition before the case against the permit could proceed.
He argued the facts in the case would be outdated once the IUC ruled on the amendment and the courts would be presented with either duplicative litigation or a scenario in which the ruling did not match the most recent version of the permit.
"It makes little sense to proceed to litigate over outdated facts that are in the process of being amended, and would be contrary to judicial economy to split the Summit 1.0 case in such a way that it may be litigated twice - once for the original permit and once for the decision on the Petition to Amend that permit," Summit wrote in its request to remand the case.
Wally Taylor, on behalf of the Sierra Club Iowa Chapter, argued Summit did not supply sufficient information as to how the amendment would change the nature of the lawsuit against the IUC's decision.
"The proposed amendment does not impact any of the issues in this decision," Taylor argued. "... It does not change the lack of public convenience and necessity, the issue of eminent domain, the damage to farmland ... none of the petitioners have raised issues about the route or even impact of the condition on the South Dakota permit."
Taylor asked the court to deny the motion to remand the case to the IUC.
Brian Jorde with Domina Law Group, based in Nebraska, represented landowners in the case and took a similar stance to Taylor, arguing it would make more sense for the case to continue without regard to Summit's amendment with the IUC, so that the Iowa Supreme Court can give guidance on the carbon pipeline issue.
Jorde said the landowners and affected parties in the case "don't need to go through eight more weeks of hearings" in the multi-year case for the same "mistakes" to be made by the IUC on the amendment.
"We need guidance from the Supreme Court; frankly, the IUC needs guidance from the Supreme Court," Jorde said. "Is a carbon dioxide pipeline that you know has no drop off points in the state of Iowa, does that promote public convenience and necessity? We need the Supreme Court to tell us, or we're just going to have 15, potentially, other dockets fighting that same issue."
Michelle Rabe, on behalf of the Iowa Utilities Commission, said while the IUC believes Summit's request for remand is, "slightly outside" of how a remand is typically used, she believes there are three options forward, "none of which are ideal."
Rabe said Beattie could deny the remand and allow the case to continue, in which case it would advance through the courts until eventually the Supreme Court issues what she said could be a "moot order" at that point because the permit might have changed via the IUC proceedings.
The second option she presented was for the court to grant the remand and allow the IUC to rule on the amendment, in which case she predicted the parties would appeal the IUC's decision and then the courts would be presented with potentially "parallel" cases.
The third option, she said, would be for the court to stay the decision and allow the IUC proceedings to play out, so that when that decision is appealed, the two cases can be consolidated.
"I don't think there's a clean way to do it at this point," Rabe said. "I think what Summit is asking ... on the amendment, may not directly affect the bigger issues in the case. I think potentially it could, but we don't know."
Summit route change?
Summit's amendment petition with the IUC, per Dublinske and the filing, does not seek to do away with the IUC's protections against a "pipeline to nowhere." Instead of listing North Dakota as the ending point, Summit asks the permit be changed to instead condition pipeline construction to the company's securement of "access to one or more sequestration sites and permits or agreements to allow it to reach such storage."
Dublinske said the changes that occurred in South Dakota since the permit was issued, along with carbon sequestration site potential in Wyoming, Nebraska, Colorado and Kansas, are "fundamentally the reasons" the company submitted the amendment and requested the remand in the case.
Opponents suggested the amendment means that Summit plans to change its original route, which would have ended in North Dakota where the CO2 could be pumped into an underground rock formation.
A spokesperson for Summit said Friday the amendment "keeps open the option to transport CO2 west through Nebraska or north through South Dakota."
"Our focus is on supporting as many ethanol partners as possible and building a strong foundation that helps farmers, ethanol plants, and rural communities access the markets they'll depend on for decades to come," the spokesperson said.
Beattie said he will work to issue an order as soon as possible, though he suspected it would be a "couple of weeks" before he able to issue a written order.
This story is provided by States Newsroom, a nonprofit state news network and Blox Digital content partner.
COLLECTION: Stories about CO2 pipelines in Iowa
This is a collection of stories about proposals for CO2 pipelines across Iowa.
Government-politics Bill letting Iowa lawmakers halt eminent domain advances ERIN JORDAN The Gazette Updated Jan 31, 2024 0
House Republicans are "frustrated" the state Senate hasn't taken up last year's pipeline bill.
Government-politics Lawmakers float court challenge to carbon pipeline projects as Vivek Ramaswamy rallies supporters Caleb McCullough Updated Jan 31, 2024 0
Iowa Rep. Steve Holt, a Republican from Denison, announced his endorsement of Ramaswamy, switching his allegiance from Ron DeSantis.
Government-politics Editor's Pick Pipeline company sues fourth Iowa county for zoning ordinance Jared Strong Iowa Capital Dispatch Updated Jan 31, 2024 0
Summit argues the counties' provisions are beyond their authority because federal regulators are charged with governing the safety aspects of such pipelines and the Iowa Utilities Board approves their routes.
