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The Climate Litigation Database

Puntenney v. Iowa Utilities Board

Geography
Year
2016
Document Type
Litigation
Part of

About this case

Filing year
2016
Status
Court affirmed denial of petition for judicial review of Utilities Board decision.
Geography
Docket number
17-0423
Court/admin entity
United States → Iowa Supreme Court (Iowa)United States → State Courts
Case category
Constitutional Claims (US) → Fifth Amendment (US)
Principal law
United States → Fifth Amendment—TakingsUnited States → Iowa Eminent Domain LawUnited States → Iowa Hazardous Liquid Pipelines and Storage Facilities StatuteUnited States → State Constitutions → Iowa Constitution
At issue
Challenge Iowa Utilities Board approval of the Dakota Pipeline project and related use of eminent domain.
Topics
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Documents

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Filing Date
Document
Type
Topics
05/31/2019
Court affirmed denial of petition for judicial review of Utilities Board decision.
The Iowa Supreme Court affirmed the Iowa Utilities Board’s approval of the construction of the Dakota Access pipeline and use of eminent domain for easements for the pipeline. Among the arguments rejected by the court was the petitioners’ contention that the pipeline did not meet the constitutional definition of “public use” under the Iowa Constitution and the Fifth Amendment of the U.S. Constitution. The court recognized that “a serious and warranted concern about climate change underlies some of the opposition to the Dakota Access pipeline” and that as a matter of policy a carbon tax might be appropriate to force all players in the marketplace “to bear the true cost of their carbon emissions.” However, the court determined that “policy making is not our function, and as a legal matter we are satisfied that the Dakota Access pipeline meets the characteristics of a public use under the Iowa and United States Constitutions.”
Decision

Summary

Challenge Iowa Utilities Board approval of the Dakota Pipeline project and related use of eminent domain.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Economic sector
Adaptation/resilience
Finance