Judges on a federal appeals court in Omaha today quizzed an attorney representing two Iowa counties and the attorney for Summit Carbon Solutions, which is asking the court to nullify pipeline zoning ordinances.
An attorney for Shelby and Story Counties argued federal law gives the U.S. Transportation Secretary jurisdiction over safety standards, but he said states and counties have jurisdiction over the location and routing guidelines for hazardous liquid pipelines. One judge asked about references to safety in Shelby County’s ordinance. The attorney replied that a “safety standard” is different from a “safety concern.”
A judge on the panel said it appeared to her there’s “some daylight” between a safety standard and a safety concern.
The attorney for the pipeline company argued setback zones around homes, hospitals and schools in Shelby and Story County are “clearly safety standards.” Summit’s attorney also noted the ordinances were filed “over a year” after the company applied for a state construction permit. He said if the federal appeals court upholds the ordinances, counties will be able to keep changing the rules for the pipeline route. A
As for Story County’s rewritten ordinance, saying it was for the protection of economic development, Summit’s attorney said it’s “implausible” to argue there could be economic development activity in the 1300 feet around a farmhouse in rural Story County. When a judge on the panel suggested farming is economic development, Summit’s attorney said: “You can farm over the top of the buried pipeline.”
As the attorney for Shelby and Story Counties argued against the idea the Iowa Utilities Commission has sole authority on approving the pipeline route, one of the judges referred to a recent court opinion. “My goodness,” he said. “I think the Iowa Supreme Court settles that against you.”