A federal appeals court has ruled carbon pipeline restrictions in Shelby and Story Counties are preempted by federal regulations and state law.
Shelby and Story County officials adopted ordinances to establish safety standards as well as prohibited zones around places like homes and schools where the pipeline would be barred. The federal appeals court ruled the ordinances would prohibit Summit Carbon Solutions from running its pipeline through areas where it has a state permit to build.
A spokesperson for Summit said the ruling “confirms federal regulation of pipeline safety and the Iowa Utilities Commission’s authority over route and permit decisions in Iowa.” A group that represents property owners opposed to the pipeline said the ruling “strips away common sense protections.”
Shelby and Story County officials could appeal the decision to the U.S. Supreme Court. Summit sued four other counties with similar ordinances and those were placed on hold as the company’s lawsuit against Shelby and Story Counties has moved through the courts.