Story and Shelby Counties challenge federal limits on local pipeline safety authority
The Des Moines Register reports that two Iowa counties are asking the U.S. Supreme Court to decide whether local governments have the right to establish safety setbacks for hazardous liquid pipelines like Summit Carbon Solutions’ $9 billion carbon capture project.
Attorneys for Story and Shelby Counties filed a petition on Oct. 3, arguing that the Eighth Circuit Court of Appeals wrongly blocked their ordinances requiring Summit to maintain minimum distances from homes, schools, churches, and cities. The counties say the ruling strips local governments of power to protect their residents and properties.
Background of the Dispute
The counties adopted local setback ordinances in response to residents’ concerns about safety, land use, and property values.
Summit challenged the laws, claiming they were preempted by the federal Pipeline Safety Act, which gives safety oversight to the federal government. A federal district court sided with Summit, and the Eighth Circuit upheld that decision in June.
The Legal Question
At the heart of the counties’ Supreme Court petition is whether pipeline routing and location decisions—not safety design or operations—fall under local control.
The counties argue the Eighth Circuit’s interpretation conflicts with rulings from other circuits, creating what they call a “regulatory vacuum in which no government can control where pipelines can go.”
Their Washington, D.C. legal team says other appellate courts (the Fourth and Fifth Circuits) have allowed state and local routing regulations, even when safety is one factor. The Eighth Circuit, however, focused on whether the motivation behind the ordinances was safety, not their effect, and ruled they were federally preempted.
Dissent and Broader Implications
Judge Jane Kelly, in a partial dissent, criticized the majority’s approach, noting that local zoning decisions are always driven by mixed concerns—economic, environmental, and safety-related. She argued that setback ordinances regulating where pipelines may be placed should not be treated as federal safety standards.
The counties warn that unless the Supreme Court intervenes, the Eighth Circuit’s ruling will leave states and counties powerless to influence pipeline routes — even as carbon capture projects expand rapidly across the Midwest.
The Supreme Court will decide later this year whether to hear the case.
How Carbon Capture and Storage (CCS) Works
Carbon Capture and Storage (CCS) is a process designed to reduce CO₂ emissions from industrial sources like ethanol and power plants. It involves three main steps:
- Capture: CO₂ is separated from other gases during production or combustion.
- Transport: The liquefied CO₂ is moved through high-pressure pipelines, often hundreds of miles long.
- Storage: The gas is injected deep underground into geologic formations, where it is intended to remain permanently trapped.
Proponents say CCS is vital for reaching net-zero emission goals and keeping ethanol competitive in a low-carbon economy.
Critics warn of safety risks, potential leaks or ruptures, and the danger of entrenching fossil and ethanol dependence instead of investing in cleaner, more sustainable solutions.
