Victory Update:
LANDOWNERS WIN BAN ON EMINENT DOMAIN FOR CARBON PIPELINES IN SOUTH DAKOTA
Summit will no longer be able to use eminent domain in South Dakota
Landowners across the Midwest are celebrating a hard fought victory for property rights. Today, South Dakota Governor Rhoden signed HB1052 into law, which bans the use of eminent domain for carbon pipelines.
With Summit’s project now in limbo, Iowa landowners call on the Iowa Senate to finally take on the issue and pass a bill to protect Iowa landowners’ rights as well. Similar bills to ban eminent domain on agricultural land have been introduced in the Iowa House, HSB287 and Senate, SF92. HSB287 passed out of the House Judiciary Committee this morning, making it through tomorrow’s funnel deadline.
Landowners opposed to carbon pipelines and the Sierra Club Iowa Chapter are holding a Carbon Pipeline Opposition Rally at the Capitol on Tuesday, March 18 at 11am to call on the Iowa Senate to pass SF92/HSB287.
“We are proud of all the hard work that we’ve done over the last 4 years. It shows that when people unite around a common cause, we are unstoppable. Iowa’s HSB287/SF92, like South Dakota’s HB1052, are fair bills that protect property rights. Governor Reynolds and the Iowa Senate should take a lesson from South Dakota and listen to their constituents.” said Jess Mazour, Sierra Club Iowa Chapter.
“This will effectively end Summit’s project. IUC must stop any further proceedings on Summit's Phase 2 proposals. And, Summit’s phase 1 project is now a moot point.” said Sierra Club’s Attorney Wally Taylor.
“Carbon pipelines are not a public use, public purpose or public necessity and should not have the right to use eminent domain in Iowa. It’s common sense and protects our rights. Iowa doesn’t need a threshold like what the Senate proposed, we need an outright ban on eminent domain for private-profit carbon pipelines.” said Kim Junker, Butler and Grundy county landowners.
“For almost 4 years the Iowa Senate has refused to protect Iowa landowners from the threat of Eminent Domain at the hands of Summit Carbon Solutions. South Dakota just protected their landowners, now Iowa needs to move along the bill that would do the same for Iowans,” said Sioux County landowner Meghan Sloma.
“South Dakota is protecting their landowners' freedoms and property rights. Time for Iowa and Governor Reynolds to do the same.” Said Hardin County landowner Kathy Stockdale.
Say NO to CO2 pipeline projects proposed in Iowa!
Iowans across the state are fighting carbon dioxide pipelines. We are joined with citizens in our neighboring states. And we are winning the battles.
Iowans have been fighting against carbon dioxide (CO2) pipeline proposals. They are centered around Carbon Capture and Storage (CCS). The lines would carry captured carbon dioxide from ethanol plants. CCS is very complicated but when you boil it down, the basic premise is that it captures the carbon dioxide and stores it underground (CCS) or it captures the carbon dioxide and uses it for industrial purposes, Carbon Capture Utilization and Storage (CCUS). Summit and Wolf pipelines claim that they are going to permanently store the CO2 underground.
CO2 Pipelines Proposed in Iowa:
Summit Carbon Solutions, aka Bruce Rastetter’s CO2 Pipeline. Bruce Rastetter’s Pipeline connects ethanol plants and other industrial agriculture facilities to a pipeline that leads to North Dakota. From there the CO2 will be stored underground or will be used for Enhanced Oil Recovery. Map below shows the Summit route, including the POET and Valero ethanol plants that are part of Phase 2 expansion of the Summit CO2 pipeline.
To learn more, you can read below or jump to items that interest you:
- Status and Overview of the Proposed CO2 Pipeline Projects
- Why we're opposed
- View Objections, Ordinances, and other local action
- Take Action Now!
- Resources
- Archive of older material
Status and Overview of the Proposed CO2 Pipeline Projects
- Summit Carbon Solutions - Summit Carbon Solutions was co-founded by Bruce Rastetter and is based out of Ames, Iowa. Summit is proposing to build a carbon dioxide pipeline across Iowa, South Dakota, North Dakota, Minnesota and Nebraska. Summit would capture Carbon Dioxide from ethanol plants, including 31 in Iowa, and transport the CO2 to North Dakota where the CO2 will be stored underground or used for Enhanced Oil Recovery.
