Nancy Dugan lives in Altoona, Iowa. Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Commission dockets in opposition to the CO2 pipeline. She has neither sought nor received funding for her work.

Late on Friday afternoon, August 23, the Iowa Utilities Commission posted a Motion to Declare the Acquisition of Certain Land Interests Noncompliant by the Bremer County Board of Supervisors. The motion was filed into Summit Carbon Solutions docket number 2024-0001 (SCS Carbon Transport LLC; Petition for Hazardous Liquid Pipeline Permit, POET – Fairbank and Shell Rock, IAL-501, IAT-401).

The motion centers on Summit Carbon’s announcement earlier this month that it had purchased land easement agreements from Navigator Heartland Greenway, LLC. According to the motion, “In 2021, Navigator Heartland Greenway (“Navigator”) proposed to route a similar carbon dioxide pipeline along a similar route in Bremer County.”

Navigator subsequently announced that it had canceled its multistate pipeline project in October 2023. An October 20, 2023, Iowa Capital Dispatch article reported that in response to Navigator’s announcement, Summit Carbon stated that it “welcomes and is well-positioned to add additional plants and communities to our project footprint.”

Bremer County’s motion included three exhibits.

Nancy Dugan lives in Altoona, Iowa. Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Board (since renamed Iowa Utilities Commission) dockets in opposition to the CO2 pipeline. She has neither sought nor received funding for her work. This is an opinion piece.

During a February 7 interview, North Dakota radio host Scott Hennen asked Bruce Rastetter to answer the following question posed by a listener: Can the carbon in CO2 be separated and just store the carbon?

A portion of Rastetter’s answer is transcribed below (emphasis added):

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past twelve years.

Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Board dockets in opposition to the CO2 pipeline. She has neither sought nor received funding for her work.

Welspun Tubular LLC, a U.S. subsidiary of Mumbai-based pipe manufacturer Welspun Corp. Ltd., filed suit on April 15 against SCS Carbon Transport LLC (doing business as Summit Carbon Solutions) in Delaware Superior Court.

The Pipeline Fighters Hub was first to report on the lawsuit on April 17. Jared Strong covered the story for Iowa Capital Dispatch the next day.

The complaint reads as follows:

Autumn View from Fire Point at Effigy mounds National Monument, photo by National Park Service

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past twelve years.

Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Board dockets in opposition to the pipeline. Her most recent objections can be found here and here. She has neither sought nor received funding for her work.

In September 2023, Bleeding Heartland posted estimates of proposed water use for thirteen partner ethanol plants along the Summit Carbon pipeline. The estimates were based on the testimony of James “Jimmy” Powell, chief operating officer for Summit, and they included the Absolute Energy St. Ansgar facility, which Summit Carbon announced had been added to the route in June 2023.

But much has changed since that story was published. The number of ethanol plants now on the proposed Iowa route has risen to 30 with the inclusion of the POET and Valero facilities.

Sample hog from which N. K. Fairbank & Co’s lard is made, via the Boston Public Library and Wikimedia Commons

The Song of King Corn, by C. A. Murch (Verses 1 and 5)

The dews of heaven,
The rains that fall,
The fatness of earth,
I claim them all.
O’er mountain and plain
My praises ring,
O’er ocean and land
I am King! I am King!

Would you dethrone me?
Not so, not so.
Still the golden tide
Shall swell and flow;
The earth yield riches,
The toilers sing,
In the golden land
Where Corn is King.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Board dockets in opposition to the pipeline. Her most recent objections can be found here and here. She has neither sought nor received funding for her work.

On March 11, Kaylee Langrell, stakeholder relations manager for TurnKey Logistics, and Grant Terry, senior project manager for Summit Carbon Solutions, appeared before the Worth County Board of Supervisors to explain the newly expanded pipeline route incorporating POET and Valero ethanol plants in Iowa. Forty-six minutes into the meeting, Langrell stated the following:

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

North Dakota Governor Doug Burgum announced in July 2022 that the Cavalier County Job Development Authority (CCJDA) had “executed binding agreements for international data center developer Bitzero Blockchain Inc. to acquire and redevelop the historic Stanley R. Mickelsen Safeguard Complex at Nekoma, N.D., commonly known as ‘The Pyramid.’”

