Shelby, Story counties file petition with U.S. Supreme Court in local pipeline ordinance case

SHELBY COUNTY — Shelby and Story counties have officially filed to take their battle over zoning ordinances for carbon sequestration projects to the U.S. Supreme Court.According to court records, the counties filed a petition for a writ of certiorari on Friday, Oct. 3, in their case against Summit Carbon Solutions.The counties are seeking to appeal the Eighth Circuit Court of Appeals’ ruling that bars counties from implementing ordinances regulating carbon sequestration projects.“This case presents a square conflict over what counts as a preempted ‘safety standard’ under the Pipeline Safety Act,” the filing states.In 2022, the Shelby County Board of Supervisors passed a hazardous pipeline zoning ordinance establishing setbacks and permitting requirements for the pipeline company’s construction within the county. Story County soon followed with a similar ordinance. Summit sued both counties later that year, arguing that federal safety laws preempted county ordinances. In 2023, a federal district court granted summary judgment to Summit and prohibited the counties from enforcing their ordinances.At a Shelby County Supervisors meeting in August, the Board—consisting of Chairman Bryce Schaben, Charles Parkhurst, and Mike Kolbe—voted unanimously to engage the Washington, D.C.-based law firm Kellogg, Hansen, Todd, Figel & Fredrickson to pursue a petition with the United States Supreme Court.The county’s insurance carrier, Iowa Communities Assurance Pool (ICAP), has covered the majority of the legal fees, with the county responsible only for the deductible, which may be split with Story County. Shelby County has used funds from the American Rescue Plan to cover the deductible; therefore, there has been no direct cost to taxpayers.Steve Kenkel, former Board of Supervisors Chairman and now serving as the board’s CO₂ pipeline liaison, said the counties expect to receive amicus support in early November, and the board anticipates hearing from the Supreme Court by mid-January, according to lead legal counsel Derek Reinbold.The American Petroleum Institute (API) Midwest Regional Director Mike Karbo released the following statement after Shelby and Story Counties filed the writ of certiorari: “The American Petroleum Institute continues to oppose patchwork local regulations that jeopardize America’s energy dominance and safe, reliable access to fuels. Pipelines are already subject to robust federal safety regulations. Allowing the creation of burdensome and inconsistent regulations between thousands of counties across the U.S. couldhalt all energy infrastructure development.“The Eighth Circuit Court of Appeals ruled correctly that pipeline safety standards are the purview of the federal government. We will continue to support a uniform regulatory framework for the vital energy infrastructure that Americans depend on.”Kenkel said Iowa counties were granted the authority to enact land-use and zoning ordinance setbacks in 1947, and that supervisors use this tool to protect and preserve the rights, privileges, and property of the county and its residents, while improving their peace, safety, health, welfare, comfort, and convenience.“Without this tool, local control over high-pressure hazardous CO₂ pipelines will be left in the hands of a federal agency with no safety setbacks in place—as long as the pipeline is buried four feet deep, which Summit has stated would be the case,” Kenkel said.“This is inconceivable and without moral conscience should this appeal be denied. This is a monumental case with far-reaching consequences for rural America. I pray the Court will grant the petition for a writ of certiorari.”