Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

For four years the Sierra Club has been working with impacted landowners to pass legislation that would restrict the use of eminent domain for hazardous liquid pipeline projects. In 2022, 2023 and 2024, we were able to get legislation through the Iowa House with strong bipartisan majorities, but Republican leaders in the Iowa Senate blocked all of those bills.

This year the House approved two bills, again with strong bipartisan majorities. House File 943 was a short bill, which would have banned the use of eminent domain for hazardous liquid pipelines. It was referred to the Iowa Senate Commerce Committee and never got a subcommittee hearing.

The other bill, House File 639, would have changed state law on pipelines and eminent domain in several ways. It likely would have died, but was eventually brought to the Senate floor after twelve Republican senators pledged “to vote against any remaining budget bill until a floor vote occurs on the clean HF639 bill.”

Robin Opsahl covers the state legislature and politics for Iowa Capital Dispatch, where this article first appeared. Brooklyn Draisey, Cami Koons, and Clark Kauffman contributed to this report.

Republicans’ supermajorities in both chambers of the Iowa Legislature allowed them to push several high-profile bills to the governor throughout the legislative session – but many of the thousands of bills discussed this session failed to advance.

Lawmakers adjourned for the 2025 legislative session early on May 15 after a night of debate and closed-door caucus meetings and nearly two weeks after the session was scheduled to end. Republicans were able to reach agreements on May 14 to pass several of the policy bills that had failed to advance earlier in the session, including Governor Kim Reynolds’ bills providing paid parental leave for state employees and reducing the state’s unemployment insurance taxes on employers.

Earlier in the year, the Republican-controlled chambers moved quickly to pass a bill removing gender identity from the Iowa Civil Rights Act. Other measures passed through with less coordination—legislation on eminent domain use in carbon sequestration pipelines only made it to a vote on May 12, following a concerted effort by twelve GOP senators who said they would not support any budget bills until the pipeline bill was brought to the floor.

Robin Opsahl covers the state legislature and politics for Iowa Capital Dispatch, where this article first appeared. Brooklyn Draisley, Cami Koons, and Kathie Obradovich contributed to this article.

As the Iowa legislature advanced past the second major deadline of the 2025 session, conversations on pipelines, Medicaid work requirements and new higher education requirements are continuing through surviving bills—though agreements have not necessarily been reached between the two Republican-controlled chambers.

The session’s second “funnel” deadline is another checkpoint for lawmakers during the legislative session, culling the bills that remain eligible for consideration as the Legislature nears the end of session. During the first funnel, bills were required to gain approval by a committee in one chamber to survive. In the second funnel, bills must have passed in floor debate in one chamber and gained committee approval in the other chamber to remain eligible.

There are several exceptions to this deadline, such as bills involving taxes, spending and government oversight components, and they include the property tax legislation proposed by Iowa lawmakers. Legislative leaders can also sponsor a bill and bring it forward without abiding by the deadline.

In addition, the language of a bills considered “dead” because of the funnel can still be added, at any point, as an amendment to a surviving bill.

There are also several bills that remain eligible for consideration by being placed on the “unfinished business” calendar, allowing them to remain up for consideration during the remainder of the session.

They were so close.

After weeks of negotiations, U.S. House and Senate leaders had agreed on a year-end spending bill that would fund the federal government through March 14, extend the 2018 Farm Bill through next September, and provide more than $100 billion in disaster aid. The legislation included numerous other policies, including at least two that had been priorities for Iowa’s members of Congress. The bill would have legalized year-round sales of higher ethanol blends known as E-15 in all states. It also contained new regulations for pharmacy benefit managers (PBMs), which could have saved consumers billions while helping small pharmacies.

All of the Iowans in Congress have talked up E-15 as a path to U.S. energy independence. (In reality, only about 3,400 of some 198,000 gas stations across the country dispense higher ethanol blends.) Representative Mariannette Miller-Meeks (IA-01) and Senator Chuck Grassley have been among the most vocal proponents of PBM reform, calling for action on prescription drug middlemen in draft bills, press releases, news conferences, House and Senate hearings, floor speeches, and taxpayer-funded radio ads.

