The 8th Circuit Court of appeals is weighing whether setbacks for carbon dioxide pipelines in two Iowa counties are allowed.
Summit Carbon Solutions argues the safety standards for pipelines that carry hazardous materials are regulated by the federal government.
During oral arguments on Wednesday, Summit lawyer Ryan Koopmans said the Iowa county ordinances regulating location and routing of a pipeline are preempted by federal safety standards.
“But, at the very least, there has to be some objective reason about why you would do this other than safety," Koopmans said. "Again, a 1,000 ft. setback from a farmhouse in the middle of a rural county, there is no other reason other than safety.”
Lawyers for the two Iowa Counties say safety standards are different than county ordinances for safety concerns.
Jason Craig argued on behalf of the counties. He said safety standards are for design and construction of a pipeline—thickness, depth and how its welded. Craig says setbacks are different.
“The statute is clear that routing and location of pipelines is a separate field from those types of safety standards. States and local authorities have authority to regulate location and routing,” Craig said.
The court will issue a ruling at a later date.
Summit’s pipeline permit was rejected last year for violating setback ordinances in four South Dakota counties.
Summit Carbon Solutions recently reapplied for its South Dakota permits. In its application letter, the company admits their new proposed route is not fully compliant with existing ordinances presently enacted in several counties.
Summit already has permits in Iowa and North Dakota. A decision is still pending in Minnesota.