According to the governor’s press release:

Bitzero plans to develop the abandoned Cold War-era military installation into a highly secure data center for high-performance computing and data processing. Waste heat captured from the data center’s servers will be used to heat an on-site greenhouse, and the company also is planning an interpretive center and additional community engagement at the site, representing a total expected investment estimated by Bitzero at $500 million.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

A Gevo official confirmed on February 2 that the company expects to use 300 million gallons of water per year, or 700 gallons per minute, at its planned Lake Preston, South Dakota Net-Zero 1 (NZ1) plant and an adjacent green hydrogen facility known as the Dakota Renewable Hydrogen (DRH) Project.

When asked if the water use estimate provided was for the NZ1 plant, the DRH plant, or both, Heather Manuel, vice president of corporate communications for Gevo, replied, “Both – we have an agreement with Kingbrook Rural Water for our water supply and do not require a permit.”

On February 6, 2023, Summit Carbon Solutions announced its partnership with Colorado-based Gevo, although that arrangement is not yet reflected on the South Dakota pipeline route. Sabrina Zenor, director of stakeholder engagement and corporate communications for Summit, stated on January 25 that Gevo would be added to the proposed CO2 pipeline route when the company resubmits its application to the South Dakota Public Utilities Commission. The commission denied Summit’s initial application last September.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

North Dakota officials were pulling no punches during an informational session held in Bismarck last month, highlighting the importance of the Summit Carbon pipeline to both the sustainable aviation fuel market and enhanced oil recovery efforts in the Bakken.

During a December 20, 2023, BEK TV special report that broadcast a Friends of Ag and Energy public information session on the Summit Carbon pipeline, held at Bismarck State College’s National Energy Center of Excellence, Governor Doug Burgum said, “Sustainable aviation fuel, if you want to call it the Saudi Arabia of sustainable aviation fuel, it’s going to happen somewhere between North Dakota and Iowa and in between, the corn belt.”

Kathleen Neset, a geologist and owner of Neset Consulting Service Inc. who moderated the panel, spoke after Burgum, stating the following at the outset:

Continental Resources executive chairman Harold Hamm, center right, is surrounded by Summit representatives during a December 21, 2023 hearing of the North Dakota Public Service Commission. From left to right are Summit Carbon’s general counsel Jess Vilsack; Summit Carbon CEO Lee Blank; Summit Carbon COO James “Jimmy” Powell (seated in the row behind the others); North Dakota Petroleum Council president Ron Ness; Hamm; and Summit Agricultural Group CEO Justin Kirchhoff. (Photo by Kyle Martin, published with permission)

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

While billionaire wildcatter and Summit Carbon Solutions investor Harold Hamm appears to be hedging his bets, Bruce Rastetter, founder of Summit Agricultural Group, which launched the CO2 pipeline project, announced his support for Donald Trump during a Bloomberg News roundtable on January 13 in Des Moines. A Summit Agricultural Group news release also announced the endorsement, which came just two days before Trump’s decisive caucus victory in Iowa.

Meanwhile, Trump lambasted former presidential candidate Vivek Ramaswamy, a vocal opponent of using eminent domain to build the Summit Carbon pipeline, in a January 13 post on his Truth Social platform. Trump declared Ramaswamy “not MAGA” and accused him of using “deceitful campaign tricks.” It was the first time the front-runner publicly criticized Ramaswamy, who ended his campaign and endorsed Trump immediately following the Iowa caucuses on January 15.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

A labyrinth of limited liability companies own numerous animal feeding operations in Clarke County that continue to rely on the city of Osceola’s depleted water supply, even as city residents face restrictions since the Osceola Water Works Board of Trustees declared a water emergency on October 5.

A search of the Iowa Department of Natural Resources’ (DNR) animal feeding operation website identifies 27 animal feeding operations in Clarke County. The chart below identifies these facilities, the majority of which appear to house hogs in enclosed structures commonly known as confined animal feeding operations, or CAFOs.

