Summit Carbon Solutions Buys Easements, Faces Legal Challenges in Iowa

Summit Carbon Solutions has bought land easement agreements from Navigator CO2, a former competitor, to speed up its carbon pipeline construction. Navigator had previously attempted a similar project but backed out in October 2023. By purchasing Navigator’s agreements, Summit can expand its coverage area without negotiating new deals.

Summit received approval for its pipeline project in June from the Iowa Utilities Commission, which granted the power of eminent domain. This allows Summit to force landowners into easement agreements if they are unwilling.

The project involves building pipelines in Iowa, Nebraska, Minnesota, South Dakota, and North Dakota to transport captured carbon dioxide from ethanol plants to underground reservoirs in North Dakota. Navigator’s project did not include North Dakota.

Challenges Ahead for Summit

Iowa is the only state to approve Summit’s project so far. Before construction begins, Summit faces several challenges. The Iowa Utilities Commission requires the company to refile certain documents, and Summit is involved in lawsuits against Iowa counties trying to restrict pipeline placement.

Summit also needs approval from South Dakota and North Dakota for pipelines in Iowa. Additionally, Summit must hold public informational meetings before making new easement agreements. The company has scheduled 23 meetings across different counties in August and September.

The Iowa chapter of the Sierra Club opposes Summit’s pipeline efforts, working with landowners to block the project. The group urges the public to speak out against the pipeline, emphasizing the dangers it poses to land and communities.

Summit may also face legislative challenges. Illinois lawmakers imposed a two-year moratorium on new carbon pipelines when Navigator attempted to connect pipelines from Iowa to Illinois. In Iowa, the House has passed bills to regulate eminent domain for such projects, but none have passed in the Senate.

Iowa Governor Kim Reynolds supports carbon capture for its potential benefits to the agriculture industry, as long as it respects landowner rights. U.S. Rep. Mariannette Miller-Meeks praised pipelines as beneficial to the ethanol industry but avoided taking a stance on eminent domain, calling it a state issue.

Summit spokesperson Sabrina Zenor clarified that not all of Navigator’s agreements align with Summit’s route. Some agreements have already been purchased, but the total number and timeline remain uncertain. Landowners affected by these purchases have been notified by mail.

With the Iowa Utilities Commission upholding Summit’s permit approval, further lawsuits from landowners, environmental groups, or Iowa counties are likely.

 

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