Letters: Celebratory high-fives are premature for Summit Carbon Solutions
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To the editor:
Landowners targeted for eminent domain by Summit Carbon Solutions won several substantial victories in recent weeks, but the fight is far from over. Our celebratory high-fives must wait. Summit is wounded but remains a very real threat to the private property rights of thousands across Iowa, Minnesota, Nebraska, North Dakota and South Dakota.
Three companies have proposed CO2 pipelines in Iowa: Summit, Navigator and Wolf. Navigator cancelled its project last month after permits were denied in South Dakota and Illinois following fierce opposition from impacted landowners and concerned citizens. The Illinois Commerce Commission has recommended the Wolf permit be denied, and the company has not yet obtained a permit in Iowa.
Summit has also suffered significant blows from regulatory agencies in multiple states. In North Dakota, the company’s initial application was denied by the Public Service Commission (PSC), and Oliver County denied its injection well permit. A foreign advisory law investigation WAS requested, BUT DENIED, to gain information about Summit’s possible connections to foreign investors. However, the company was granted reconsideration by the PSC and plans to reapply with a revised route farther north of Bismarck.
The South Dakota Public Utilities Commission (PUC) upheld county ordinances requiring greater setbacks than the company proposed and denied Summit’s permit. Summit plans to reapply and has moved senior staff into five key counties to live in cities such as Aberdeen and Sioux Falls so they can work with the people to find acceptable alternate routes.
Because of the permit denials in the Dakotas, Summit’s grandiose plan is a pipeline to nowhere. In the face of pushback from the public and rejection by state regulatory agencies, the company’s CEO Bruce Rastetter was forced to announce that the launch of its planned CO2 pipeline project has been delayed two years. It was initially planned to be operational in 2024 but is now proposed to begin working in 2026, if approved.
Two weeks ago, the Iowa Utilities Board concluded its eight-week evidentiary hearing on Summit’s permit application. Summit executives and expert witnesses presented their case for the pipeline. This was followed by intense cross-examination from landowners’ attorneys and other parties. A motion by landowner attorney, Brian Jorde, to dismiss the case because Summit failed to meet the burden of proof was denied.
This was followed by weeks of testimony from hundreds of Iowans with land targeted for condemnation by eminent domain. Their stories were gripping, and some moved grown men to tears. Landowners talked about permanent land damage, decreased crop yields, disruption to farming operations, abandonment of planned building projects, and defilement of Century Farms. Many were distressed by narrow setbacks putting the hazardous pipeline too close to homes, neighbors and wells.
Sons and daughters of elderly landowners told heartbreaking stories of the mental distress their parents suffered from the badgering of Summit’s agents. Veterans were grief-stricken and moved to tears because the country they fought for is not protecting them from the unconstitutional taking of their land. A witness who fled communist China when the government confiscated her family’s property sees the same thing happening to her farm in America. Videos of landowner testimonies can be viewed on Bold Nebraska’s YouTube postings.
A motion to allow time for citizen comments was denied. Neighboring landowners and tenants impacted by the pipeline, as well as concerned citizens, were not allowed to speak. The board ruled to allow written comments and objections from those parties to become part of the official record.
Even though the hearing is finished, it will be months before a decision is forthcoming. The IUB must study thousands of pages of records, transcripts, legal briefs and other documentation. There is no set date for the board to issue an order. It could deny the permit or approve it with conditions. Even if the permit is approved, it will be appealed and tied up in court – possibly for years.
Meanwhile, many other roadblocks stand in Summit’s path. It must obtain water permits from the DNR for hundreds of millions of gallons of water needed every year from local water sources. The company must also obtain permits for wastewater disposal, air quality, road crossings, conditional use and river crossings. Several counties are working on setback ordinances. When the legislative session resumes in Des Moines, several state legislators plan to push for eminent domain reform.
The IUB hearing on Summit’s permit has ended, but the fight is far from over. From the Statehouse to county courthouses, impacted landowners and concerned Iowans will continue to rally against Summit’s unconstitutional land grab and its dangerous CO2 pipeline. Celebratory high-fives are premature for Summit Carbon Solutions.
Bonnie Ewoldt,
Milford resident and Crawford County landowner
