IUB Board approves Summit permit

The Iowa Utilities Board has made a decision regarding Summit Carbon Solutions request for a permit to build a carbon pipeline across the state.
The IUB issued an electronic ruling on June 25. The permit was approved, with requested modifications.
Local reaction to the IUB decision can be found on page 4A.
On Jan. 28, 2022, Summit Carbon Solutions, LLC (Summit Carbon), filed its petition, as revised, to construct, operate, and maintain approximately 688.01 miles of hazardous liquid pipeline through 29 Iowa counties. The hearing regarding Summit Carbon’s petition occurred in Fort Dodge, beginning on Aug. 22 and concluding on Nov. 8, 2023.
During the hearing, the Board admitted tens of thousands of pages of testimony and exhibits, heard testimony from more than 200 witnesses, and admitted approximately 4,180 comments, objections, and letters of support filed in the docket, including approximately 600 comments filed after the deadline set by Iowa law.
After weighing numerous factors for and against Summit Carbon’s petition, the Board found that the service to be provided by Summit Carbon will promote the public convenience and necessity. The Board found Summit Carbon could be vested with the right of eminent domain and, based upon this finding, the Board examined each of the 859 outstanding parcels subject to a request for eminent domain to determine, based upon the record, whether to approve, deny, or modify each request.
 Additionally, as part of the order, Summit Carbon will be required to submit numerous revised exhibits as compliance filings for the Board’s review, prior to the board issuing the permit or Summit Carbon commencing construction. Several conditions will be attached to the permit as well, including but not limited to requiring Summit Carbon to obtain and maintain at least a $100 million insurance policy, comply with certain construction methods, and ensure landowners and tenants are compensated for damages that may result from the construction of Summit Carbon’s hazardous liquid pipeline.
Included with the order, Board Chair Erik Helland issued a concurrence in part and dissent in part in which he agreed with all of the findings and conclusions except for a condition that prohibits Summit Carbon from beginning construction until it has obtained agency-level approval for a route and sequestration site in North Dakota and a route in South Dakota.
Board Chair Helland stated he would not have placed this condition on the permit as it gives away the Board’s authority to another jurisdiction, contrary to the duties assigned to the Board by the Iowa Legislature.
Board Member Joshua Byrnes issued a concurrence in part and dissent in part in which he agreed with all of the findings and conclusions except for the approval of the lateral between the Quad County Corn Processors, Inc., a facility in Ida County, and the Green Plains Shenandoah facility in Fremont County. Byrnes stated he does not find that portion of the route to be just and proper after weighing the information. The concurrences in part and dissents in part do not impact the findings and conclusions of the order as all three Board members find the proposed service provided by Summit Carbon is in the public convenience and necessity and vest Summit Carbon with the right of eminent domain.
Emma Schmit, Pipeline Fighters Director at Bold Alliance stated Iowans have successfully delayed this unwanted project from an out-of-touch, multibillion-dollar company for years.
“They have endured through petty lawsuits, acts of intimidation, and the corruption of democracy – the Board’s unjust decision can hardly shake their resolve to stop this crooked scheme. The unconstitutional use of eminent domain to seize private land for the profit of a few C-suite executives will not go unchallenged. We will continue to stand strong and fight against this egregious overreach,” commented Schmit.
Sierra Club Iowa Chapter’s Jess Mazour said the IUB ruled against Iowans, landowners, our environment and our communities. 
“The IUB ignored critical arguments and sided with Summit in nearly every instance. This is far from over. We will appeal this decision and make our arguments in front of a fair decision maker. The fact that they released this decision while a large section of the proposed route is under water and families are dealing with losing their homes, and now their farms, is cold-hearted,” Manzour said.