Justia Utilities Law Opinion Summaries

Summit Carbon Solutions, LLC plans to build an interstate pipeline through Iowa, passing through Shelby and Story Counties. Both counties enacted ordinances imposing various requirements on pipelines, including setback, emergency response plan, and local permit requirements. Summit challenged these ordinances, arguing they were preempted by the federal Pipeline Safety Act (PSA) and Iowa law. The district court granted summary judgment in favor of Summit, permanently enjoining the enforcement of the ordinances.The United States District Court for the Southern District of Iowa reviewed the case and ruled in favor of Summit, finding that the PSA and Iowa law preempted the counties' ordinances. The court issued a permanent injunction against the enforcement of the ordinances. The counties appealed the decision.The United States Court of Appeals for the Eighth Circuit reviewed the case de novo. The court held that the PSA preempts the Shelby and Story County ordinances' setback, emergency response, and abandonment provisions. The court found that the ordinances were safety standards, which are preempted by the PSA. Additionally, the court held that the ordinances were inconsistent with Iowa law, as they imposed additional requirements that could prohibit pipeline construction even if the Iowa Utilities Commission (IUC) had granted a permit. The court affirmed the district court's judgment in both cases but vacated and remanded the judgment in the Story County case to the extent it addressed a repealed ordinance. View "Couser v. Shelby County" on Justia Law