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Iowa Utilities Board Addresses Request for Environmental Impact Study on Proposed Summit Carbon Solutions CO2 Pipeline

 The Iowa Utilities Board (IUB) issued an order that denies a request for an environmental impact study (EIS) regarding the proposed carbon capture pipeline by Summit Carbon Solutions LLC (Summit Carbon), which is pending before the IUB in Docket No. HLP-2021-0001. The request for the EIS was filed by the Winnebago Tribe of Nebraska (Winnebago Tribe) on June 2, 2022.

The order stated that the IUB will consider specific environmental issues raised by the IUB and the parties in the Summit Carbon docket as part of the public evidentiary hearing and in consideration of whether to grant Summit Carbon a hazardous liquid pipeline permit. The IUB considers the proposed project under Iowa Code chapter 479B and the IUB’s rules at 199 Iowa Administrative Code chapter 13, and the IUB will consider whether Summit Carbon has addressed the environmental concerns sufficiently. The IUB stated in the order that it does not consider a separate EIS, as required by federal regulations, to be necessary to fulfill its statutory requirements in considering whether to grant the permit requested.

The order referenced a similar request made with regard to the Dakota Access pipeline in Docket No. HLP-2014-0001. In the IUB’s Final Decision and Order issued March 10, 2016, in the Dakota Access docket, the IUB found “there is no explicit legal requirement, in statute or in rule, for an independent environmental impact report as a part of this proceeding.”

On June 17, 2022, Summit Carbon filed a response to the Winnebago Tribe’s filing, and on June 21, 2022, Sierra Club filed comments addressing the EIS request. Since Sierra Club’s filing, numerous members of Sierra Club also have submitted comments requesting an EIS be conducted.

Documents regarding the proposed Summit Carbon pipeline are available for review in the IUB’s electronic filing system under Docket No. HLP-2021-0001.

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