SK Group logo in Kerala, India, in October 2023. Image by Jidev jidu photography, available via Shutterstock

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

On November 28, SK Growth Opportunities Corp., a Cayman Islands exempted blank check company formed in December 2021, filed a Schedule 14A Proxy Statement notifying the Securities and Exchange Commission (SEC) of an upcoming “extraordinary general meeting” of shareholders, with the express purpose of extending a looming December 28, 2023, deadline to consummate a business combination. The meeting is slated to take place December 22.

According to SK Growth’s initial May 23, 2022, Form S-1 Registration Statement under the Securities Act of 1933, the anchor investor in its sponsor, Auxo Capital Managers, LLC, is a wholly owned subsidiary of South Korean chaebol SK Group. A chart depicting SK Growth’s organizational structure is listed below:

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

Dr. Mark Z. Jacobson is a Professor of Civil and Environmental Engineering and also serves as Director of the Atmosphere/Energy program at Stanford University, where he has worked for 30 years. He’s spent decades studying ethanol and carbon capture and has published two books that extensively explore those subjects as part of his broader research work examining clean, renewable energy solutions: 100% Clean, Renewable Energy and Storage for Everything (2020), No Miracles Needed (2023).

Thus, Jacobson’s work places him in the eye of the storm surrounding Summit Carbon Solutions’ plan to capture and carry “9.5 million metric tonnes per annum (MMTPA) of CO2 collected from the 34 ethanol facilities, although the pipeline has the potential to carry more.”

Environmental Science & Technology, a biweekly peer-reviewed scientific journal of the American Chemical Society, published Jacobson’s most recent study on October 26. That study, called Should Transportation Be Transitioned to Ethanol with Carbon Capture and Pipelines or Electricity? A Case Study, was funded in part by the Sierra Club.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past twelve years.

A Polk County District Court has dismissed a legal challenge to a water permit linked to Summit Carbon Solutions’ proposed CO2 pipeline. But the attorney for the petitioners indicated this won’t be the last attempt to derail the permits Summit-linked LLCs will need for carbon capture facilities.

As Bleeding Heartland previously reported, the suit filed by Kimberly Junker, Candice Brandau Larson, and Kathy Carter sought to review the decision by the Iowa Department of Natural Resources (DNR) to issue “a water withdrawal permit pursuant to Iowa Code § 455B.265.”

“Upon review of the Motion and the court file, the court finds and concludes that the Motion is supported by good cause and should be granted for the reasons stated in the Motion,” District Court Judge Jeanie Vaudt wrote in her brief November 7 order.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past twelve years.

Summit Agricultural Group operates at least seventeen wells in Kossuth County alone that have not applied for water use permits through the Iowa Department of Natural Resources’ (DNR) Water Allocation Compliance and Online (WACOP) permitting system, Bleeding Heartland has learned.

The DNR confirmed the lack of permit applications in response to questions prompted by landowner Alan Laubenthal’s October 5 testimony at the Iowa Utilities Board’s evidentiary hearing in Fort Dodge on Summit Carbon Solutions’ proposed CO2 pipeline.

“The department has not received permit applications for these facilities,” DNR outreach and marketing bureau chief Tammie Krausman confirmed in a November 3 email. “It is the applicant’s responsibility to know if they need a permit and apply according to the requirements. The requirement is 25,000 gallons in a 24-hour period. While facilities are capable of pumping more than 25,000 gallons per day, the permit requirement is based on the actual usage of water.”

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

Internal Iowa Utilities Board documents provide little insight into the board’s decision to hire Carolina Dispute Settlement Services and North Carolina attorney Frank Laney to conduct mediation sessions on Summit Carbon Solutions’ CO2 pipeline project.

The records the board provided in response to Bleeding Heartland’s request do reveal, however, that the board hoped for a stronger response to mediation from landowners along Summit Carbon’s proposed path.