- Summit Carbon Solutions Phase 1 - Summit applied for its Phase 1 route in 2021. Governor Reynold’s hand-picked Iowa Utilities Commission (IUC) approved Summit’s Phase 1 route in late spring 2024, despite overwhelming opposition and strong legal arguments. Five parties have filed suit in District Court against the IUC to overturn the approval.
- Summit Carbon Solutions Phase 2 - In late 2023, Summit added new POET and Valero ethanol plants to its proposed footprint and opened up 15 new expansion dockets in 2023 and 2024. Summit completed the informational meetings for the proposed Phase 2 route in September 2024 and began filing petitions in the Phase 2 dockets in October 2024. Impacted landowners on Summit’s Phase 2 route should view the resources guide below for more information on your rights and how to join the Iowa Easement Team.
Update: Big Victory in South Dakota on RL21!
Landowners across the Midwest are celebrating a huge victory in South Dakota against Summit’s carbon pipeline proposal. South Dakota voters voted 60-40 to repeal Referred Law 21 (RL21), a bill that would have blocked county zoning ordinances passed to protect citizens from Summit’s carbon pipeline.
Despite a substantial spending disparity, with pipeline opponents raising just over $220,000 against the Vote Yes coalition’s $2.7 million campaign, mainly financed by Summit’s ethanol-producing partners, South Dakotans saw through the misleading claims that RL21 would benefit schools, and understood its true impact on local control.
This victory places a huge hurdle in the way of Summit’s pipeline project approval in South Dakota.
We are winning!!!
- South Dakota PUC denied Navigator's pipeline permit
- South Dakota PUC upheld the County Zoning Ordinances
- North Dakota PSC denied Summit's pipeline permit (Summit has asked for a reconsideration)
- South Dakota PUC denied Summit's pipeline permit
- Oliver County, ND voted no on two of Summit's injection wells
- Mercer County, ND denied five of Summit's road crossing permits
- Navigator puts permitting on hold in Iowa
- Summit puts DNR Air Quality and Wastewater permitting on hold in Iowa
- Oct. 20, 2023, Navigator canceled its Heartland Greenway carbon dioxide pipeline project.
- Wolf withdraws in Illinois after ICC staff recommend denial of the application
- Stanton County, Nebraska denied Summit a Conditional Use Permit
- Illinois ICC denied One Earth’s Energy carbon pipeline
- Illinois passed a 2-year moratorium on carbon sequestration among other carbon pipeline regulations
- South Dakota Supreme Court refused to decide if Summit is a common carrier
- South Dakota voters defeat RL21! RL21 would have blocked county zoning ordinances passed to protect citizens from Summit’s carbon pipeline.
- Wolf Carbon Solutions withdrew its application to build a pipeline in eastern Iowa.
State Permitting Boards:
Note: July 1, 2024, the name of the Iowa Utilities Board (IUB) was changed to the Iowa Utilities Commission (IUC). On this webpage and in our materials, we have kept the IUB designation for events that happened before the name change. We are using the Iowa Utilities Commission on new items.
Why we are opposed
Carbon pipelines are bad for the environment.
We want real climate solutions, not greenwashing schemes! We must end our dependence on fossil fuels and invest in solar, wind, battery storage, conservation, and efficiency.
CCS for Summit carbon pipeline proposals are false climate solutions because:
- It does not address other emissions or forms of pollution from fossil fuel extraction and industrial agriculture
- It could allow for the extension of fossil fuel extraction through enhanced oil recovery
- Fails to acknowledge CO2 is incredibly dangerous and a pipeline leak or break could poison surrounding communities and first responders
- It will extend the life of the polluting ethanol industry and industrial agriculture practices that have contributed to our climate crisis, water pollution and more.
- CCS continues business as usual and delays investment in REAL climate solutions
"Water Woes: Uncovering the True Cost of Summit’s Carbon Capture Project" describes the water needs of CCS.
Summit Carbon Solutions is proposing carbon capture projects at 31 ethanol plants across Iowa. Locally, statewide and regionally, these projects threaten to deplete public water resources in our aquifers.
Water would be used in Summit’s operation to capture carbon dioxide at the ethanol plants for dewatering, dust control, hydrostatic testing, and to cool the carbon dioxide because compression of the carbon dioxide generates heat. The amount of water that would be needed for the production of ethanol and Summit’s proposed carbon capture projects far exceeds the water usage for communities in a 10-mile radius surrounding the plants.
