CO2 Pipeline Update

• 80% of Iowans Oppose Eminent Domain for Private Use

• Pipeline Survey Law Comes Before Iowa Supreme Court on Oct. 8

• Pipelines: We're headed to court

• Sign Our Petition on Safety Rules for CO2 Pipelines

Pollution & Recycling

• Nishnabotna River Polluted Again

• Take Our Survey on Iowa's Bottle Deposit Program

Protecting the Environment

• RSVP for October 5 – Sierra Club Annual Meeting

• Lunch and Learns Fridays at noon

• Bitcoin Mine Defeated in Woodbury County

• Book discussion on "Crossings - How Road Ecology is Shaping the Future of Our Planet" by Ben Goldfarb, December 3, 7pm.

Plus

• Contribute to the Iowa Chapter

• Volunteer for the Iowa Chapter

• Calendar of events

• To see the archive of previous Iowa Chapter newsletters

RSVP now for October 5 – Sierra Club Annual Meeting

The Sierra Club annual meeting will be on October 5, 2024, from 10:00 to 3:30 at the Drake University Olmsted Center, 2875 University St, Des Moines, Iowa.  The cost is $40 per person; pay at the door.  We hope you can join us.   RSVP now.

The schedule for the day is:

10:00 - 10:30 - Arrive and check in

10:30 - Welcome and opening remarks

10:45 -11:45 - Dr. Larry Weber, "Iowa Watershed Approach: A plan for a more resilient Iowa".  The State of Iowa recently completed a project entitled the Iowa Watershed Approach focused on improving community resilience to floods, droughts and declining water quality.  The presentation will provide a vision for a more resilient Iowa across all sizes of cities, from small rural communities to large urban centers.  Larry Weber is the Edwin B. Green Chair in Hydraulics in the Department of Civil and Environmental Engineering and Director of IIHR – Hydroscience and Engineering.  He also serves as the interim director of the Iowa Flood Center at the University of Iowa and co-founded the Iowa Nutrient Research Center in partnership with Iowa State University. 

11:45 - 12:45 - Lunch, followed by Sierra Club lunch and learn

1:00 - 2:00 - Dr. David Cwiertny, "Understanding the Impact of Iowa's Water Quality on Public Health".  David Cwiertny is a Professor of Environmental Engineering and Chemistry at the University of Iowa, where he also directs the state-funded Center for Health Effects of Environmental Contamination. His work at the University sits at the intersection of water quality, public health and public policy, with a particular focus on water quality challenges in Iowa.

2:00 - 3:00 - Mike Owen, "Tax Cuts and Real World Choices: The Threat to Iowa's Future".   Tax cuts, as proposed by the legislature, will have huge impacts on environmental protection, parks and recreation areas, and protection of natural resources.  Mike Owen is deputy director of Common Good Iowa, a nonpartisan, nonprofit policy research and advocacy organization based in Des Moines.  Mike is a former journalist in Iowa and Pennsylvania, and since 2001 has followed that effort to inform and engage Iowans on issues that matter to their daily lives and future, first with the Iowa Policy Project and, since 2020, Common Good Iowa. 

3:00 - 3:30 - Open forum and next steps

3:30 - Adjourn

We hope to see you on October 5.  RSVP now.

80% of Iowans Oppose Eminent Domain for Private Use

Iowans are overwhelmingly opposed to carbon pipelines.  In fact, a recent poll sponsored by Bold Alliance found that 80% of Iowans are opposed to eminent domain for private use.  The data from this poll backs up what we see first-hand.

Summit has been hiding its water usage because they know it could be the tipping point in our fight to stop their project.  So just this year we released our own water report on Summit’s water usage.  We uncovered that Summit will need 3.36 billion gallons of water annually from our deep bedrock aquifers.  

And our work paid off. The poll showed concerns over water usage for CCS escalated in Iowa. It comes in as the second top concern for Iowans, followed closely by safety issues.

Lastly, the poll showed that the more people know about the project, the more likely they are to be opposed to the use of eminent domain.

Summit likes to call us the “vocal minority” but in reality they are the "vocal minority".  They are acting like a bully who comes in to take what they want for their benefit despite the costs for everyone else.  They may have more money and wealthy investors demanding this project on the backs of Iowa, but we have more people and we have morality on our side.  Summit may have a very good and expensive PR department, but unlike Summit, the data doesn’t lie.  Iowans are saying loud and clear, NO.

