Those of us fighting for eminent domain reform have focused on the clear violations of the U.S. and state Constitutions by the Iowa Utilities Commission on behalf of Summit Carbon Solutions. Unless checked by Governor Reynolds’ signature on HF 639, the government will force this private, for-profit project across the land of non-consenting landowners. We have zeroed in on the unconstitutional demands Summit is making on people – with the blessing of the Iowa Utilities Commission. But just this past week, a federal court put the issue of safety front and center.
Carbon dioxide pipelines inherently bring very large risks by transporting a cryogenic gas in a supercritical state. We don’t have to imagine “what if” a pipeline ruptures – because we know. People in Mississippi nearly died from two leaks of a smaller pipeline than what is proposed in Iowa. These leaks hospitalized almost fifty people; they were sick before they even knew what hit them.
Last year, another poisonous CO2 gas leak occurred in Louisiana. There were no alarms and no warnings that more than a hundred thousand gallons of the odorless, invisible gas were coming. The gas, being heavier than air, displaces oxygen. These are facts. Not conjecture, not “the sky is falling” – facts.
It is a miracle no one died.
Some county supervisors in Iowa took notice of these dangers and the future negative economic impact preparing for such a disaster would entail. These county leaders passed simple safeguards under the “local control” granted specifically to county leadership – things like setbacks and limitations on carbon dioxide routes to avoid towns, homes, schools, and farms.
True to form, Summit sued Shelby and Story Counties. The company didn’t argue that the poisonous gas was safe – because they can’t. Rather, they argued that the counties’ ordinances were preempted by federal law. Last week, in a two-to-one ruling, the 8th Circuit Court of Appeals agreed with Summit. This ruling substantially raises the stakes for Iowans, especially when one considers there are NO federal or state guidelines or rules on how close this pipeline can be routed to people.
In its overreach, the Iowa Utilities Commission claimed that this pipeline is necessary for some hypothetical economic reason, and opponents of HF 639 still claim it would cause economic damage, “crippling” the state. This conditional permit by the IUC and the critics of HF 639 are missing the massive economic damages the state will face when a leak happens here, let alone the very real potential for loss of life. That’s right, when.
At a hearing in North Dakota, Summit responded to safety concerns dismissively, citing the safety of existing CO2 pipelines. So, we looked at the safety of current CO2 pipelines in the US. Based on this data, we can expect 2-6 leaks annually on phase 1 of Summit’s proposed pipeline alone. Concerns about the safety of this pipeline are not overblown – if the safety of existing CO2 pipelines tracks in Iowa, we can expect multiple unintentional releases of this poisonous, colorless, odorless gas every year.
Fortunately, the Iowa Constitution gives us the way forward. The Constitution and laws limit the government’s use of eminent domain regardless of federal law. HF 639 is the one option available to protect the property rights – and the very lives – of Iowa residents.
The Constitution is clear, and I am passionately committed to defending it and our people. Governor Reynolds should take this opportunity to protect the safety of our citizens, the financial future of our landowners, and the physical well-being of every Iowan and sign HF 639 into law.
