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Domina Law Group Managing Lawyer Brian Jorde was recently quoted by the De Moines Register in an article profiling how he and other parties opposing a controversial carbon capture pipeline are preparing to challenge a conditional permit approval from the Iowa Utilities Commission.
As reported by the Des Moines Register, the coming challenges concern a proposed pipeline from Summit Carbon Solutions’ (dubbed the Midwest Carbon Express) intended to transport carbon dioxide emissions from ethanol plants across multiple states to an underground storage site in North Dakota. Over 1,000 of the pipeline’s 2,500 total miles would be laid in Iowa.
Last month, the Iowa Utilities Commission (formerly known as the Iowa Utilities Board) announced that it would approve a permit for Summit’s pipeline and the company’s use of eminent domain to acquire landowners property with some conditions, including that no construction could begin in Iowa until Summit secured approval for its project in North and South Dakota.
With the deadline to ask that the IUC reconsider its approval quickly approaching, at least four groups are now preparing to launch challenges. This includes the Sierra Club of Iowa, Iowa legislators, and a large group of affected landowners represented by Brian Jorde. Seven Iowa counties where the pipeline has been proposed have already filed their request for reconsideration.
About the Challenges
Summit’s proposed pipeline, like other similar carbon capture pipelines proposed by other companies, has received heavy opposition from environmental groups, property rights advocates, and landowners across the Midwest, over 1,000 of whom are represented by Brian Jorde and Domina Law Group. These groups have raised concerns over the pipeline’s potential impact on farmland, livestock, drainage, and natural resources, as well as Summit’s controversial attempts to use eminent domain – a right typically reserved for the government and public use projects – to gain access to private property, construct its pipeline, and reap massive profits.
In Iowa, the argument against Summit’s use of eminent domain will be a primary focus for all opposing groups launching challenges to contend with the IUC’s findings that Summit’s services “will promote the public convenience and necessity,” which is one of the requirements to obtain a permit and the power of eminent domain. The seven counties that filed the first reconsideration request have also argued that Summit failed to conform its proposed route to local regulations and future development plans.
When asked about the case he plans to make on behalf of affected landowners, Jorde commented that there are many potential arguments, and that the most compelling will be put forth.
“I can’t discuss strategy or what are the most egregious of the many errors. We are evaluating them all and will pick the ones we think the district court will find most compelling.”
You can read the full article featuring quotes from Brian Jorde here. Our firm will continue to provide updates about the latest challenges in Iowa as they unfold.
Domina Law Group’s Continued Fight Against Carbon Pipelines
The upcoming challenges to the Iowa Utilities Commission’s permit approval are the just the latest developments in Domina Law Group’s ongoing fight against controversial carbon capture pipelines. Some of our recent work and victories include:
- In March, Brian Jorde delivered oral arguments before the South Dakota Supreme Court to voice the opposition of landowners challenging Summit Carbon’s pipeline and ability to use eminent domain.
- Last fall, a legal strategy developed by Jorde proved successful in helping landowners secure an historic victory against Navigator CO2 Ventures, which announced last month that it was cancelling its proposed Heartland Greenway project, a multi-billion-dollar carbon pipeline that would have spanned 1,300 miles across Illinois, Iowa, Minnesota, South Dakota, and Nebraska.
- Jorde’s work has also been responsible for victories against another multi-billion pipeline project from Summit Carbon Solutions, which saw its permit application rejected by the South Dakota Public Utilities Commission in September.
Brian Jorde and our team at Domina Law Group will continue to fight relentlessly for landowners across Iowa and the Midwest with properties threated by proposed carbon capture pipelines, including Summit’s Midwest Carbon Express pipeline and another pipeline proposed by Wolf Carbon Solutions. You can learn more about our carbon pipeline litigation work on our blog.