Republican lawmakers call Summit pipeline approval an ‘attack on the constitution’

Republican lawmakers opposing the Summit Carbon Solutions pipeline said the Iowa Utilities Commission’s approval of the project was an attack on “God-given” Fifth Amendment rights. 

The remarks came from a group of nearly 40 lawmakers who filed a state and a federal lawsuit against the commission for granting eminent domain rights to Summit Carbon for its proposed carbon sequestration pipeline. 

“This is a serious erosion of private property rights that we enjoy as Americans and Iowans under the Constitution,” Sen. Sandy Salmon said in a Wednesday press conference in Charles City. 

The lawsuits come from the Republican Legislative Intervenors for Justice. 

The group formed in opposition to the pipeline and has advocated against its potential for eminent domain since the Iowa Utilities Commission hearings for the project. 

“We could not be more disappointed that the Iowa Utilities Commission, despite what we believe to be overwhelmingly compelling evidence to the contrary, approved the eminent domain authority,” Salmon said. 

The lawsuits, filed in Floyd County and the U.S. District Court for the Northern District of Iowa, argue the commission’s decision had errors in following due process, determining insurance requirements and applying the laws of eminent domain. 

Eminent domain can be granted in Iowa when it is “rationally related to a conceivable public purpose,” according to the Iowa Utilities Commision.

The lawsuit argues that the commission did not sufficiently analyze reasons like the existence of a federal tax incentive and a “controversial” theory of climate change, to consider them grounds for eminent domain. 

Further, it holds that “precise risks associated with the proposed project have not been disclosed” and those who would be affected have not received sufficient notice. 

The lawsuit, and lawmakers gathered at the press conference allege the project is not for public gain, but for the benefit of the private company. 

“This is a group of investors using eminent domain to seize people’s property for tax credits,” said Rep. Charley Thomson, who leads the group of 36 lawmakers.  

Thomson said the Republican group plans to push for legislative action against pipelines in the state and the functions of the Iowa Utilities Commission. 

Similar efforts in the past have not been picked up in the Senate.

Summit Carbon Solutions cannot begin construction in Iowa until the project is approved by regulators in the Dakotas, per conditions set by the Iowa Utilities Commission. 

“Summit Carbon Solutions is confident in the Iowa Utilities Commission’s thorough review process,” the company said in an email statement. 

“This pipeline will help grow markets and support the long-term viability of our farmers and rural communities, contributing to economic growth and American energy independence.”

The lawsuit urges the commission to withdraw its decision and reconsider.

“The purpose of government is not to promote different parts of the economy,” Sen. Dennis Guth said. “The purpose of government is to protect those God-given rights.” 

The Iowa Utilities Commission declined to comment on the pending litigation.