Landowners challenge use of eminent domain for Bakken pipeline

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

The Iowa Utilities Board issued a permit for the Dakota Access (Bakken) pipeline on April 8, after declaring that Dakota Access LLC "has substantially complied with the requirements" of the board’s March 10 order. The same day, a group of agricultural landowners filed a lawsuit challenging the board’s use of eminent domain for the pipeline, intended to carry oil roughly 400 miles across eighteen counties from northwest to southeast Iowa. Litigation grounded in environmental concerns about the pipeline is expected later this year.

Follow me after the jump for more details on the land use lawsuit and ongoing efforts to block the pipeline at the federal level.

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IA-Sen: Judge playing down, Hogg playing up differences on water quality

Photo of Iowa stream courtesy of InIowaWater.org, a project of the Environmental Law & Policy Center

By entering the U.S. Senate race, former Lieutenant Governor Patty Judge ensured that environmental issues would become salient for many Iowa Democrats trying to choose among the four candidates running against Senator Chuck Grassley.

During the past two weeks, Judge has sought to minimize the daylight between herself and State Senator Rob Hogg on the need to address water pollution. But Hogg, widely considered Judge’s leading rival for the nomination, has made environmental concerns a big part of his pitch to Democrats.

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Promises Made, Never Kept for Natural Resources

A response to the Iowa House Republican plan to pay for water quality programs, which Governor Terry Branstad has endorsed. -promoted by desmoinesdem

I’m a long-time reader of Bleeding Heartland and a very infrequent source of posts/commentary. I am also heavily involved with Citizens for a Healthy Iowa and was the Campaign Manager for the Iowa’s Water & Land Legacy constitutional amendment campaign in 2010. Issues like water quality, wildlife habitat and protecting our public lands are near and dear to me …

Through that work I came to know Mark Ackelson of Iowa Natural Heritage Foundation and Bob Riley, a local businessman and conservation advocate. They recently penned a piece for Citizens for a Healthy Iowa that I wanted to share with Bleeding Heartland readers.

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Turtle Protection Bill passes and is signed by the governor

When a bill passes by an overwhelming bipartisan vote, like the turtle harvesting bill did in both the Iowa House and Senate, one might assume it was easy to persuade lawmakers and the governor to act. Not necessarily. Thanks to Mike Delaney for an in-depth look at how one good idea became state law. Delaney is a founder of the non-profit Raccoon River Watershed Association. Turtle graphic produced by the non-profit Iowa Rivers Revival. -promoted by desmoinesdem

Over the years I have noticed a decline in the number of Soft-shelled turtles on my sandbars along the Raccoon River in Dallas County. When I first bought my farm in 1988 12” and 14” Soft-shells would regularly slide into the river off the sand where they were warming their cold-blooded bodies. A few seconds later you could see their noses and foreheads pop up to look around. When my son and daughter were little I showed them (as my older brothers had shown me as a child) how to walk along the shore at night, focus a flashlight at the water’s edge and spot the heads of baby Softshells sticking out of the sand. However, we have not seen these little guys for many years.

I asked around about what happened to the turtles. County conservation folks told me that the commercial turtle trappers were selling them to China. I asked some “environmentally concerned” friends. One said that the DNR was worried about Iowa’s turtles and had proposed rules to limit turtle “harvest” during egg laying season and limits on the numbers that could be taken. Iowa had no rules preventing over-harvest of turtles. I was told that the rules were being held up in the governor’s office.

I decided to act on the matter.

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IA-Sen: Patty Judge highlights support from women in first batch of endorsements

Claiming to have "a broad, statewide network that can work together to defeat Chuck Grassley," former Lieutenant Governor Patty Judge today released a list of nearly 60 prominent Iowa Democrats supporting her candidacy for U.S. Senate. I enclose below the full campaign statement, which highlighted endorsements from:

• "every living Democratic woman to hold a statewide office in Iowa," namely former Attorney General Bonnie Campbell, former Secretary of State Elaine Baxter, and former Lieutenant Governors Sally Pederson and Jo Ann Zimmerman. Gender will be a factor for many Iowa Democrats weighing their choices in the four-way IA-Sen primary.

• "activists and community leaders," such as LGBTQ advocates Nate Monson, Cecilia Martinez, and Bobbi Fogle; Jill June, the longtime leader of Iowa’s largest Planned Parenthood chapter; Joe Henry, national vice president of the League of United Latin American Citizens; and former Secretary of State nominee Brad Anderson.

• "current and former elected officials," including former U.S. Representative Leonard Boswell, Polk County Auditor Jamie Fitzgerald, former Davenport Mayor Bill Gluba, and former Cedar Rapids Mayor Kay Halloran.

• former Iowa Democratic Party chairs Rob Tully and Michael Kiernan (and Bonnie Campbell), along with current and former county party chairs.

Also worth noting:

• While Judge’s list is heavy on Iowans who backed Hillary Clinton for president, it includes some well-known Bernie Sanders endorsers like Gluba and Henry.

• Judge has not peeled away any of the 61 Democratic state lawmakers (including 25 women) who endorsed State Senator Rob Hogg for IA-Sen earlier this year, before the former lieutenant governor and Iowa secretary of agriculture was known to be considering this race.

Any comments about the Senate campaign are welcome in this thread. With all respect to Judge and the women and men named below, someone who aligned herself with the Iowa Farm Bureau against efforts to clean up waterways will never get my vote in a Democratic primary.

P.S.- I got a kick out of seeing both Joe Henry and Des Moines activist Sean Bagniewski on Judge’s supporter list. Less than two weeks ago, they were key players on opposite sides in the epic drama also known as the Polk County Democratic Convention.

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Market forces may kill Bakken pipeline despite likely Iowa Utilities Board approval

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

UPDATE: As expected, the board voted unanimously to approve the permit. Scroll to the end of this post for more details and reaction.

The Iowa Utilities Board will meet this afternoon to issue a decision on the proposed Dakota Access pipeline. Everyone I know in the environmental community expects the three board members to approve the permit for this project, better known as the Bakken pipeline. Litigation is sure to follow, as opponents charge the Iowa Utilities Board’s eminent domain powers may be used only in the service of a "public good," not "to privilege a private corporation."

Other legal hurdles include the need for a permit from the Iowa Department of Natural Resources, because the pipeline route would cross "four areas in Iowa that have been identified as sovereign lands." The Sierra Club Iowa chapter has been pushing for a thorough Environmental Impact Study and archaeological review. (Too many Iowa politicians from both parties signed a letter to the utilities board opposing an independent environmental impact assessment.)

Iowa State University economist Dave Swenson has long cast doubt on the "bloated" economic impact numbers Dakota Access has used to market the project. Click here for Swenson’s detailed analysis on the pipeline’s "purported economic and fiscal benefits to the state of Iowa."

A growing number of observers believe the project no longer makes economic sense even for Energy Transfer Partners, the parent company of Dakota Access.

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