Brian McLain is a past chair of the Iowa Democratic Party’s Progressive Caucus and is now a provisional State Central Committee member for that caucus.

On June 27, 98 leaders of the Iowa Democratic Party released the following statement denouncing the Iowa Utilities Board’s decision to approve the use of eminent domain for Summit Carbon Solutions’ carbon pipeline:

“We, the undersigned leaders of the Iowa Democratic Party, are extremely disappointed with the Iowa Utilities Board’s recent approval of the use of eminent domain to acquire landowners’ property for construction of the Summit carbon capture pipeline. This short-term gain for big agribusiness only hurts the long-term sustainability of rural Iowa and the state of Iowa as a whole.

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com. 

You know how some memories stick with you for no logical reason? One such memory involves my dad in the 1960s when I was a teenager.

After World War II, my father worked for the City of Bloomfield, eventually becoming operator of the city’s water treatment plant.

Pop graduated from high school on the eve of the Great Depression. His most intense period of book-learning after high school came in the 1960s when Iowa decided to require state licenses for operators of municipal water treatment plants and sewage treatment plants.

After so many years away from the classroom, this was a time of anxiety as Pop prepared for the licensing exam. He attended classes at night and had his nose in textbooks other evenings.

All of this happened about 60 years ago. More recently, a different and far larger contingent of Iowans has been experiencing anxiety over state regulations. This time, the anxious people are angry the government doesn’t address all major pollution problems the same way it approaches water treatment and sewage treatment facilities.

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

With the passage of Senate File 2370 (a version of legislation introduced by the governor’s office), Governor Kim Reynolds’ Executive Order No. 10, issued in January 2023, is now Iowa law. It will have a substantial impact on the state’s ability to protect waterways and communities from factory farms.

State agencies across Iowa will be prevented from strengthening rules and regulations, but will have the ability to weaken them. It’s now a race to the bottom that will adversely affect factory farming’s impact on water quality and public health.

The Iowa Senate approved SF 2370 by 32 votes to 14, with all Democrats present opposing the bill.

In the House it passed by 91 votes to 3. It was expected that the GOP caucus would fully support this bill, as they have with most of the Reynolds administration’s priorities.

But nearly all House Democrats voted for SF 2370, too.

Allen Bonini retired in January 2021 after nearly 45 years as an environmental professional, serving in various technical, managerial and leadership positions in water quality, recycling and solid waste across the states of Iowa, Minnesota, and Illinois. Most recently, he served fifteen and a half years as the supervisor of the Watershed Improvement Section at the Iowa Department of Natural Resources. In retirement he continues to advocate for responsible public policy and actions to improve and protect water quality in Iowa.

Even if 100 percent of urban Iowa eliminated all of its pollution runoff, Iowa would not even come close to solving its water quality problems. In fact, if this improbable scenario were even possible, it would solve, at most, 10 to 15 percent of Iowa’s water quality problems. The real, fundamental, root problem impacting Iowa’s water quality is industrial agriculture. Yes, I said industrial agriculture.

Notice I didn’t say “conventional” agriculture. Today’s Iowa agriculture is anything but “conventional.” It is a product of the industrialization of an activity that used to be carried out by 85 percent or more of Americans not much more than 100 years ago when most people lived on farms and raised food for their own consumption and for their neighbors in surrounding communities. That is true conventional agriculture.

The authors of this post are Dani Replogle, a staff attorney with the national advocacy group Food & Water Watch, and Michael Schmidt, a staff attorney with the Iowa Environmental Council.

Safe, clean drinking water is a basic human right. In Iowa, that right is under serious threat as nitrate-laden pollution piles up, and state cancer levels rise unchecked. It’s time for the U.S. Environmental Protection Agency (EPA) to step in. We filed a petition last week demanding just that.

Iowans have industrial agriculture to blame for worsening water quality. Over the past twenty years, concentrated animal feeding operations (CAFOs) have steadily replaced family-scale operations statewide. Today, Iowa is home to far more of these enormous polluting operations than any other state. As Big Ag moved in, they consolidated control in Des Moines, permeating state government to tilt the scales in favor of industry.

