The U.S. Supreme Court declined last week to hear former U.S. Representative Steve King’s appeal in a case stemming from his Congressional campaign’s unauthorized use of the popular “Success Kid” meme in 2020.

SHORT-LIVED POST LED TO LONG LEGAL BATTLE

Laney Griner took the photo of her son Sam on a beach in 2007 and registered the copyright for the “Success Kid” meme in 2012. While numerous people have used the image to create memes without compensating the Griners, various corporations have paid to license the photo for use in advertising.

A January 2020 post on the King for Congress Facebook page put Sam’s defiant image in front of the U.S. Capitol with the message “FUND OUR MEMES!!!” The post linked to a fundraising page.

King’s campaign took the “Success Kid” Facebook post down within hours after receiving a warning from Griner’s attorney. Griner told the New York Times at the time, “Steve King is just the worst of the worst,” and “bigotry is just the antithesis of what we want to be the association with this meme.”

Governor Kim Reynolds hasn’t faced an opponent in a Republican primary since 2008, when she ran for state Senate. But if she seeks a third term in 2026, she will likely compete against a challenger from the right: former State Representative Brad Sherman.

The Iowa Standard reported last month that Sherman intends to run for governor. Speaking to Bleeding Heartland at the state capitol on January 23, Sherman declined to discuss specifics but indicated he has a campaign kickoff planned for February.

His campaign Facebook page was recently updated after a stretch of 21 months with no new posts. His refreshed campaign website is recruiting volunteers to “spread the word about the upcoming primary.” His latest campaign financial disclosure shows no fundraising for the first eleven months of 2024—when Sherman wasn’t seeking re-election to the state House—followed by ten donations totaling $4,030 in December. That month, the campaign committee paid $6,000 to a Republican consulting firm.

To put it mildly, Sherman would face long odds against Reynolds. The governor’s campaign raised $1.8 million last year and started 2025 with more than $3 million cash on hand. Reynolds would have massive establishment support—not only in state, but from the Republican Governors Association, where her former chief of staff serves as executive director. In addition, Iowans are famous for re-electing incumbents.

On the other hand, a sizeable number of Iowa Republicans are open to anti-establishment candidates. Then State Senator Jim Carlin ran for U.S. Senate on a shoestring budget but received 26.5 percent of the 2022 primary vote against Senator Chuck Grassley. Last year, Kevin Virgil received nearly 40 percent of the vote against U.S. Representative Randy Feenstra, and David Pautsch managed just under 44 percent against U.S. Representative Mariannette Miller-Meeks, even though both members of Congress massively outspent their GOP challengers.

Four groups would be particularly important for Sherman if he seeks the nomination for governor next year.

Henry Jay Karp is the Rabbi Emeritus of Temple Emanuel in Davenport, Iowa, which he served from 1985 to 2017. He is the co-founder and co-convener of One Human Family QCA, a social justice organization. This essay first appeared on his Substack column.

When folks like me call out what we see as a profound danger to our society, as it appears that our government is turning against entire segments of our community, stripping or reducing the rights of select groups of people who are our neighbors, there are those who claim we are alarmists sowing discontent; that we are modern day “Chicken Littles,” going around declaring that the sky is falling.

On December 27, the Quad City Times published its list of “top 10 Iowa stories of 2024.” One look at the list offers more than ample justification for the warnings I and so many others have offered about the current state of our state and the troubling prospects of what lies ahead for Iowa and the nation over the next four years. A whopping seven out of these ten top stories are matters of serious concern for Iowa’s social justice advocates.

Randy Evans is executive director of the Iowa Freedom of Information Council, a nonpartisan, nonprofit organization that promotes openness and transparency in Iowa’s state and local governments. He can be reached at DMRevans2810@gmail.com. 

A public policy dispute over plans for about 1,000 miles of carbon dioxide pipeline across Iowa took a concerning turn last week. The pipeline company’s latest tactic demonstrates why Iowa should finally enact an anti-SLAPP statute that has been floating around the legislature for a few years.

Cami Koons reported for Iowa Capital Dispatch that Summit Carbon Solutions, an Ames company co-founded by businessman Bruce Rastetter, sent letters to six opponents of its plans to use eminent domain authority to build the pipeline. With eminent domain, Summit could force landowners along the route to sell easements to the company so it could bury the proposed 2-foot-diameter pipe across their land.

The letters demand the recipients retract what Summit claims are false and defamatory statements the six critics have made and cease making similar comments in the future. The letters warn recipients their statements have “exposed you to significant legal liability.”

Fifth in a series interpreting the results of Iowa’s 2024 state and federal elections.

Matthew P. Thornburg is an associate professor at Misericordia University who studies elections. His mother’s side of the family hails from Greene and O’Brien counties, and he maintains close ties to Iowa and its politics.