Little did they know that President-elect Donald Trump and his billionaire buddy Elon Musk were about to blow up the deal.

Fifth in a series interpreting the results of Iowa’s 2024 state and federal elections.

Matthew P. Thornburg is an associate professor at Misericordia University who studies elections. His mother’s side of the family hails from Greene and O’Brien counties, and he maintains close ties to Iowa and its politics.

In precincts lying in the path of the Summit Pipeline, Randy Feenstra underperformed the rest of his district slightly. However, most voters there and elsewhere in the fourth Congressional district remained straight ticket Republicans. Much of Feenstra’s mild underperformance arose from voters in O’Brien County, home county of his Republican primary opponent Kevin Virgil.

Carbon dioxide pipelines remain the issue Iowa Republicans wish would go away. While most political issues in the state are subsumed into the greater red vs. blue polarization of the country—where Republicans in Iowa enjoy the advantage–CO₂  pipelines create an intraparty split between the Iowa GOP establishment and some in the party’s conservative wing.

Ground zero for that tension is Iowa’s fourth Congressional district, where CO₂ pipelines were a prominent issue in both the Republican primary and general election.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

Recent news articles have reported on NexEra’s interest in restarting the Duane Arnold nuclear plant. We need to consider the consequences of such an action.

Restarting a closed reactor in decommissioning status has never been attempted. The Nuclear Regulatory Commission (NRC) admits there are no regulations authorizing the restart of a closed reactor. In order to restart Duane Arnold, NextEra will have to cobble together a daisy chain of existing regulations that is of doubtful legality, as is being attempted at the Palisades Nuclear Plant in Michigan. Nor is there any assurance that the operation could be done safely.

Nancy Dugan lives in Altoona, Iowa. Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Commission dockets in opposition to the CO2 pipeline. She has neither sought nor received funding for her work.

Late on Friday afternoon, August 23, the Iowa Utilities Commission posted a Motion to Declare the Acquisition of Certain Land Interests Noncompliant by the Bremer County Board of Supervisors. The motion was filed into Summit Carbon Solutions docket number 2024-0001 (SCS Carbon Transport LLC; Petition for Hazardous Liquid Pipeline Permit, POET – Fairbank and Shell Rock, IAL-501, IAT-401).

The motion centers on Summit Carbon’s announcement earlier this month that it had purchased land easement agreements from Navigator Heartland Greenway, LLC. According to the motion, “In 2021, Navigator Heartland Greenway (“Navigator”) proposed to route a similar carbon dioxide pipeline along a similar route in Bremer County.”

Navigator subsequently announced that it had canceled its multistate pipeline project in October 2023. An October 20, 2023, Iowa Capital Dispatch article reported that in response to Navigator’s announcement, Summit Carbon stated that it “welcomes and is well-positioned to add additional plants and communities to our project footprint.”

Bremer County’s motion included three exhibits.

U.S. Representative Mariannette Miller-Meeks (IA-01) is among eighteen House Republicans who asked Speaker Mike Johnson last week “to prioritize business and market certainty as you consider efforts that repeal or reform the Inflation Reduction Act.”

Miller-Meeks was the only Iowan in the U.S. House to sign an August 6 letter, first reported by Politico’s E&E News. Like others who signed, Miller-Meeks is on record twice opposing the energy tax credits: first, when she voted against the Inflation Reduction Act in August 2022, and next, when she voted for repealing many of that law’s provisions as part of a House Republican debt ceiling bill in April 2023. The language on tax credits wasn’t part of last year’s final deal to raise the debt ceiling.

Clean energy investments have skyrocketed in the two years since President Joe Biden signed the Inflation Reduction Act. But as Jamie Dupree reported in the August 8 edition of his Regular Order newsletter, House Republican leaders call incentives for projects including solar, wind, aviation fuel, hydrogen, and electric vehicles “Market Distorting Green Tax Credits.” That has raised concerns the credits could go away if Republicans control both chambers of Congress next year.