Robin Opsahl covers the state legislature and politics for Iowa Capital Dispatch, where this article first appeared.

In their final days of the 2024 legislative session, Iowa lawmakers approved $8.9 billion in state spending for the upcoming year, financing the state government and public services. Most of those decisions now await a thumbs up or down from the governor.

Appropriations bills included funding for topics discussed often this session, like increasing pay for Iowa judges, as well as spending cuts to Area Education Agencies (AEAs), the provider of special education and other school support services in Iowa.

Budget bills can also include policy components. This year, language restricting on diversity, equity and inclusion programs at the state’s public universities was passed as part of the education spending bill.

Downstream of the Dunning’s Spring waterfall in Decorah; photo by Ralf Broskvar, available via Shutterstock.

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

Given Iowa’s 721 polluted waterways, it’s clear current factory farm rules and regulations don’t adequately safeguard water quality or public health. Stronger regulations on concentrated animal feeding operations (CAFOs) are needed to protect water quality from worsening.

Yet a section of Senate File 2370—passed by the Senate along party lines and now pending in the Iowa House—would permanently prohibit the Iowa Department of Natural Resources (DNR) from strengthening CAFO regulations. The bill, which Governor Kim Reynolds’ office introduced, would codify the governor’s Executive Order Number 10, issued last year. That order required every state agency to conduct a comprehensive overhaul of the Iowa Administrative Code in order to promote private sector development.

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.

Protester’s sign against a pillar in the state capitol on February 27 (photo by Laura Belin)

What’s the opposite of “loud and proud”?

Iowa House Democrats unanimously voted for the chamber’s latest attempt to address the concerns of landowners along the path of Summit Carbon Solutions’ proposed CO2 pipeline. But not a single Democrat spoke during the March 28 floor debate.

The unusual tactic allowed the bill’s Republican advocates to take full credit for defending property rights against powerful corporate interests—an extremely popular position.

It was a missed opportunity to share a Democratic vision for fair land use policies and acknowledge the progressive constituencies that oppose the pipeline for various reasons.

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com. 

No problem is so big that we can’t run from it—or at least avoid thinking about it. That’s human nature.

There are many concerns that should command our attention but do not. Too often we hope or assume a serious problem will go away or will spare us.

In the aftermath of the COVID-19 pandemic, too many of us discount whatever the scientists tell us—as if the anonymous pundit on social media knows more than the people who have devoted their lives to studying a particular problem.

But there is something else I have come to realize, unfortunately. Government leaders in Iowa have shown little interest in understanding “the Big C”—the widespread presence of cancer in Iowa. 

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:

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter. He wrote this essay after attending the Iowa Department of Natural Resources’ virtual public hearing about the new Chapter 65 regulations on February 19.

The Iowa Department of Natural Resources has been revising its regulations for animal feeding operations as dictated by Governor Kim Reynolds’ Executive Order 10, issued in early 2023.

Chapter 65 of the Iowa administrative code has long contained confusing and inadequate rules, which are open to manipulation by livestock producers and the DNR.

The DNR tried to revise the regulations recently to provide more protection for Iowa’s waters in areas of karst terrain. But the governor’s “Administrative Rules Coordinator” Nate Ristow blocked the proposed rule, because it would not reduce the “regulatory burden” on livestock producers.

From left: Democratic State Representatives Austin Baeth, Molly Buck, Josh Turek, Elinor Levin, Sharon Steckman, and Adam Zabner. Screenshot from video posted to Facebook on February 8.

“When I joined Environmental Protection, I never envisioned that I would be talking about a raccoon bounty, but here we are,” Democratic State Representative Josh Turek said on February 7, while the House Environmental Protection Committee considered the only bill on the agenda that day.

As they weighed in on the bill, Democrats voiced broader frustrations about the committee’s failure to engage with any of Iowa’s serious environmental challenges.

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.

Linda Schreiber is a member of the League of Women Voters of Johnson County.

Water pollution, flooding and drought, soil erosion, and extreme weather events are grabbing increasing attention across Iowa. What’s going on – and what can we do about it?

