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The Climate Litigation Database

Hirth v. Iowa Utilities Commission

Geography
Year
2024
Document Type
Litigation
Part of

About this case

Filing year
2024
Status
Complaint filed.
Geography
Docket number
6:24-cv-2046
Court/admin entity
United States → United States District Court for the Northern District of Iowa (N.D. Iowa)United States → United States Federal Courts
Case category
Constitutional Claims (US) → Fifth Amendment (US)Constitutional Claims (US) → Fourteenth Amendment (US)State Law Claims (US) → Utility Regulation (US)
Principal law
United States → Fifth Amendment—TakingsUnited States → Fourteenth Amendment—Due ProcessUnited States → Iowa Eminent Domain LawUnited States → Iowa Hazardous Liquid Pipelines and Storage Facilities StatuteUnited States → State Law—Miscellaneous Statutes → Iowa Administrative Procedure Act
At issue
Challenge to the Iowa Utilities Commission’s approval of approximately 688 miles of supercritical carbon dioxide pipeline.
Topics
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Documents

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Filing Date
Document
Type
Topics
Search results
09/10/2024
Complaint filed.
A lawsuit filed in federal district court in Iowa challenged the Iowa Utilities Commission’s approval of approximately 688 miles of supercritical carbon dioxide pipeline proposed by Summit Carbon Solutions LLC. The plaintiffs—which included property owners whose properties would be encumbered by the pipeline, an economic development organization, an association of members of the Iowa General Assembly, a property rights organization, and members of the public—asserted that the Commission did not comply with the Iowa Administrative Procedure Act and violated their federal and State due process rights, and that the pipeline did not justify use of eminent domain under Iowa law or the U.S. Constitution.
Complaint
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Summary

Challenge to the Iowa Utilities Commission’s approval of approximately 688 miles of supercritical carbon dioxide pipeline.

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Group
Topics
Policy instrument
Impacted group
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance