Summit carbon pipeline gets conditional greenlight for eminent domain.

Tim Baughman, Farmer - Denison, Iowa: ‘Summit Carbon Solutions wants to take and forever control our land… ”

A milestone was reached this week in the two and a half year battle over the construction of Summit Carbon Solutions CO2 pipeline. The Iowa Utilities Board granted the Ames, Iowa - based company the right to use eminent domain in the siting and construction of its Midwest Carbon Express pipeline in the Hawkeye State.

Lee Blank is Summit’s CEO.

Lee Blank  - CEO, Summit Carbon Solutions: “They took a great deal of time being diligent around the project and around the hearings for the project, which is why it took some time. Again, a lot of stakeholders that are affected here, a lot of individuals affected through this project. So the fact that they took the time to hear as many and most as they could, I think was really, really, good judgment on their part to hear from all the stakeholders. So I’m glad that it's here.”

Blank says that the use of eminent domain is their last resort.

Lee Blank  - CEO, Summit Carbon Solutions: “We have, signed approximately 75 percent of the route voluntarily. Again, we're not going to be under construction for at least a year. So ultimately, our goal is to continue to engage with landowners on a voluntary basis. And, and continue to work in that environment, without, you know, attempting to use that last tool in our toolbox. The hope is, and the focus of our company is, to be transparent, open and honest, and try and find voluntary arrangements with those that we would be affecting.”

The decision was handed down after a comment period in late 2022 and a contentious hearing that took place over four months last year.

Emma Schmit works for the Bold Alliance and is director of the Pipeline Fighters, a group of farmers, landowners and their neighbors that object to construction of the pipeline. 

Emma Schmit, Bold Alliance & Director - The Pipeline Fighters: “I don't think anybody's surprised by the decision. I think we've been prepared and working towards this decision for years now because we've known it's a bit of a kangaroo court going on. But I think we are really set up to progress forward and actually win and stop the pipeline.” 

Schmit says the group, along with the Sierra Club, plans to appeal the IUB’s decision.

Emma Schmit, Bold Alliance & Director: “Really what it comes down to is that this does not promote the public convenience society that is kind of the legal standard that they have to meet and they don't. This provides no benefit to anyone except for, you know, a few boys in their Wall Street offices and a few out of state and out of country investors.”

Despite the greenlight in Iowa, Summit must meet several legal benchmarks before it can leave the starting line. According to the IUB’s decision, construction permits must be secured in Nebraska, Minnesota and the Dakotas as well as obtaining a permit to build the sequestration facility in North Dakota before work can begin. 

Lee Blank  - CEO, Summit Carbon Solutions: “It'll always be a bit litigious around the project, so I think the landscape is just going to be one of flux that we'll have to continue to deal with. We don't anticipate it affecting the results, the end result of the project, we don't see anything on the legal landscape that would do that. But we do anticipate challenges. We think that will happen.”

For Market to Market, I’m David Miller. 

contact: miller@iowapbs.org