On October 8, nearly 80 protesters gathered outside the Iowa Capitol to oppose the Summit Carbon pipeline ahead of a significant Iowa Supreme Court hearing. The case centers around the constitutionality of an Iowa law allowing pipeline companies to survey private land without having first obtained eminent domain. The plaintiff, Hardin County landowner Kent Kasischke, is appealing a district court ruling that allowed Summit Carbon Solutions to survey his property for a pipeline transporting sequestered carbon dioxide.
Brian Jorde, Kasischke’s attorney, argued that permitting land surveys before eminent domain rights are granted is unconstitutional. He contended that the Iowa statute enabling such surveys is too broad and invasive, likening the situation to unauthorized intrusion on private property. Jorde urged the court to either rule the law unconstitutional or narrow its scope.
Summit Carbon Solutions, represented by attorney Ryan Koopmans, argued that the statute is necessary for various entities, including utilities and government agencies, to conduct surveys prior to condemnation. Koopmans warned that striking down the statute could hinder infrastructure development across the state.
Iowa Supreme Court justices questioned both sides, focusing on the broader implications of their decision on other industries. The court is expected to issue its ruling by June 2024.
Pipeline opponents, emboldened by recent legal victories against similar projects, continue to fight the pipeline’s progress. Some, like Ed Fischbach, who has been active in the opposition, expressed hope that Summit Carbon Solutions will abandon the project, as other companies have done.