These and other Iowa environmental problems – and their solutions – will be the focus of Project GREEN and the Iowa City Public Library’s Second Sunday Garden Forum 2024, on Sunday, February 11, from 2:00 to 4:00 p.m. The forum, which is free and open to the public, will also stream live on Iowa City Public Library’s YouTube channel.

The forum’s discussions will be based on the book Tending Iowa’s Land: Pathways to a Sustainable Future (University of Iowa Press, 2022), which includes chapters by 28 Iowa premier scientists and environmental activists. Book editor Connie Mutel will lead a panel with five authors who contributed chapters on soil, water, climate and biodiversity problems. Ample time will be allowed for audience participation and questions.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

The Iowa Utilities Board has proposed companion bills on energy production in the Iowa legislature this year. The Sierra Club is focused on two provisions in House Study Bill 555 and Senate Study Bill 3075: including battery storage as part of an energy production facility, and designating nuclear power as an alternate energy production facility.

One of the primary criticisms of renewable energy, specifically wind and solar, is that they provide power intermittently. In other words, wind turbines don’t provide power when the wind isn’t blowing, and solar panels don’t provide power when the sun isn’t shining.

Photo of happy farmer by Serg Grbanoff, available via Shutterstock.

Jason Benell lives in Des Moines with his wife and two children. He is a combat veteran, former city council candidate, and president of Iowa Atheists and Freethinkers.

America Needs Farmers.

This statement has become a cultural touchstone. It became popular during the 1980s farm crisis, as a way to raise awareness of the difficulties suffered in the Midwest agricultural industry.

This phrase and branding has seen a bit of a renaissance in the past decade—featured on bumper stickers, commercials, apparel branding, and even partnerships with major universities like the University of Iowa.

America Needs Farmers, or “ANF,” has become less of a slogan for awareness, and more a brand or identity that Midwesterners tout alongside Carhartt or John Deere. The slogan is now almost synonymous with the Iowa Hawkeyes and rural farming, and is controlled by the Iowa Farm Bureau, a 501(c)5 organization representing farmers across Iowa.

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:

Before Iowa politics kicks into high gear with a new legislative session and the caucuses, I want to highlight the investigative reporting, in-depth analysis, and accountability journalism published first or exclusively on this site last year.

Some newspapers, websites, and newsletters put their best original work behind a paywall for subscribers, or limit access to a set number of free articles a month. I’m committed to keeping all Bleeding Heartland content available to everyone, regardless of ability to pay. That includes nearly 500 articles and commentaries from 2023 alone, and thousands more posts in archives going back to 2007.

To receive links to everything recently published here via email, subscribe to the free Evening Heartland newsletter. I also have a free Substack, which is part of the Iowa Writers Collaborative. Subscribers receive occasional cross-posts from Bleeding Heartland, as well as audio files and recaps for every episode of KHOI Radio’s “Capitol Week,” a 30-minute show about Iowa politics co-hosted by Dennis Hart and me.

I’m grateful to all readers, but especially to tipsters. Please reach out with story ideas that may be worth pursuing in 2024.

Photo of Allen Bonini at Lincoln’s Tomb in Oak Ridge National Cemetery (Springfield, Illinois) provided by the author and published with permission.

Allen Bonini retired in January 2021 after nearly 45 years as an environmental professional, serving in various technical, managerial and leadership positions in water quality, recycling and solid waste across the states of Iowa, Minnesota, and Illinois. Most recently, he served fifteen and a half years as the supervisor of the Watershed Improvement Section at the Iowa Department of Natural Resources. In retirement he continues to advocate for responsible public policy and actions to improve and protect water quality in Iowa.

I devoted my entire 44 year professional career trying to protect and improve our environment across three Midwestern states. I tried to do that through the policies, programs and advocacy I’ve been involved with and/or led. Some who know me personally know I rarely back down from a fight or am afraid to call out injustices or wrong-headed decisions by organizational leadership—whether in state, regional or local governments or in corporate America (all of which I’ve served in one or more capacities throughout my career).

A select few of you know I believe “sometimes you have to play hardball.” That sums up my view of where we need to go in terms of the efforts to clean up our water and other natural resources here in Iowa. 

