Anna Ryon is a Des Moines attorney who practices in the field of utility consumer advocacy. Her experience includes nearly nine years of service at the Iowa Office of Consumer Advocate.

When Brenna Bird was elected attorney general, she took an oath to faithfully and impartially discharge the duties of her office, as state law requires. The official website of the Iowa Department of Justice describes the attorney general as “the state’s chief legal officer.” In that capacity, it is reasonable for Bird to know what duties she is required by law to discharge.

However, Bird’s record suggests she either does not understand all the duties the law requires her to discharge or has simply chosen not to fulfill some of those duties. Her failure to discharge the duties required by law has left Iowa landowners subject to unconstitutional eminent domain and their neighbors subject to the dangers of hazardous carbon dioxide pipelines without the legal representation they deserve.

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.

Bonnie Ewoldt is a writer with two parcels of land targeted for eminent domain by Summit Carbon Solutions on its original pipeline route in Crawford County, Iowa. 

Last month, Summit Carbon Solutions received a conditional permit from the Iowa Utilities Commission to construct a 680-mile CO2 pipeline across Iowa. The proposed pipeline, named the Midwest Carbon Express, will carry pressurized CO2 from ethanol plants across five Midwestern states to North Dakota, where Summit has said it will be permanently sequestered underground. The investment company will then earn billions of dollars annually in 45Q carbon tax credits.

Summit Carbon recently filed additional applications with the Iowa Utilities Commission to bring sixteen ethanol plants from the now-defunct Navigator CO2 pipeline onto the Summit trunkline with lateral routes.

This past week, Summit Carbon informed Iowa landowners on the lateral lines that their property is on the route of a proposed CO2 pipeline. The third paragraph of the letter (enclosed in full below) uses the term “eminent domain” six times and the word “condemnation” twice, which could suggest these actions are imminent. They are not.

Jared Strong is senior reporter for Iowa Capital Dispatch, where this article first appeared. Under a state law that took effect July 1, the Iowa Utilities Board was renamed the Iowa Utilities Commission.

Legislators, counties, conservation groups, and landowners have asked state regulators to reconsider their permit approval for an expansive carbon dioxide pipeline system in Iowa.

A total of eight motions were filed with the Iowa Utilities Commission in the past week before a procedural deadline on July 15, and they are likely precursors to lawsuits in state court.

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):