Government-politics Alert With pipeline growth booming, the US agency in charge of safety struggles to keep up Jacob Fischler States Newsroom Updated Jan 31, 2024 0
Kenneth Clarkson, a spokesman for the Pipeline Safety Trust, an advocacy group, said the agency has long lacked the funding it needs.
Government-politics Carbon capture companies navigate regulatory hurdles, opposition as they seek approval for Midwest projects Caleb McCullough Updated Jan 31, 2024 0
Summit Carbon Solutions finished an eight-week hearing this month and awaits a decision from Iowa regulators.
Government-politics Editor's Pick Summit permit decision in Iowa not expected until next year Jared Strong Iowa Capital Dispatch Updated Oct 30, 2024 0
A monthslong evidentiary hearing for Summit Carbon Solutions' pipeline permit in Iowa concluded this week, setting the stage for the Iowa Utilities Board to make a decision.
Government-politics Alert Carbon pipeline permits should wait for new rules, regulators say Jared Strong Iowa Capital Dispatch Updated Jan 31, 2024 0
Former Congressman Steve King, an outspoken critic of using eminent domain for the pipelines, attempted to testify on behalf of another landowner who was unable to attend but was rebuffed.
Business Editor's Pick Summit says pipeline system won't be operational until 2026 Jared Strong Iowa Capital Dispatch Updated Sep 6, 2024 0
Summit Carbon Solutions has pushed back the estimated operational date of its sprawling carbon dioxide pipeline system by more than a year after permit setbacks in the Dakotas.
Business Alert Top Story Navigator CO2 cancels its multi-state pipeline project Jared Strong Iowa Capital Dispatch Updated Oct 3, 2024 0
One of three carbon dioxide pipeline companies that have sought to build in Iowa cited the "unpredictable nature of the regulatory and government processes" of Iowa and South Dakota.
Government-politics Editor's Pick Navigator pauses CO2 pipeline permit process in Iowa Erin Jordan, The Gazette, Cedar Rapids Updated Sep 17, 2024 0
Navigator Heartland Greenway filed a motion with the Iowa Utilities Board Friday requesting to cancel a scheduling conference and asking the board to "hold in abeyance" the company's permit application.
Government-politics Editor's Pick Iowa regulators reject subpoena request for Rastetter testimony Iowa Capital Dispatch Updated Sep 7, 2024 0
An agriculture mogul who has a significant role in a pending carbon dioxide pipeline proposal will not be required to testify during its permit proceedings, the Iowa Utilities Board decided.
Government-politics Editor's Pick Iowa landowners testify Summit ignored requests for route changes Jared Strong Iowa Capital Dispatch Updated Sep 7, 2024 0
A landowner in the path of Summit Carbon Solutions' proposed pipeline alleged that the company punished him for not signing an easement by choosing a less-desirable route through his property.
Government-politics Alert State denies Summit permit; both carbon pipelines proposed in SD now rejected South Dakota Searchlight Updated Sep 6, 2024 0
Some landowners who've been fighting against a proposed carbon dioxide pipeline shed tears of joy Monday as utility regulators denied a permit application from Summit Carbon Solutions.
Government-politics Editor's Pick Ag exec resists Iowa subpoena request as 'irrelevant sideshow' for Summit permit Iowa Capital Dispatch Updated Jan 31, 2024 0
If the Iowa Utilities Board grants the subpoena request, it could open Summit Agricultural Group exec Bruce Rastetter to questions beyond the scope of the companies' structures.
Government-politics Alert Summit identified 'handful' of populated areas at risk from major pipeline breach Jared Strong Iowa Capital Dispatch Updated Sep 6, 2024 0
There are several areas of "high consequence" in Iowa that could be inundated by carbon dioxide if Summit Carbon Solutions' proposed pipeline has a major failure, the CEO said.
Government-politics Editor's Pick Summit attorney laments: 'This is just going on so long' Jared Strong Iowa Capital Dispatch Updated Jan 31, 2024 0
A pipeline attorney and the chairperson for Iowa Utilities Board at times complained about the sluggishness of testimony for Summit Carbon Solutions' permit request.
Government-politics Top Story Editor's Pick Topical Summit Carbon Solutions attorney expects pipeline hearing to last six weeks JARED STRONG Iowa Capital Dispatch Aug 23, 2023 0
The evidentiary hearing started Tuesday in Fort Dodge.
NewsVu: COLLECTION: Stories about CO2 pipelines in Iowa Jan 31, 2024
READ: To learn more about controversy around proposed CO2 pipelines in Iowa, point your smartphone at the QR code and tap the link.
Government-politics Alert Top Story Iowa regulators approve Summit Carbon Solutions pipeline CALEB MCCULLOUGH Updated Jun 26, 2024 0
The proposed pipeline would cover more than 680 miles in 29 Iowa counties.