My fellow environmental colleagues, it’s time to recognize you don’t win an alley fight by bringing an olive branch, and you don’t take a knife to a gun fight.

Photo of Joan Marttila provided by the author and published with permission.

Joan Martila is a retired Mississippi Bend Area Education Agency audiologist. She is a former president of the Iowa Speech Language Hearing Association as well as a former president of the Iowa Speech Language Hearing Foundation. 

Another election year is upon us. I can guess what you’re thinking, because I have heard others say it: Why do Iowa Democrats have so many losers running of office? 

I am one of those losers. Let me tell you my side of the story.

Iowa’s Republican legislators, Governor Kim Reynolds, and Senator Chuck Grassley inspired the majority of Bleeding Heartland’s most-read posts during the year that just ended. But putting this list together was trickier than my previous efforts to highlight the site’s articles or commentaries that resonated most with readers.

For fifteen years, I primarily used Google Analytics to track site traffic. Google changed some things this year, prompting me to switch to Fathom Analytics (an “alternative that doesn’t compromise visitor privacy for data”) in July. As far as I could tell during the few days when those services overlapped, they reached similar counts for user visits, page views, and other metrics. But the numbers didn’t completely line up, which means the Google Analytics data I have for posts published during the first half of the year may not be the same numbers Fathom would have produced.

Further complicating this enterprise, I cross-post some of my original reporting and commentary on a free email newsletter, launched on Substack in the summer of 2022 as part of the Iowa Writers’ Collaborative. Some of those posts generated thousands of views that would not be tabulated as visits to Bleeding Heartland. I didn’t include Substack statistics while writing this piece; if I had, it would have changed the order of some posts 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.

Photo of Neil Hamilton speaking at the Iowa Nature Summit on November 17 provided by the author and published with permission.

Neil Hamilton is the former director of the Drake Agricultural Law Center and professor emeritus at Drake University law school. He delivered these remarks at the Iowa Nature Summit at Drake University on November 17, 2023.

My hope in planning the Summit was our collective work can help change the trajectory and effectiveness of how we advocate for nature in Iowa. I hope you agree we are off to a good start.

Elevating nature in our discussions

One challenge we face is elevating the discussion of nature to the place it deserves in the public discourse. It is too easy for those threatened by our issues to characterize us as just a bunch of nature lovers—people who like to play outdoors while others are trying to make a living. This is a dangerous mind set because if political issues involving nature are reduced to being between Iowa’s pigs and you playing in the river—history shows pigs may win every time.

Our respect for nature is about much more than just enjoyment—as vital as that is. Our respect for nature focuses on the essential role—the foundational role—nature plays in supporting life. Without nature there is no human survival, it is that simple. That is why water quality, soil health, and climate are essential to our future—it is why we need to elevate the importance of nature in our advocacy.

If we want the view of Iowa nature in five years to be better and not just a continuum of little progress and slow decline, what must change? How do we get out of the rut—or ephemeral gully—we find ourselves in today?

Bonnie Ewoldt is a Milford resident and Crawford County landowner.

Landowners targeted for eminent domain by Summit Carbon Solutions won several victories in recent weeks, but the fight is far from over. Though wounded, Summit continues to threaten the private property rights of thousands across Iowa, Nebraska, North Dakota, and South Dakota.  

Three companies have proposed CO2 pipelines in Iowa: Summit, Navigator, and Wolf. Navigator cancelled its project last month after regulators in South Dakota and Illinois denied permits following fierce opposition from impacted landowners and concerned citizens. The Illinois Commerce Commission recommended the Wolf permit be denied, and the company has not yet obtained a permit in Iowa.

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.

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.

Democratic State Representative Chuck Isenhart represents Iowa House district 72, covering part of Dubuque and nearby areas. He is a member of the Iowa House Economic Growth Committee, the National Caucus of Environmental Legislators, and the Natural Resources and Infrastructure Committee of the National Conference of State Legislatures. The Dubuque Telegraph-Herald published a shorter version of this article on October 9.

