Shelby County v. Iowa Utilities Commission

In a proceeding challenging the Iowa Utilities Commission’s (IUC’s) approval of a hazardous liquid pipeline permit for Summit Carbon Solutions, LLC’s (Summit’s) pipeline to transport liquefied carbon dioxide through 29 Iowa counties, the Iowa District Court granted Summit’s motion to remand for further proceedings before the IUC. The court found that Summit had “good reason” for failing to present during the IUC proceedings regarding a ban enacted by South Dakota in 2025 (after IUC’s approval of the permit) on use of eminent domain for carbon dioxide pipelines enacted by South Dakota. The court also found that the materiality requirement for remand was satisfied due to the route modifications the South Dakota ban would require and their potential influence on IUC’s determination of whether to vest Summit with additional rights of eminent domain.