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.

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.

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.

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.