We are strong and we are growing. 

Pipeline Survey Law Comes Before Iowa Supreme Court on Oct. 8

Once a company begins the application process for a hazardous liquid pipeline (such as a CO2 pipeline), the company must hold informational meetings in each county that inform the landowners of the plan.  After that meeting, the Iowa Code allows the company to begin surveying the land where the proposed pipeline will be built.  These surveys involve digging and boring in order to determine if there are geological issues, archaeological resources, and other features of the land.  The folks doing the surveys are allowed to enter the land without permission of the landowners.  These surveys are taken before the Iowa Utilities Commission has held hearings about the pipeline route and before any decisions have been made about the application for a permit.

Several landowners involved in the first phase of the Summit CO2 pipeline have challenged the law that allows the surveys to be taken.  More particularly, the challenge involves whether the work of the surveyors involves a taking that is subject to eminent domain and is subject to compensation to the landowner.  County courts have ruled on both sides of the issue – that it is a taking and that it is not a taking.  The issue was appealed to the Iowa Supreme Court.  

Supreme Court hearing on October 8, 7pm

The Supreme Court will be hearing the case on October 8 at 7pm at the Iowa Capitol in the Supreme Court Chambers, Des Moines, Iowa.  You will be able to attend the hearing in person.  Brian Jorde will be arguing the case on behalf of the landowners who challenged the survey law.

Rally on October 8, 5pm

Also prior to the hearing, we will hold a rally on October 8 at 5pm on the Capitol West Steps in Des Moines. 

Please join us on October 8 at 5pm for the rally at 7pm for the oral argument.

Pipelines: We're headed to court

The Iowa Chapter of the Sierra Club has been leading the opposition to the Summit carbon dioxide pipeline in Iowa including challenging Summit’s request to the Iowa Utilities Commission (IUC) for a permit to construct and operate the pipeline.

For several weeks last year the Iowa Chapter joined other parties in a hearing before the Commission, cross-examining Summits witnesses and presenting our own witnesses.  The evidence clearly showed that contrary to Summit’s claims, the pipeline will not do anything to mitigate climate change or to save Iowa’s ethanol industry.  The pipeline will only benefit Summit by giving it tax credits.

The pipeline will have many negative impacts.  It will destroy Iowa farmland, put people in danger if there is a rupture of the pipe, and force landowners to give Summit an easement through eminent domain.

On June 25 of this year the Iowa Utilities Commission issued a decision granting Summit a permit for the pipeline and granting Summit the right to use eminent domain.  The decision is replete with misstatements of fact, faulty legal conclusions, and a general contempt for those of us objecting to the pipeline.  Unfortunately, this decision was not unexpected. 

But the fight is not over.  The Iowa Chapter, and other parties, are seeking judicial review in the courts.  We are asking the court to reverse the Commission decision.

The court can reverse the Commission decision if the judge determines that the Commission decision was:

1. Unconstitutional as applied and a violation of the substantial rights of the parties opposing Summit’s application for a permit.
2. Based upon an erroneous interpretation of a provision of law whose interpretation has not clearly been vested by a provision of law in the discretion of the agency.
3. Based upon a determination of fact clearly vested by a provision of law in the discretion of the agency that is not supported by substantial evidence in the record before the Court when that record is viewed as a whole.
4. Based upon an irrational, illogical, or wholly unjustifiable interpretation of a provision of law whose interpretation has clearly been vested by a provision of law in the discretion of the agency.
5. The product of reasoning so illogical as to render it wholly irrational.
6. Based upon an irrational, illogical, or wholly unjustifiable interpretation of a provision of law whose interpretation has clearly been vested by a provision of law in the discretion of the agency.
7. Based upon an irrational, illogical, or wholly unjustifiable application of law to fact that has clearly been vested by a provision of law in the discretion of the agency.
8. Otherwise unreasonable, arbitrary, capricious, or an abuse of discretion.

After the district court judge issues a decision, no matter which way the judge rules, the case will surely be appealed to the Iowa Supreme Court.  There is still a long way to go.

