The Muscatine County Board on Nov. 10 discussed a request from the Iowa State Association of Counties (ISAC) to support an amicus brief about whether federal and state pipeline siting law preempts local land-use ordinances.
County development director Eric Furnace summarized recent litigation involving Shelby County and Summit Pipeline and said counties may want to push back against what staff described as a potential erosion of local control. "I really think that there are some potential future ramifications that we may want to again... put a line in the ground here that, hey. Not every county is the same," Furnace said.
ISAC estimated the amicus brief would cost about $25,000 to prepare; the association asked for county contributions. Board members debated options including a simple letter of support, a $250–$500 contribution, or waiting until the U.S. Supreme Court grants certiorari. Supervisors voted to send a letter of support immediately and to conditionally contribute $500 if certiorari is granted; the motion directed county staff to monitor the Supreme Court daily orders list and to remit payment if the case is accepted.
Supervisor (Speaker 3) moved the conditional contribution and monitoring direction; Supervisor (Speaker 4) seconded. Chair recorded a voice vote in favor. The board did not commit funds if certiorari is not granted by ISAC’s stated deadline but instructed staff to notify the board and proceed if certiorari is granted.