“No eminent domain for private gain” is the catch phrase of opponents contesting three proposals for carbon dioxide pipelines in Iowa.

The Summit Carbon Solutions project would transport up to 18 million tons of the emissions each year, mainly from Iowa ethanol plants, to be buried deep in porous rock formations in North Dakota.

Why? Arguably, to keep the greenhouse gas out of the atmosphere, where it heats the air, causing climate change and weather disasters. At least that’s why the federal government is offering to pay $85 per ton for projects that capture and sequester carbon. At full capacity, that could be a $1.5 billion annual payday for Summit alone.

Owners of hundreds of parcels of land oppose the pipeline, mainly because they believe the productivity of farm ground will be lost and the integrity of drainage tiles will be damaged. Others question the safety of the pipelines.

Rebecca Wolf is Senior Food Policy Analyst at the national advocacy group Food & Water Watch. Get involved in the fight for a fair Farm Bill at foodandwaterwatch.org.

Amidst the Congressional chaos of the past week, one important deadline passed rather inconspicuously. The Farm Bill expired on September 30, the last day of the federal fiscal year. Passed every five years, the Farm Bill is a suite of policies passed on a bipartisan basis to keep our food and farm system running. The longer our legislators delay, the more we flirt with brinkmanship for critical programs that keep people fed and ensure farmers are paid.

Iowa needs a fair Farm Bill. With more factory farms than any other state, millions of acres in mono-cropped corn and soy, and a mounting clean water crisis, Iowa offers a clear case study of the failures of modern corporate agricultural policy. Iowa’s legislative delegation must seize this opportunity to pass bold reforms that support farmers, rural communities, and clean water — not Big Ag.

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. 

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:

Luke Hoffman is the Executive Director of Iowa Rivers Revival. He loves the outdoors and grew up in small-towns across Iowa like Emmetsburg, Fredonia, and Thurman. Luke now lives in downtown Des Moines near Gray’s Lake and is a member of the Tall Dog Bike Club. He has a Master’s Degree in Public Administration from the University of Nebraska at Omaha.

People love to be on the water. Communities across Iowa are beginning to realize that our rivers and streams are irreplaceable natural resources that can serve as a tool of economic development and talent retention and attraction. That’s why Iowa Rivers Revival has relaunched our Service Squad program to help plan and support river cleanups each year across the state.

Rivers and streams are a place that can bring cities and towns together to connect and share the love of a safe, family-friendly experience on the water. Usership of water trails has skyrocketed in recent years, and it’s more important than ever to have clean water that people can enjoy safely, whether on a kayak, canoe, paddleboard or tube.

Bonnie Ewoldt is a Milford resident and Crawford County landowner.

North Dakota’s Public Service Commission threw a major roadblock in the path of Summit Carbon Solutions’ Midwest Carbon Express on August 4 when its three members unanimously denied the company’s hazardous CO2 pipeline permit. According to the commission’s chair, Randy Christmann, Summit “failed to meet its burden of proof to show that the location, construction, operation and maintenance will produce minimal adverse effects on the environment and upon the welfare of the citizens of North Dakota.”

Summit’s proposed route in North Dakota was part of a 2,000-mile, five-state Carbon Storage and Sequestration (CCS) plan to carry hazardous liquid CO2 from seventeen ethanol plants in South Dakota, Nebraska, Minnesota, and Iowa to North Dakota. where it would be permanently buried underground in abandoned oil wells west of Bismarck. When operational, investors in the $5.5 billion project would reap billions of dollars profit in carbon capture with 45Q federal tax credits. 

However, without the Public Service Commission permit and access to North Dakota’s underground storage sites, the Midwest Carbon Express is a pipeline to nowhere. 

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

Rules and regulations need to be clear, orderly, and in one place so they can be completely understood and followed. This is especially true of those focused on concentrated animal feeding operations (CAFOs) as they impact the public health of 3.19 million Iowans and water quality of 70,297 miles of rivers and streams.

However, Chapter 65, the Iowa administrative code that regulates CAFOs, is becoming weaker, confusing, and more difficult to use under the dictates of Governor Kim Reynolds’ Executive Order Number Ten. Rather than have all pertinent information in one place, the executive order will fragment Chapter 65’s essential information and scatter it in several locations online and in offices around the state.