Sign Our Petition on Safety Rules for CO2 Pipelines

Carbon pipelines are now being proposed and built across the midwest, and our communities are lacking strong standards for community safeguards. We need the Pipeline and Hazardous Materials Safety Administration (PHMSA) to act expeditiously and propose the strongest version of "Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines" possible.

Join us in asking for the strongest safety standards possible to protect our communities by signing your name and sending a message to PHMSA.  Sign the petition

 Photo by Yazoo County Emergency Management Agency; graphic by Eric Willadsen. 

Take Our Survey on Iowa's Bottle Deposit Program

We are all familiar with Iowa's bottle deposit law - where we pay a nickel for each container of pop, beer, or alcohol we purchase and where we get the nickel back when we return our empty containers.  The bottle deposit law changed in 2022, reducing the number of redemption sites and increasing the fee paid to the redemption centers from 1 cent to 3 cents per container.  The grocery stores and convenience stores have been given broad exemptions allowing them to avoid taking empty bottles and cans.  Several counties do not have redemption centers.

In the months after the 2025 legislature adjourns, there will be an interim committee looking at the changes that were made in 2022 and making suggestions – enforcement of the law, civil penalties assessed, number of redemption centers, determining if the redemption center reimbursement amount is adequate, etc.

This year, some members of the legislature were discussing killing the bottle deposit law.  Consequently we need to watch the legislature in 2025 with respect to killing the bottle deposit law and scheduling the interim committee.  

In preparation for the legislature and the interim committee meeting, we have been gathering information about how the bottle redemption program is working.  Please answer our survey so we can be prepared as we talk to the legislators in 2025.  Take the survey now!  Your input will be useful when we lobby to protect and expand the bottle deposit law.  The survey should take about 5 minutes.  Thank you for your assistance.

Nishnabotna River Polluted Again

In late August, the Iowa Department of Natural Resources (DNR) investigated a bright blue pool of liquid that was headed toward the West Nishnabotna River in Oakland, in Pottawattamie County.  From all indications, the liquid had entered the river, based on soil staining.  Samples were sent to the State Hygienic Lab for analysis.  DNR staff were trying to determine the source of the spill which was west of Oakland.

This incident comes on the heels of a massive fertilizer spill near Red Oak in March of this year in the East Nishnabotna River that killed almost 800,000 fish, plus frogs, snakes, mussels, and earthworms.  The spill originated at NEW Cooperative and traveled all the way downstream in Iowa, through Missouri, and to the confluence of the Nishnabotna River with the Missouri River – a distance of 60 miles.  Iowa's Attorney General is continuing to review this incident for fines and penalties.

In May of this year, the city of Audubon was fined $8,000 by the Iowa Department of Natural Resources because its wastewater treatment plant discharged excess amounts of ammonia into a creek that flows into the East Nishnabotna River in violation of its National Pollution Discharge Elimination System (NPDES) permit for ammonia every month in 2021, 2022, and several months in 2023 - a total of 48 times.  The underlying problem was the pollution coming from Waspy's Truck Wash.

The reason that the Audubon municipal wastewater treatment plant was in violation is related to the wastewater it was receiving from Waspy's Truck Wash.  Waspy's has a Treatment Agreement with the Audubon waste water treatment facility that lays out the limits of the pollutants in the wastewater that it sends to the municipal treatment facility.  Waspy's violated its permit 529 times between September 1, 2019, and March 11, 2024.  It was sending excess amounts of ammonia nitrogen, waste solids, oil, and grease to the municipal treatment plant.  In May, Waspy's was fined $8,000 by the Iowa Department of Natural Resources for its failure to comply with the Treatment Agreement.  The truck wash cleans out trailers that are used to transport livestock.  

Bitcoin Mine Defeated in Woodbury County

The Northwest Iowa Group and the Iowa Chapter of the Sierra Club engaged in defeating a request to the Board of Adjustment for a permit to build a Bitcoin mining operation near Correctionville in Woodbury County, Iowa.  We were concerned about the source of the significant amount of energy required for the operation, and the two nearby coal-fired power plants that have been running below capacity.  Bitcoin mining involves using computers to decode complex strings of numbers.  The company that is able to correctly solve the decode process wins the transaction and, thus, benefits financially.  The operations house large banks of computers that use large amounts of electricity to power the computers and cool the buildings housing them.  This operation was going to be air cooled.  The Board of Adjustment did not grant a conditional use permit to build the operation.

