Board approves $1,000 contribution to ISAC amicus brief in pipeline setback case, citing home-rule concerns

The Black Hawk County Board of Supervisors voted on Nov. 4 to contribute $1,000 to the Iowa State Association of Counties (ISAC) to support an amicus brief in litigation over county setback ordinances and pipelines.

County counsel and other speakers summarized a recent Eighth Circuit appellate decision that, by a 2–1 margin, held that certain county setback ordinances were preempted under the federal Pipeline Safety Act and therefore void. The presenters said the question on appeal centers on whether setback requirements are traditional local zoning measures or safety regulations preempted by federal pipeline oversight.

An attorney who addressed the board explained that ISAC had located a law firm experienced with Supreme Court filings and that the firm agreed to cap fees at $25,000; ISAC requested minimum county contributions of $500 to assemble the fund. Several supervisors argued the legal question has statewide implications for home rule and local safety authority and favored contributing $1,000 to strengthen the chance the Supreme Court will accept review.

Supervisor discussion noted a circuit split — other circuits have previously upheld local setback requirements — which increases the possibility the U.S. Supreme Court would grant certiorari to resolve conflicting precedent. Supporters said the question goes to the scope of county zoning authority under Chapter 331 and the potential reach of federal preemption.

After debate, Supervisor (speaker 2) moved to contribute $1,000 to ISAC for preparation and filing of an amicus brief; the motion was seconded and approved by roll call, with supervisors recorded as voting yes. The board’s contribution will be part of ISAC’s effort to fund a petition and amicus work; the transcript does not specify how many other counties have committed funds.