According to Iowa Utilities Board general counsel Jon Tack, the board did not enter into a written contract with Carolina Dispute Settlement Services or Laney. “The Iowa Utilities Board does not have a contract with Frank Laney or Carolina Dispute Settlement Services and will ensure any payments do not exceed State of Iowa procurement limitations,” Tack told Bleeding Heartland via email on October 30.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

Three Iowa women who rely on the Devonian aquifer for their water have filed suit in Polk County seeking to vacate a water use permit granted earlier this year, in connection with a CO2 pipeline project.

Kimberly Junker, Candice Brandau Larson, and Kathy Carter are suing the Iowa Department of Natural Resources (DNR), which on May 29 issued a water use permit to Lawler SCS Capture, LLC. The permit allows the LLC to withdraw up to 55.9 million gallons of water per year from the Devonian aquifer, at a maximum rate of 100 gallons per minute.

Formed in 2022, Lawler SCS Capture is one of myriad Delaware-based businesses affiliated with Summit Carbon Solutions, LLC. The well and associated carbon capture facility would be located on land owned by Homeland Energy Solutions, an ethanol plant and Summit Carbon partner in Chickasaw County. Bleeding Heartland was first to report last month that the DNR issued the Lawler permit.

Attorney Wally Taylor is representing the plaintiffs in his personal capacity. (He is also the legal chair of the Sierra Club Iowa chapter, which opposes Summit Carbon’s efforts to build a CO2 pipeline, but Sierra Club is not a party in this lawsuit.) Here’s the full text of the petition filed in Polk County District Court on October 18.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

The Iowa Utilities Board announced on October 4 it was canceling the remainder of its 2023 monthly public board meetings, previously set for October 9, November 7, and December 12. The board’s news release cited a “high volume of docket calls,” as well as “the risk of ex parte communications under Iowa law.” Screenshots of the board’s October and November calendars, captured on the morning of October 17, document the board’s schedule in the coming weeks.

The board may be scrambling, in part, due to vacancies in two attorney positions, one for Utility Attorney 1, posted on October 11, and the other for Utility Attorney 2, posted on October 10. It is not known whether these positions are due to staff attrition or staff expansion. An October 12 email to the board’s general counsel, Jon Tack, inquiring about the vacancies went unanswered.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

During the Iowa Utilities Board’s October 3 evidentiary hearing on Summit Carbon Solutions’ proposed CO2 pipeline, Summit attorney Bret Dublinske asked landowner Craig Woodward, “Are you aware that in Cerro Gordo County, 83 percent of the route has been acquired by voluntary agreement?”

Brian Jorde, an attorney for landowners who oppose the pipeline, quickly objected. “Irrelevant. And there’s no evidence of that in the record.”

“I think it’s absolutely relevant, and it can be calculated from the Exhibit Hs, but I’ll withdraw the question,” Dublinske responded.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

A North Carolina attorney is conducting mediation sessions the Iowa Utilities Board has facilitated between Summit Carbon Solutions and landowners on the company’s proposed CO2 pipeline route, the board’s general counsel confirmed to Bleeding Heartland.

Shortly after becoming Iowa Utilities Board chair on May 1, Erik Helland presided over a June 6 status conference related to Summit Carbon Solutions’ CO2 pipeline project. Foremost on his agenda was the new, experimental idea of offering mediation to landowners and Summit Carbon representatives. Helland explained:

Also included in the May 19 order was a proposal about potentially using mediators to assist voluntary landowners with the easement negotiation process. The Board stated it was exploring this idea and would seek input from the parties at this meeting.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

Last week, North Dakota Attorney General Drew Wrigley denied a request from three counties in the state to investigate Summit Carbon Solutions’ investors. A new statute in North Dakota, which went into effect on August 1, tightens restrictions on foreign ownership of land in that state, among other measures.

But Summit Carbon Solutions, LLC as it exists today was formed in Delaware in 2021, according to the Iowa Secretary of State’s database of business entities. (That database shows the Summit Carbon Solutions, LLC created in Iowa in 2020 as “inactive.”) Wrigley explained in a recent letter to county commissioners that the effective date of the new legislation means “this office is unable to conduct a civil review of the company.”

