Landowners & Advocates React to Eighth Circuit Ruling Finding Federal Pipeline Law Preempts County Ordinances

FOR IMMEDIATE RELEASE: June 5, 2025

Landowners & Advocates React to Eighth Circuit Ruling Finding Federal Pipeline Law Preempts County Ordinances

Hastings, NE — Landowners and advocates expressed disappointment with Thursday’s decision by the Eight Circuit Court of Appeals that limits local control over pipeline routing, emergency response, and abandonment. In the face of federal inaction, states and counties have worked hard to enact commonsense laws that protect their communities from risky pipeline projects. 

The court’s majority opinion found that ordinances enacted by Shelby County and Story County in Iowa related to carbon dioxide pipeline setbacks, consideration of safety when routing pipelines, and pipeline abandonment are preempted by the federal Pipeline Safety Act. 

The court’s anti-local government ruling means the county ordinances that address these “safety” issues overstepped their authority. Meanwhile, the U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA) has not enacted any meaningful routing standards, has failed to take local emergency response information needs into account, and has never issued any safety standards for pipelines after abandonment – leaving landowners in limbo to fend for themselves. 

While the case was initially brought by Shelby County and Story County in Iowa, Bold Alliance supported a friend of the court brief aligned with the counties’ arguments. Parties to the case are reviewing the ruling and examining their legal and legislative options. The two Iowa counties subject to this order are free to amend their ordinances to comply with the findings by the Eighth Circuit.

Notably, the court stated its ruling “does not prohibit local governments from considering safety, nor prevent them from enacting all zoning ordinances… This court emphasizes the distinction between safety standards—which the PSA preempts—and safety considerations—which the PSA does not preempt.” Additionally, a dissenting opinion issued from the court disagreed that setbacks and pipeline abandonment are necessarily preempted by federal law. Under the ruling, determining what types or ordinances or regulations may or may not be preempted by federal law must be made on a case-by-case basis. 

In the meantime, the landowners, impacted community members, county and state elected officials who worked for months or years to develop ordinances and state regulations are witnessing their hard-won efforts to enact common sense protections for their communities stripped away by judicial fiat. 

“While we had hoped for a more decisive ruling affirming local control, the Court clearly acknowledged that counties can consider safety and implement zoning ordinances. We’re committed to continuing to advance protections for landowners and communities within the scope of that authority,” said Emma Schmit, Pipeline Fighters Director for Bold Alliance.

Read the Eighth Circuit’s decision: