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The New American
The New American
6 Dec 2023


NextImg:Fed Judge Strips Iowa Counties of Pipeline Safety Authority - The New American
BrianAJackson/iStock/Getty Images Plus

Two counties in Iowa are shackled from enforcing ordinances that protect their residents' lives and property from dangerous carbon dioxide pipelines.

On Monday a federal judge permanently barred Story and Shelby counties from exercising their constitutional rights.

At issue are planned pipeline systems intended to transport liquified carbon dioxide, which has been captured from ethanol plants throughout the Corn Belt, to deep underground storage.

The county ordinances established minimum citing distances to protect homes, schools, churches, parks, and other sites. The minimums are considered vital due to the imminent danger liquified carbon dioxide poses when it leaks, as residents of Satartia, Mississippi learned the hard way twice in 2020.

One of the companies proposing the pipelines, Summit Carbon Solutions, filed two lawsuits against the counties, arguing that the federal government regulates pipeline safety.

Judge Stephanie Rose of the federal Southern District of Iowa granted summary judgments in favor of Summit in both suits. (Rose is an Obama appointee.) In her Shelby decision, she wrote that the county ordinances prevent Summit from constructing a pipeline.

Summit has made the same argument in North and South Dakota, but public utilities commissions in both states have denied the company's permit applications.