Board hears update: Fifth Circuit remands CO2 pipeline matter back to Iowa Utilities Commission
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Summary
County counsel and supervisors reported that the Fifth Circuit remanded a CO2 pipeline matter back to the Iowa Utilities Commission; the county asked the commission to amend or enlarge its prior order to address conditions tied to South Dakota limitations on eminent domain for CO2 pipelines.
Speaker 1 updated supervisors on ongoing legal activity involving interstate CO2 pipeline review. The speaker said the Fifth Circuit Court remanded the matter to the Iowa Utilities Commission rather than completing judicial review and that county counsel Allers and Cooney filed a motion to amend or enlarge the IUC order issued on the nineteenth to reflect the Fifth Circuit’s guidance.
According to Speaker 1, the county’s position is that South Dakota’s actions prohibit use of eminent domain for CO2 pipelines; the pipeline proponent can still file in South Dakota and pursue processes there but cannot obtain eminent domain authority in South Dakota. The speaker told supervisors all related filings are available on the Iowa Utilities Commission website.
No formal county action was reported at the meeting; the report was informational and supervisors did not vote on further legal measures during the session.