“State and local agencies cannot regulate safety matters,” Rose wrote. Rose also said the ordinance’s requirements for pipeline companies to submit safety plans to the county and to notify the county when use of a pipeline is discontinued conflict with federal rules. This creates a serious possibility the IUB would approve the construction of the pipeline but Summit would be unable to build because it could not comply with the requirements of the ordinance.” She added, “Common sense suggests these restrictions would eliminate all or almost all land in Shelby County on which an (Iowa Utilities Board) approved pipeline could be built. “This omission is evidence that the Legislature did not envision a role for counties in regulating the location of pipelines,” Rose wrote. Rose noted the statutory role county supervisors have in land restoration after a pipeline is built but not in pipeline placement.
The ruling by Chief Judge Stephanie Rose, filed Monday in the federal Southern District of Iowa, said state law does not explicitly prohibit the Shelby County ordinance but that such a prohibition is implied. Opponents worry about public safety if a pipeline ruptures and say the projects shouldn’t qualify to use eminent domain. The county ordinances were borne of the sometimes fierce opposition to Summit’s project and other carbon dioxide pipeline proposals by two other companies. Judge finds Legislature didn't envision counties regulating pipelines Landowners along about 30% of the route have declined to grant Summit easements to build on their properties and will likely face eminent domain proceedings starting next month. The project includes more than 700 miles of pipeline in northwestern Iowa. Summit seeks to build a pipeline network in five states that to transports captured carbon dioxide emissions from ethanol plants to North Dakota for underground sequestration. The lawsuits seek declarations that the ordinances are preempted by federal and state regulations, permanent injunctions that prevent their enforcement and attorney fees. The company, along with a Story County farmer who is a founder of an ethanol plant, has sued three counties for ordinances that restrict how closely hazardous liquid pipelines can be located to cities, schools, livestock facilities, electric transmission lines, homes and other facilities. The judge granted Summit Carbon Solution’s request for a temporary injunction that prevents that ordinance’s enforcement. An ordinance adopted by Shelby County that would severely restrict the placement of a proposed carbon dioxide pipeline conflicts with state and federal regulations and should not be enforced, a federal judge ruled this week.
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