Government-politics Top Story Editor's Pick Topical Pipeline regulations pitched by Iowa Senate Republicans after years of inaction ERIN MURPHY Lee-Gazette Des Moines Bureau Mar 5, 2025 0
A bill advanced in the Iowa Senate Tuesday would place limitations on carbon capture pipeline projects in the state.
Government-politics Top Story Editor's Pick Summit says county pipeline ordinances overstep authority JARED STRONG Iowa Capital Dispatch Jul 22, 2024 0
The 2,500-mile pipeline system in five states would transport captured carbon dioxide from ethanol producers to North Dakota, where the greenhouse gas would be pumped into the ground.
Government-politics Alert Top Story Summit pipeline opponents prepare for court battle as they continue to challenge project CALEB MCCULLOUGH Updated May 4, 2025 0
Several groups have filed motions for state regulators to reconsider their approval of the project
Government-politics Top Story Editor's Pick Summit jumpstarts pipeline efforts with purchase of old land easement agreements JACK O'CONNOR Iowa Capital Dispatch Aug 18, 2024 0
Summit Carbon Solutions has purchased old land easement agreements from a former rival company to help speed up its carbon pipeline construction project, Summit officials confirm.
Government-politics Top Story Editor's Pick CAPITOL NOTEBOOK: Iowa GOP lawmakers seek to overturn CO2 pipeline approval COURIER DES MOINES BUREAU Sep 10, 2024 0
Also, Gov. Kim Reynolds leads trade mission to India
Government-politics Top Story Editor's Pick Topical North Dakota regulators OK underground storage for proposed Midwest carbon dioxide pipeline JACK DURA and STEVE KARNOWSKI Associated Press Dec 13, 2024 0
Summit's proposed 2,500-mile, $8 billion pipeline would transport planet-warming CO2 emissions from 57 ethanol plants in North Dakota, South Dakota, Iowa, Minnesota and Nebraska for underground storage in central North Dakota.
Government-politics Top Story Editor's Pick Topical Summit Carbon Solutions threatens lawsuits against pipeline opponents JARED STRONG The (Cedar Rapids) Gazette Dec 13, 2024 0
Company claims it has suffered because of false statements.
Government-politics Top Story Editor's Pick Topical Steve King says Summit threatened him for anti-pipeline speech JARED STRONG The (Cedar Rapids) Gazette Dec 15, 2024 0
Former congressman among at least six who were warned to 'cease and desist'
Government-politics Top Story Editor's Pick Topical Anti-pipeline, eminent domain bills introduced by Iowa House Republicans ERIN MURPHY Lee-Gazette Des Moines Bureau Feb 7, 2025 0
The new bills deal with the state permitting process, the Iowa Utilities Commission, the use of eminent domain, insurance requirements for pipeline projects and more
Government-politics Top Story Editor's Pick Topical Bills allowing dismissal of lawsuits on free speech grounds advance in Iowa Legislature ERIN MURPHY Lee-Gazette Des Moines Bureau Feb 12, 2025 0
The measure is designed to provide legal relief for individuals to push back against lawsuits that are designed to squelch free speech.
Government-politics Top Story Editor's Pick Revised Iowa carbon dioxide pipeline bill tempers activists' joy ERIN MURPHY Lee-Gazette Des Moines Bureau Apr 3, 2025 0
Lawmakers in the Iowa Senate advanced pipeline and eminent domain legislation -- but altered it from the version passed by the House.
Government-politics Alert Top Story A pipeline company sought to grab land from 'hundreds' of people. Now its project is threatened ERIC FERKENHOFF Lee Enterprises JOSH KELETY Associated Press Updated May 4, 2025 0
As it sought to obtain land for a nearly $9 billion project spanning five Midwest states, a carbon pipeline company unleashed a barrage of eminent domain lawsuits against landowners.
Business Top Story Editor's Pick Topical South Dakota regulators say CO2 pipeline company must show a path forward to keep permit application active JOSHUA HAIAR States Newsroom Apr 11, 2025 0
South Dakota regulators refused Thursday to pause proceedings on a carbon capture pipeline permit, instead directing Summit Carbon Solutions t...
Politics Alert What is behind a pipeline company's efforts to grab land from Midwest farmers? ERIC FERKENHOFF Lee Enterprises JOSH KELETY Associated Press Updated May 4, 2025 0
The company behind a proposed pipeline that would transport carbon dioxide emissions across five Midwest states and store it underground filed hundreds of lawsuits against landowners in recent years.
Government-politics Top Story Editor's Pick Cedar Valley senators among group promising to block budget bill amid pipeline fight JARED MCNETT Sioux City Journal May 2, 2025 0
Two Cedar Valley state senators are part of a group of legislators pledging to vote against any remaining budget bill until a floor vote occurs on a bill regulating carbon capture pipelines.
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