Description: Lawsuit challenging Iowa county's ordinance regulating hazardous liquid pipelines.
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Summit Carbon Solutions, LLC v. Shelby County
Case Documents:
Filing Date Type File Action Taken Summary 12/04/2023 Order Download Plaintiff's motion for summary judgment granted and defendants' motion for summary judgment denied. Iowa Federal Court Said Local Regulations of Carbon Dioxide Pipelines Were Preempted. The court ruled that Iowa state law and the federal Pipeline Safety Act preempted provisions of a Shelby County ordinance that imposed requirements on hazardous liquid pipelines. 08/04/2023 Motion for Summary Judgment Download Motion for summary judgment filed by defendants. 08/04/2023 Motion for Summary Judgment Download Motion for summary judgment filed by Summit. 07/27/2023 Order Download Motion to certify questions to the Iowa Supreme Court denied. 07/21/2023 Motion Download Motion filed by defendants to certify questions to the Iowa Supreme Court and to stay proceedings pending same. On July 21, 2023, the County filed a motion to certify the state preemption questions to the Iowa Supreme Court for a definitive ruling. The County also requested a temporary stay pending resolution of the certification motion. 07/10/2023 Order Download Motion for preliminary injunction granted. Iowa Federal Court Enjoined Enforcement of County’s Hazardous Pipeline Ordinance. The federal district court for the Southern District of Iowa granted a motion for a preliminary injunction preventing enforcement of an ordinance passed by the Shelby County Board of Supervisors to regulate hazardous liquid pipelines, including pipelines to transport captured carbon dioxide. The court concluded that a company that was developing a network of pipelines to transport carbon dioxide had standing but dismissed for lack of standing an individual plaintiff who resided and possessed land in another county and would not be subject to the ordinance’s permit regime or fees. The court found that the company was likely to succeed on the merits of its claims that state and federal law preempted provisions of the ordinance, that the company’s contention that it would experience unrecoverable costs established irreparable injury, and that the company would suffer more harm than the County defendants if a preliminary injunction were not granted. 03/26/2023 Not Available Download Counterclaim filed by Shelby County against Summit Carbon Solutions, LLC. 02/06/2023 Motion Download Motion for temporary restraining order and preliminary injunction filed by plaintiffs. 11/15/2022 Complaint Download Complaint filed.