Many water uses in Iowa like power generation, public water and irrigation use water from Iowa’s alluvial aquifers, which can recharge relatively quickly as compared to Iowa’s deep aquifers. 90% of the water used for ethanol production comes from Iowa’s deep aquifers which are in danger of not being adequately recharged.
Iowa’s water resources are not endless. If Iowa DNR continues to hand out water withdrawal permits like candy when Iowa has never done a comprehensive study to determine how much water we have, Iowa is facing a looming water crisis. As we will show in this report, that is what is happening now.
In order to protect Iowa’s water resources, Iowa Department of Natural Resources and any other water authority must deny any water usage permits for Summit Carbon Solutions and other water requests for carbon capture projects. There must be a thorough study on Iowa’s deep bedrock aquifers to understand how much water is available and how it should be allocated to ensure Iowans can meet water needs for humans, livestock and industries.
Read our full report and more, "Water Woes: Uncovering the True Cost of Summit's Carbon Pipeline ", [https://www.sierraclub.org/iowa/waterreport]
Waste of public tax dollars
Summit Carbon Solutions has admitted that they would not be proposing their pipeline project if it weren’t for the 45Q, 45Z and other tax incentives. The 45Q tax credit pays per ton of carbon dioxide sequestered or used for Enhanced Oil Recovery. Summit has not disclosed how much it expects to make from various tax incentive programs, but we believe it will far exceed $30 billion dollars, more than their upfront infrastructure costs.
Dangerous
Carbon Dioxide pipelines are incredibly dangerous and potentially deadly. CO2 is a toxicant and asphyxiant. It is heavier than air and displaces oxygen. Anyone in the area of CO2 pipeline rupture is in immediate danger.
A carbon pipeline in Satartia, Mississippi rupture in February 2020. The rupture sent 45 people to the hospital and over 300 were forced to evacuate. In response, the Pipeline and Hazardous Materials Safety Administration (PHMSA) did an investigation and determined that there are not adequate safety rules in place for CO2 pipelines. PHMSA is currently working on draft rules and regulations. In the meantime, Iowa should not move forward with any carbon pipeline proposal.
Threatens Land and Property Rights
Carbon pipeline construction damages farmland, rips out forests, endangers waterways and more. For this reason and more, landowners along the proposed routes do not want the Summit pipeline. If landowners refuse to sign voluntary easements, eminent domain will likely be used against them.
Eminent domain serves a purpose for things that are truly in the public benefit, like roads, bridges, water lines, etc. Eminent domain should not be used for dangerous, for-profit projects.
There are currently 848 unsigned parcels on Summit’s Phase 1 route alone. If eminent domain is forced on these landowners, it would be a precedent setting use of eminent domain in Iowa. Summit Phase 2 has not released numbers of easements signed, we believe those numbers to be very low.
View Objections, Ordinances, and other local action
Counties, cities and other local entities play an important role in protecting our communities from dangerous carbon pipelines. Objections are an easy way for a local entity to register their opposition with the IUC. We had dozens of counties, cities and local entities submit objections.
Another, more meaningful, thing your County Supervisors could do is pass a Zoning Ordinance with setback distances for how far the proposed pipeline can be from homes, schools, businesses, etc.
Check out our County Action Tracker and Interactive map to view where action has been taken, copies of ordinances and more.
Take Action Now!
- If you're a landowner who will be directly impacted by the pipeline, we encourage you not to sign a voluntary easement.
- If you are an impacted landowner, email jessica.mazour@sierraclub.org for information to get involved in the landowner opposition Group
- Sign up for weekly carbon pipeline opposition newsletter
- Sign up for our monthly Sierra Club Newsletter
- Watch our Lunch & Learns on Facebook on Fridays at noon.
