Supervisors, county attorney discuss how best to oppose Summit’s proposed CO2 pipeline

Summit hosting required public info meeting Aug. 28, 12 pm, Clover Hall, Jefferson

The Greene County supervisors expect to consider at their next meeting a resolution in opposition to the carbon dioxide pipeline proposed by Summit Carbon Solutions to run southwest between the ethanol plants in Grand Junction and Coon Rapids.

County attorney Thomas Laehn had earlier agreed to draft an objection to the project for the supervisors to file with the Iowa Utilities Commission (IUC), as he did when Summit proposed Phase 1 of pipeline. He said that since then, many counties have passed resolutions rather than sending letters. He advised Greene County to follow the same course as other counties to give the opposition as a whole “more gravity.”

He will have a draft resolution for the supervisors at their Sept. 3 meeting.

Kim Bendickson read to the supervisors her letter to the editor that was published last week. The letter expressed concerns of safety, land values, and water usage.

Speaking to the supervisors, she reminded them that their job is to uphold the federal Constitution, including Amendment 5, which prohibits the taking of land for public use without just compensation.

Brad Bendickson said the pipeline would affect him and his heirs. He asked the supervisors to gain the knowledge they need to make a wise decision to benefit the populace in the county.

Laehn said he agrees that using eminent domain for the project would be unconstitutional. That was included in the supervisors’ objection to the IUC regarding Phase 1. He said he will repeat that claim, as well as concerns about safety and the amount of groundwater needed, in a letter of objection to Phase 2.

He went on to say that the IUB approved Phase 1. “The three members (of the IUC) were hand-picked by the governor, who’s in cahoots with the owners that are going to make billions on this. I’m afraid that we can object, but they’ll ignore our objection like they did the first time. But I still think it’s commendable to object and make our desires known.”

He advised the supervisors to move cautiously in adopting an ordinance regarding pipelines, and to listen carefully to what other counties are doing.

He said the state legislature has the power to stop the construction of CO2 pipelines in the state. “I’d advise those that want to stop Phase 2 to talk to their legislators. They could very easily change the statute to limit when eminent domain can be used,” he said.

Current law states eminent domain can be used when “it’s consistent with the necessity and the convenience of the public,” Laehn said. “You can really narrow that use. The legislature could do that. The latest polling shows that 78 percent of Iowans are against this project. The legislators can stop this. I don’t think boards of supervisors can stop it. They can put limits and conditions on it, but they can’t stop it. The legislature can, without a question.”

Chris Henning, an affected landowner opposed to the project, asked the supervisors and others to attend the public informational meeting held by Summit Carbon Solutions and “ask as many questions and object as much as possible.” The meeting is scheduled for Aug. 28 at 12 pm at Clover Hall on the Greene County fairgrounds in Jefferson.

Board chair John Muir told Henning that the more they hear about the project, the more they know it affects everybody, not just those who own property on the proposed route.

“I am heartened and thank the people in this room, with the county, who are paying attention, who are looking and talking to other counties who are also trying to figure out a way to stop this thing,” Henning said.

Bill Raney, another affected landowner, said he appreciates the supervisors’ efforts “to slow this thing down and ask questions.”

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