(The Center Square) – Thirty-seven Iowa Republicans are part of two lawsuits filed Wednesday challenging the approval by the Iowa Utilities Commission of a proposed carbon dioxide pipeline.
The suits, filed in Floyd County District Court and U.S. District Court for the Northern District of Iowa, said the IUC’s decision raises constitutional and ethical concerns. The IUC and Summit Carbon Solutions are listed in the lawsuit, which challenged the pipeline’s path in Floyd County.
Other plaintiffs are the Charles City Area Development Corporation, property owners with land in the pipeline’s path and the Free Soil Foundation, which identifies itself as a “corporation formed to educate the public and defend Constitutional principles, in particular 5th Amendment property rights, against unconstitutional eminent domain abuse.”
The pipeline through 29 Iowa counties is part of a large project that also crosses through South Dakota, Nebraska and Minnesota, ending in a North Dakota carbon capture facility. Iowa is the only state that has approved the project.
“Summit’s proposed pipeline would cross thousands of private properties, creating concerns among landowners about property devaluation and future land use restrictions,” the federal lawsuit said. “The Iowa Constitution, the Federal Constitution, and case law vigorously protect against the misuse of eminent domain for private projects.”
Landowners will also be affected financially as they are facing problems with insurance coverage, the lawsuit said.
“Many insurance policies have pollution exclusions. These classify CO2 as a pollutant. Traditional insurance policies would not cover any damages caused by a CO2 leak or rupture,” the lawsuit said. “Landowner Petitioners have testified that they have been unable to find adequate liability insurance for CO2-related risks. This leaves them exposed to significant financial risks in the event of a pipeline accident. Summit promised to repay landowners; however, this amount is woefully insufficient.
The IUC dismissed some of the landowner’s claims made during public comment periods as “frivolous,” the plaintiffs said in the lawsuit.
“If given the chance, landowner petitioners only had a few opportunities to submit comments in testifying,” the lawsuit said. “Moreover, the IUC and the testimony process were confusing and often misleading, causing Iowans to lose their ability to testify against the pipeline.”
The plaintiffs are asking the courts to declare the pipeline’s route through the Floyd County area “unconstitutional, null, and void and order the Summit Carbon Pipeline to be rerouted according to the alternative route.”
An IUC spokesman said in an email to The Center Square the commission does not comment on current or pending litigation.
Summit Carbon Solutions said the company is “confident in the Iowa Utilities Commission’s thorough review process. Our project represents a significant opportunity for farmers and ethanol producers to access new markets, such as sustainable aviation fuel, by lowering ethanol’s carbon intensity score. With current economic challenges, including corn prices falling below production costs, 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.”
The pipeline is facing several challenges.
The South Dakota Supreme Court asked a lower court to revisit questions about the status of Summit Carbon Solutions and its authorization to conduct surveys on private land in a ruling last month. Other states are debating whether to approve the project.