- Submit an objection to the Iowa Utility Board to ask them not to grant a permit to Summit and Wolf. Click this link and find the docket that you wish to object to. Below is a list of the current IUB dockets for Summit and Wolf. You can submit as many objections as you’d like throughout the process and we encourage you to do so.
|
Docket Number |
Applicant Name |
Ethanol Plant |
Counties |
Initial Docket Filing w/ County Maps |
|
HLP-2021-0001 |
Summit Carbon Solutions, LLC |
Original Route |
Fremont, Page, Montgomery, Pottawattamie, Shelby, Crawford, Ida, Cherokee, O'brien, Plymouth, Sioux, Woodbury, Lyon, Clay, Dickinson, Emmet, Palo Alto, Kossuth, Hancock, Cerro Gordo, Floyd, Chicksaw, Wright, Franklin, Hardin, Story, Webster Green |
|
|
HLP-2023-0004 |
Summit Carbon Solutions, LLC |
Absolute Energy |
Mitchell, Floyd |
|
|
HLP-2024-0001 |
SCS Carbon Transport LLC |
POET - Fairbank and Shell Rock, IAL-501, IAT-401 |
Bremer, Butler, Fayette, Floyd |
|
|
HLP-2024-0002 |
SCS Carbon Transport LLC |
POET - Iowa Falls and Jewell, IAL-502, IAL-503 |
Hamilton, Hardin |
|
|
HLP-2024-0003 |
SCS Carbon Transport LLC |
Valero - Fort Dodge and POET - Gowrie, IAL-504, 505 |
Webster |
|
|
HLP-2024-0004 |
SCS Carbon Transport LLC |
POET - Coon Rapids and Menlo, IAL-506, 507 |
Green, Guthrie |
|
|
HLP-2024-0005 |
SCS Carbon Transport LLC |
POET - Arthur, IAL-508 |
Ida |
|
|
HLP-2024-0006 |
SCS Carbon Transport LLC |
POET - Corning, IAL-509 |
Adams, Montgomery |
|
|
HLP-2024-0007 |
SCS Carbon Transport LLC |
POET - Hudson, IAL-510 |
Sioux |
|
|
HLP-2024-0008 |
SCS Carbon Transport LLC |
Valero - Charles City, IAT-402 |
Floyd |
|
|
HLP-2024-0009 |
SCS Carbon Transport LLC |
POET - Hanlontown, IAL-516 |
Mitchell, Worth |
|
|
HLP-2024-0010 |
SCS Carbon Transport LLC |
Valero - Lakota, IAT-404 |
Hancock, Kossuth |
|
|
HLP-2024-0011 |
SCS Carbon Transport LLC |
POET - Emmetsburg, IAT-405 |
Palo Alto |
|
|
HLP-2024-0012 |
SCS Carbon Transport LLC |
Valero - Albert City, IAT-406 |
Buena Vista, Clay |
|
|
HLP-2024-0013 |
SCS Carbon Transport LLC |
Valero - Hartley, IAT-407 |
O'Brien |
|
|
HLP-2024-0014 |
SCS Carbon Transport LLC |
POET - Ashton, IAT-408 |
O'Brien, Osceola |
Resources:
Videos, Webinars, and News Articles:
- Our YouTube Channel - https://www.youtube.com/@IowaSierraClub/videos
- Watch our "Carbon Pipelines: A Disaster Waiting to Happen" webinar.
- Watch our "Protect Our Land: No Carbon Pipelines" webinar.
- Carbon pipelines require a lot of water from our aquifers. Watch this video about Carbon Pipelines, CCS and Water, November, 2023
- Watch the IUB hearing, including testimony from landowners, Summit and other experts, August-November 2023
- Watch Jess Mazour on Iowa Press, April, 2023
- Gassing of Satartia
- Grist article on CO2 leak
- Read the article "US carbon pipeline company pledges no oil recovery, but Bakken drillers want it", written by Leah Douglas, Reuters, March 11, 2024
Fact Sheets and Maps:
- See our fact sheet on CO2 pipelines
- See our flyer on "Tell your legislators, "No eminent domain for hazardous liquid pipelines" and how to answer their concerns"
- Landowners: Know Your Rights About Surveys, Land Agents and Easements
- Landowners: Know Your Rights About Eminent Domain
- Find out why counties should hire an independent inspector. (share this with your County Supervisors)
- Pass a County Ordinance to protect your community from carbon pipelines. Several counties have already passed an ordinance - Shelby, Story, Adair, Bremer, Butler, Dickinson, Emmet, Kossuth, Palo Alto
- Click here for an interactive map of the carbon pipeline projects.
Iowa Law:
- Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction
- Chapter 479b - Hazardous Liquid Pipelines and Storage Facilities
