Two Iowa counties are asking the US Supreme Court to restore their authority to regulate how close Summit Carbon Solutions’ proposed $9 billion carbon capture pipeline can run to schools, churches, and other buildings.
Story and Shelby counties filed a petition on October 3 seeking to overturn a ruling by the US Eighth Circuit Court of Appeals that blocked them from enforcing local setback ordinances. Their case centers on whether local governments can impose location-based restrictions for safety or economic reasons without violating federal pipeline law.
Attorneys for the counties argue that federal appellate courts are divided on this issue.
They say the Eighth Circuit’s interpretation effectively strips local governments of any power over pipeline routes, creating what they call a “regulatory vacuum” amid the rapid expansion of CO2 transport infrastructure.
Debate Over Safety, Federal Oversight, and Local Control
The ordinances were enacted after residents raised safety and property concerns over the 2,500-mile Summit pipeline, which would collect carbon dioxide from ethanol plants across the Midwest and store it underground in North Dakota. Summit sued, claiming that the federal Pipeline Safety Act overrides local safety rules.
A district court and later the Eighth Circuit sided with Summit, reasoning that the counties’ setback requirements were primarily safety-motivated and therefore preempted by federal law.
But the counties counter that Congress explicitly left routing and siting decisions to state and local authorities.
Relevant: Summit Considers Leaving North Dakota Out Of Carbon Pipeline Route
They also point to differing interpretations among federal circuits, some focusing on the effects of local laws, others on their motivations. In a dissenting opinion, Judge Jane Kelly argued that zoning laws often balance safety, economic, and environmental concerns and shouldn’t automatically be preempted.
The Supreme Court will decide later whether to hear the case, which could redefine how much influence local governments have over future CO2 pipeline projects.
Read more: Landowners Reject Summit Carbon’s “Rebrand” Amid Ongoing Pipeline Disputes