Book discussion - "Crossings" on December 3

On December 3 at 7pm, Sierra Club members David Hoferer and Tom Reardon will be discussing the book "Crossings - How Road Ecology is Shaping the Future of Our Planet" by Ben Goldfarb.  RSVP today and we will send you the Zoom link.

Our road infrastructure has been the source of significant loss of wildlife across the country, resulting in deaths and disruption of their lives.  Roads have interrupted migration patterns.  They interfere with animals that want to move back and forth to nesting grounds.  Furthermore, people and their vehicles are at risk from collisions with wildlife attempting to cross roads.  The book also explores ways that the fragments of habitat can be reconnected.  Throughout the book Ben Goldfarb addresses the issue with humor and great insight.

We hope you can join us on December 3 at 7pm.  RSVP today.

Lunch and Learns Fridays at noon

Fridays at noon, we do a Lunch and Learn livestream.  See us on Facebook at "Sierra Club Iowa Chapter".  These will be recorded so you can watch them anytime.  Topics will be selected based on what is happening during the week.  During the legislative session, we cover issues coming before the Iowa legislature.

In case you missed our past webinars and lunch and learn sessions, you can still see them.

Volunteer for the Iowa Chapter

Almost everything we do is done by volunteers like you.  If you would like to volunteer for the Iowa Chapter, please let us know by sending an E-mail to Iowa.chapter@sierraclub.org.  Or sign up by using the online form.  There are many opportunities for you to make a difference:

• making phone calls

• developing graphics for banners and flyers

• working on legislative issues

• working on elections

• fundraising

• organizing events

• joining an issue committee 

If you would like to join our legislative action team, sign up here.  Keep on top of what is happening at the Iowa legislature.  Be alerted when you should contact your legislators about pending legislation.

Sierra Club - working every day on Iowa’s environmental problems

Sierra Club is Iowa’s oldest and largest grassroots environmental organization.  Not only that, we are the best bet in the state for achieving bold solutions to Iowa’s environmental problems.

We work in the courts, before Iowa’s public agencies, and in the halls of the legislature.  The Iowa Chapter's effort to protect the environment takes financial support.  The Chapter receives very little financial support from the national Sierra Club.  Can we count on you for a donation to ensure even more victories?  Your contribution will be put to work here in Iowa on issues that affect every day Iowans – water quality, clean air, protection of Iowa's soil, parks and natural areas, and a strong democracy.  The Iowa Chapter is relentless in fighting back bad legislation that affects every one of us. 

Your non-deductible contributions make it possible for us to fight bad legislation and to promote good legislation.  We appreciate your past and on-going support of these efforts.  You can make a non-deductible donation with a credit card.   A non-deductible donation supports the Chapter's effective, citizen-based advocacy and lobbying programs.  If you prefer, a non-deductible check can be written to the Sierra Club Iowa Chapter and mailed to:

Treasurer
Sierra Club, Iowa Chapter
PO Box 1058
Marion, IA 52302

You can also make a tax-deductible donation with a credit card.  Tax-deductible activities are limited to public interest education, research and legal actions.  A deductible check can be written to the Sierra Club Foundation with “Iowa Chapter” written in the memo line.

Thank you for your support.

Donate your used vehicle

As the Sierra Club Foundation's Iowa Chapter continues to raise charitable funds to support its work in Iowa, won’t you consider participating in our vehicle donation program?  Our partners over at CARS have made the process of donating your unused or unneeded car, truck, motorcycle, boat or RV easy, efficient and secure.  They’ll take care of everything from picking up your vehicle to sending you a tax receipt for your generous gift.  To learn more about The Sierra Club Foundation's Iowa Chapter vehicle donation program, please call 844-674-3772.  Or visit our webpage to get started today!

Sierra Club Foundation promotes climate solutions, conservation, and movement building through a powerful combination of strategic philanthropy and grassroots advocacy. The Foundation is the fiscal sponsor of Sierra Club’s charitable environmental programs.

For more information 

Planned giving . . . naming the Sierra Club Iowa Chapter in your will 

Ensure your environmental legacy by naming the Iowa Chapter in your will or trust. These gifts cost you nothing now. You can hold onto your assets for as long as you need them.

Thank you for supporting our work!