Landowners Outraged After Iowa Utilities Board Approves Summit Carbon Pipeline Permit and Eminent Domain

Landowners Outraged After Iowa Utilities Board Approves Summit Carbon Pipeline Permit and Eminent Domain

Impacted landowners prepare to appeal Summit’s unjust land grab

Des Moines, IA — Landowners and communities facing a potentially deadly carbon dioxide pipeline project responded with outrage to the Iowa Utilities Board’s (IUB) decision to approve a permit and use of eminent domain to seize landowners property against their will for the unnecessary project.

The Iowa Utilities Board (IUB) on Tuesday, June 25 issued a decision to approve a carbon pipeline permit application from Summit Carbon Solutions, and the use of eminent domain to seize property from unwilling landowners who are opposed to the potentially deadly pipeline from crossing their land.

(View the press conference held on June 25 at top of page)

Emma Schmit, Pipeline Fighters Director at Bold Alliance stated, “Iowans have successfully delayed this unwanted project from an out-of-touch, multibillion-dollar company for years. They have endured through petty lawsuits, acts of intimidation, and the corruption of democracy – the Board’s unjust decision can hardly shake their resolve to stop this crooked scheme. The unconstitutional use of eminent domain to seize private land for the profit of a few C-suite executives will not go unchallenged. We will continue to stand strong and fight against this egregious overreach.”

Sierra Club Iowa Chapter’s Jess Mazour claimed,“Today the IUB ruled against Iowans, landowners, our environment and our communities.  IUB ignored critical arguments and sided with Summit in nearly every instance.  This is far from over.  We will appeal this decision and make our arguments in front of a fair decision maker.  The fact that they released this decision while a large section of the proposed route is under water and families are dealing with losing their homes, and now their farms, is cold-hearted.”

Impacted landowner Nancy Erikson stated,“We will continue working to preserve our land and protect all Iowans from hazardous CO2 pipelines. We will challenge this corrupt proposal through every legal and regulatory process available. But, today’s decision should be a warning to all Iowans: When we allow powerful, wealthy people to buy off our government officials, no one is safe.”

Mary Powell, an impacted landowner from Shelby County, noted, “It is a sad day when the vote has been cast to violate the rights of Iowans in support of corporate private gain, but we will resist this injustice until the people of Iowa are put before corporate interests.”

The company may not begin construction in Iowa immediately, as one of the conditions the IUB placed on Summit is that the company “shall not commence construction on any segment of pipe in Iowa until it has obtained agency approval for a route and sequestration site in North Dakota and an agency approval of a route in South Dakota.” The Board also requires Summit be granted approval in Minnesota before constructing 36 miles of the pipeline in Clay, Dickinson, and Emmet counties. Summit must additionally obtain approval to connect to at least one ethanol plant in Nebraska before constructing approximately 30 miles of pipeline through Plymouth and Woodbury counties. 

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The IUB’s reasoning for its ruling, posted in full below, is as follows:

“After weighing numerous factors for and against Summit Carbon’s petition, the
Board found that the service to be provided by Summit Carbon will promote the public
convenience and necessity. The Board found Summit Carbon could be vested with the
right of eminent domain and, based upon this finding, the Board examined each of the
859 outstanding parcels subject to a request for eminent domain to determine, based
upon the record, whether to approve, deny, or modify each request.

Additionally, as part of the order, Summit Carbon will be required to submit
numerous revised exhibits as compliance filings for the Board’s review, prior to the
Board issuing the permit or Summit Carbon commencing construction. Several
conditions will be attached to the permit as well, including but not limited to requiring
Summit Carbon to obtain and maintain at least a $100 million insurance policy, comply
with certain construction methods, and ensure landowners and tenants are
compensated for damages that may result from the construction of Summit Carbon’s
hazardous liquid pipeline.

Included with the order, Board Chair Helland issued a concurrence in part and
dissent in part in which he agreed with all of the findings and conclusions except for a
condition that prohibits Summit Carbon from beginning construction until it has obtained agency-level approval for a route and sequestration site in North Dakota and a route in
South Dakota. Board Chair Helland stated he would not have placed this condition on
the permit as it gives away the Board’s authority to another jurisdiction, contrary to the
duties assigned to the Board by the Iowa Legislature.

Board Member Byrnes issued a concurrence in part and dissent in part in which
he agreed with all of the findings and conclusions except for the approval of the lateral
between the Quad County Corn Processors, Inc., facility in Ida County, Iowa, and the
Green Plains Shenandoah facility in Fremont County, Iowa. Board Member Byrnes
stated he does not find that portion of the route to be just and proper after weighing the
evidence.

The concurrences in part and dissents in part do not impact the findings and
conclusions of the order as all three Board members find the proposed service provided
by Summit Carbon is in the public convenience and necessity and vest Summit Carbon
with the right of eminent domain.”

Full text of the Iowa Utilities Board decision:

HLP-2021-0001_Order_2024.06.25_2147516_240625-143412