Executive Order Ten, dubbed “The Red Tape Review”, directs all agencies to reduce the number of words throughout the state’s entire code, eliminating language deemed unnecessary, redundant, or even too restrictive. Users will now have to search for specific Iowa statutes to completely understand and comply with CAFO rules and regulations. In the case of Chapter 65, some of the missing information will now be housed on the DNR’s website or obtained from a field office. Both environmental organizations and industry groups oppose this change.

The order requires agencies to develop a cost-benefit analysis for all the rules and regulations. We have serious concerns about how the CAFO industry’s financial interests may dominate public health and the environmental protections. The order also stipulates no new rules can be made more stringent than what is already in the code. Most CAFO regulations are anything but stringent and should be strengthened.

This book review first appeared on Larry Stone‘s free email newsletter, Listening to the Land.

Retired Drake University Law Professor Neil Hamilton wants Iowans to take a long, hard look at what we’ve done, and what we’re doing to our state.

“ . . . . something has changed in Iowa and not for the better,” laments Iowa native Neil Hamilton, who grew up on an Adams County farm and spent his career at Drake University as a law professor focused on food and agriculture.

Hamilton analyzes those changes in The River Knows: How Water Will Shape Our Future, a sequel to his 2022 book, The Land Remains. In both books, Hamilton lays the blame for the damaging changes squarely at the feet of industrial agriculture. The politics and policies of agribusiness have transformed Iowa, he said.

Bleeding Heartland user PrairieFan is an Iowa landowner.

My boxelder trees look horrible.

The foliage on the outer branches is a sickly pale green. The leaves are twisted and stunted. Looking at other plants near my house, I see cupped and contorted leaves on trees, vines, and wildflowers. As happens every year, farm chemicals have trespassed (drifted) onto my conservation land.

Iowans who don’t know what it is like to live near typical corn and soybean fields might guess that farm-chem trespass would be a very occasional accident, followed by apologies, handshakes, and maybe a “sorry” gift. But that is not how it works in much of rural Iowa. 

Patrick Swanson has been restoring a Harrison County prairie.

Over Memorial Day weekend this year, I joined the third installment of the LoHi Trek, a multi-day hike through the Loess Hills organized by Golden Hills Resource Conservation and Development and other partners. 

I joined the inaugural LoHi Trek in 2021 through Monona County, and offered my reflection on that journey in an earlier Bleeding Heartland post. 

I missed last year’s trek and the follow-up “mini LoHi” hike in the fall. When the organizers announced that this year’s hike would be traversing the northern reaches of the Loess Hills in Plymouth and Woodbury Counties, visiting areas I hadn’t seen before, I jumped at the opportunity. 

Alicia Vasto is the Water Program Director with the Iowa Environmental Council. This piece was initially published in the organization’s Weekly Water Watch e-newsletter on June 2, 2023.

The Iowa Environmental Council launched a new website, decliningdecade.org, in late May to mark the tenth anniversary of the state’s taxpayer-funded Nutrient Reduction Strategy.

We created the site to counter the narrative being pushed by agricultural businesses and organizations, which say the strategy is making great progress, and Iowa is taking appropriate action to address nutrient pollution (see www.iowanrs10.com). These groups were very involved in the crafting of the voluntary approach to fertilizer pollution in the Nutrient Reduction Strategy, and they are heavily invested in its status quo implementation.  

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

In a May 25 decision, the U.S. Supreme Court greatly restricted the jurisdiction of the U.S. Environmental Protection Agency and the Army Corps of Engineers to protect wetlands under the Clean Water Act.

The Clean Water Act gives the agencies authority to protect “waters of the United States,” known as WOTUS. Constitutionally, the EPA and the Corps have jurisdiction over waters that affect interstate commerce. Certainly, interstate rivers like the Mississippi and the Missouri affect interstate commerce. And no one seriously argues that rivers and streams that flow into interstate rivers are not within the EPA’s and the Corps’ jurisdiction. But what about wetlands?