Court Sides with Summit in Pipeline Ordinance Lawsuit

by Brian Wilson
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A federal judge has permanently blocked two Iowa counties from enforcing ordinances that would have set restrictions for carbon pipelines.

The ordinances in Shelby and Story Counties set zones around homes, schools and city limits through which pipelines were not to pass. The counties also sought to force Summit Carbon Solutions to provide county-specific emergency plans for pipeline ruptures.

The Iowa Capital Dispatch was first to report that the judge ruled the restrictions would have imposed severe limitations, leading to a situation where the Iowa Utilities Board could grant a construction permit for the pipeline, but Summit would be unable to build it. The same judge issued a temporary injunction this summer against Shelby County’s ordinance.

Shelby County Supervisor Kevin Kinkel said at the time it was disappointing that other levels of government aren’t supporting counties in their efforts to protect residents. Emmet County Supervisors passed zoning restrictions for pipelines that transport hazardous liquids in early March and Summit Carbon Solutions sued later that month, but that lawsuit has not been resolved.

The Kossuth County Board of Supervisors passed the 2nd reading of a Zoning Ordinance this week that would regulate how close a hazardous liquid pipeline could be to a house, farm building or any other public area during their meeting this week. It is not yet known how the court ruling will affect the local ordinance going forward.

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