In precincts lying in the path of the Summit Pipeline, Randy Feenstra underperformed the rest of his district slightly. However, most voters there and elsewhere in the fourth Congressional district remained straight ticket Republicans. Much of Feenstra’s mild underperformance arose from voters in O’Brien County, home county of his Republican primary opponent Kevin Virgil.

Carbon dioxide pipelines remain the issue Iowa Republicans wish would go away. While most political issues in the state are subsumed into the greater red vs. blue polarization of the country—where Republicans in Iowa enjoy the advantage–CO₂  pipelines create an intraparty split between the Iowa GOP establishment and some in the party’s conservative wing.

Ground zero for that tension is Iowa’s fourth Congressional district, where CO₂ pipelines were a prominent issue in both the Republican primary and general election.

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.

Michaelyn Mankel is an Iowa Organizer with Food & Water Action, the political and lobbying arm of the national environmental group Food & Water Watch. She is based in Des Moines.

Last month, the Iowa Utilities Board (renamed the Iowa Utilities Commission as of July 1) approved Summit Carbon Solutions’ permit application for a carbon pipeline. If built, their project would be the largest carbon pipeline in the world, crossing more than 2,000 miles across five states, including nearly 700 miles in Iowa.

The board issued its order as much of the pipeline’s Iowa route was underwater. Extreme flooding displaced hundreds of people, many of whom are under threat of eminent domain land-takings for the project. As Iowans return to their homes and the pipeline approval sinks in, one thing is clear: the fight to keep carbon pipelines out of this state is far from over.

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):

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.

The president of the Congressional Leadership Fund (the main super-PAC aligned with U.S. House Republicans) congratulated U.S. Representative Mariannette Miller-Meeks on her “resounding victory” in the June 4 primary to represent Iowa’s first district.

U.S. Representative Randy Feenstra hailed the “clear message” from fourth district voters, saying he was “humbled by the strong support for our campaign.”

They can spin, but they can’t hide.

Pulling 55 to 60 percent of the vote against an underfunded, first-time candidate is anything but a “resounding” or “strong” performance for a member of Congress.

UPDATE: Unofficial results show Bloomingdale won the nomination by 1,729 votes to 1,112 (60.8 percent to 39.1 percent). Original post follows.

Four of the 64 Iowa House Republicans have competition in the June 4 primary, and the most closely-watched of those elections will happen in House district 60. State Representative Jane Bloomingdale held off a primary challenger in 2022, even as several of her GOP colleagues failed to secure their nominations. She now faces John Rosenfeld, who is running to her right on several issues.

In a late twist, Governor Kim Reynolds endorsed Bloomingdale, even though the incumbent voted against one of the governor’s top legislative priorities last year and has consistently opposed GOP efforts to ban abortion in Iowa.

UPDATE: Unofficial results show Brown won this primary by 2,546 votes to 2,273 (52.8 percent to 47.1 percent). Original post follows.

Two Iowa state senators and six state representatives face competition for their party’s nomination in the June 4 primary. The most intriguing match-up is unfolding in Senate district 30.

Two-term Republican State Senator Waylon Brown has a huge financial advantage and the backing of powerful interest groups. His opponent Doug Campbell, a retired pharmacist and former Mason City school board member, is running a low-budget campaign powered by grassroots outrage over a proposed CO2 pipeline.

The outcome should signal whether the controversy over property rights in rural Iowa is salient enough in GOP circles to overcome the advantages of incumbency. If Campbell prevails, Senate Republicans may feel pressure to consider eminent domain legislation in 2025, after blocking all such bills in the Commerce Committee for the last several years.

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.

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.

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.

Bonnie Ewoldt is a Milford resident and Crawford County landowner.

The Iowa House is considering a bill designed to combat “organized retail theft” of property from stores. Lawmakers supporting the measure said they wanted to deter looting, which has happened in some U.S. cities. Law enforcement has not always intervened. 

Iowans may naively think such lawlessness cannot happen here. But it could. 

Summit Carbon Solutions has been using strong-arm tactics to take farmland for a pressurized CO2 pipeline. Meanwhile, power players in the Iowa Senate, Senate Majority Leader Jack Whitver and Senate Commerce Committee Chair Waylon Brown, block all attempts at legislative intervention. 

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.

Summit Carbon Solutions proposed CO2 pipeline route in Iowa, from the company’s website

Bonnie Ewoldt is a Milford resident and Crawford County landowner.

As 2023 ended, CO2 pipelines were among the most newsworthy developments in Iowa. Summit Carbon Solutions’ proposed CO2 pipeline would cross more than 30 of Iowa’s 99 counties.

Heading into 2024, county boards of supervisors bear a heavy responsibility as they deal with ordinances while the state awaits the Iowa Utilities Board’s decision on Summit’s permit application. 

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.

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.

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.

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.

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.

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.