Wrigley’s argument underscores one of the more disturbing aspects of the Summit Carbon matter, which is the false premise that state and local governments are powerless to regulate a Delaware LLC whose ownership structure remains largely a mystery, and whose own legal arguments identify the pipeline it proposes to build as a security threat.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

While testifying before the Iowa Utilities Board on September 5, Summit Carbon Solutions chief operating officer James “Jimmy” Powell outlined the company’s need for large amounts of water at each of the sites identified as pipeline “partners” throughout the five-state route proposed for a CO2 pipeline. “We’ll need the water supply at every plant, so we’re working with individual plants,” he said. According to the Summit Carbon website, the pipeline would connect to thirteen ethanol plants in Iowa.

Online records from the Iowa Secretary of State’s office show that twelve Summit-affiliated LLCs filed Certificates of Authority as foreign limited liability companies on the afternoon of August 31. A thirteenth LLC, Saint Ansgar SCS Capture, LLC, filed an application for a Certificate of Authority on July 3, which was approved on the same day.

All are identified as member-managed firms formed in Delaware, and all share an address with Summit Carbon Solutions in Ames. SCS Carbon Removal, LLC is identified as the member or manager firm on all of the applications. Jess Vilsack, general counsel for Summit Carbon Solutions, signed for each of the LLCs.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

If there was any lingering doubt that the fix was in on the Iowa Utilities Board’s hearing on Summit Carbon Solutions’ proposed CO2 pipeline, it was quickly extinguished on the morning of September 5, when attorney Brian Jorde filed a Motion for Temporary Stay of Evidentiary Proceedings.

Jorde represents Iowans who own land along the pipeline’s path. He and other attorneys representing parties that oppose the pipeline have been subjected to a stealth Iowa Utilities Board hearing schedule that grows increasingly erratic by the day. This approach has rendered the hearing in Fort Dodge a solid contender for Dante’s tenth circle of hell, with the ninth circle, treachery, playing a pivotal role in the descent of the proceedings.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

When examining the intricate web of businesses that have sprung up around Summit Carbon Solutions, one cannot help but wonder how many private, largely unregulated LLCs are associated with the proposed CO2 pipeline.

Lawler SCS Capture, LLC is among the more recently unearthed businesses formed by Summit. On May 29, 2023, the Iowa Department of Natural Resources issued a water use permit to Lawler SCS, which shares an address with Summit Carbon Solutions in Ames. The permit expires on May 28, 2033. Lawler SCS submitted its application to the department on April 17.

The permit authorizes Lawler SCS to:

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

During the August 15 Director’s Cut webcast, Dr. Lynn Helms, Director of North Dakota’s Department of Mineral Resources, was asked about the Public Service Commission’s August 4 decision to deny Summit Carbon Solutions’ North Dakota pipeline permit.

Helms first explained that the state’s current CO2 production only meets 3 to 10 percent of the need for shale oil recovery in North Dakota. “So carbon dioxide has got to come to North Dakota from somewhere if we’re going to stabilize and sustain Bakken oil production,” he added.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

Late in the afternoon on Friday, August 18, attorney Anna Ryon filed a Motion to Stay Proceedings on behalf of Kerry Mulvania Hirth with the Iowa Utilities Board (Summit Carbon Solutions, LLC, IUB docket number HLP-2021-0001).

In the motion, Ryon asserts that Board staff “improperly coerced Ms. Hirth into relinquishing her right to participate in this proceeding that was granted by the Board on July 19, 2023.” Items 12 to 15 of the motion are reproduced in full below:

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

A small plane with the tail number N215TS has been making routine flights in Alaska in recent months. Its owner is Eagle Wings, LLC, and its Federal Aviation Administration registration shares an address with Summit Agricultural Group in Alden, Iowa.

When looking at Alaska’s carbon initiatives, one may wonder: Is the Summit project part of a larger plan? Might its pipeline one day transport oil or natural gas?

Eagle Wings’ near daily flights are a tenuous, unsubstantiated link, a pipe dream if you will. But even if these flights are unrelated, other evidence suggests that the Summit Carbon project and Alaska’s aggressive push to advance carbon management and sequestration legislation may not be a mere coincidence.