The August 6 letter warned,

Nancy Dugan lives in Altoona, Iowa. Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Board (since renamed Iowa Utilities Commission) dockets in opposition to the CO2 pipeline. She has neither sought nor received funding for her work. This is an opinion piece.

During a February 7 interview, North Dakota radio host Scott Hennen asked Bruce Rastetter to answer the following question posed by a listener: Can the carbon in CO2 be separated and just store the carbon?

A portion of Rastetter’s answer is transcribed below (emphasis added):

Brian McLain is a past chair of the Iowa Democratic Party’s Progressive Caucus and is now a provisional State Central Committee member for that caucus.

On June 27, 98 leaders of the Iowa Democratic Party released the following statement denouncing the Iowa Utilities Board’s decision to approve the use of eminent domain for Summit Carbon Solutions’ carbon pipeline:

“We, the undersigned leaders of the Iowa Democratic Party, are extremely disappointed with the Iowa Utilities Board’s recent approval of the use of eminent domain to acquire landowners’ property for construction of the Summit carbon capture pipeline. This short-term gain for big agribusiness only hurts the long-term sustainability of rural Iowa and the state of Iowa as a whole.

UPDATE: Unofficial results show Brown won this primary by 2,546 votes to 2,273 (52.8 percent to 47.1 percent). Original post follows.

Two Iowa state senators and six state representatives face competition for their party’s nomination in the June 4 primary. The most intriguing match-up is unfolding in Senate district 30.

Two-term Republican State Senator Waylon Brown has a huge financial advantage and the backing of powerful interest groups. His opponent Doug Campbell, a retired pharmacist and former Mason City school board member, is running a low-budget campaign powered by grassroots outrage over a proposed CO2 pipeline.

The outcome should signal whether the controversy over property rights in rural Iowa is salient enough in GOP circles to overcome the advantages of incumbency. If Campbell prevails, Senate Republicans may feel pressure to consider eminent domain legislation in 2025, after blocking all such bills in the Commerce Committee for the last several years.

Iowa was among just five states that did not receive statewide funding through the U.S. Environmental Protection Agency’s $7 billion Solar for All Program, designed to deliver residential solar power to some 900,000 households across the country. The 60 federal grants announced on April 22 will focus on “long-lasting solar programs” targeting “low-income and disadvantaged communities.”

The Iowa Economic Development Authority did not comment on why the EPA declined to fund the state’s application for $75 million through the competitive grant program. Critics noted the state’s “utility-driven approach,” which did not include labor unions or registered apprenticeship programs.

Autumn View from Fire Point at Effigy mounds National Monument, photo by National Park Service

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past twelve years.

Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Board dockets in opposition to the pipeline. Her most recent objections can be found here and here. She has neither sought nor received funding for her work.

In September 2023, Bleeding Heartland posted estimates of proposed water use for thirteen partner ethanol plants along the Summit Carbon pipeline. The estimates were based on the testimony of James “Jimmy” Powell, chief operating officer for Summit, and they included the Absolute Energy St. Ansgar facility, which Summit Carbon announced had been added to the route in June 2023.

But much has changed since that story was published. The number of ethanol plants now on the proposed Iowa route has risen to 30 with the inclusion of the POET and Valero facilities.

The Song of King Corn, by C. A. Murch (Verses 1 and 5)

The dews of heaven,
The rains that fall,
The fatness of earth,
I claim them all.
O’er mountain and plain
My praises ring,
O’er ocean and land
I am King! I am King!

Would you dethrone me?
Not so, not so.
Still the golden tide
Shall swell and flow;
The earth yield riches,
The toilers sing,
In the golden land
Where Corn is King.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Board dockets in opposition to the pipeline. Her most recent objections can be found here and here. She has neither sought nor received funding for her work.

On March 11, Kaylee Langrell, stakeholder relations manager for TurnKey Logistics, and Grant Terry, senior project manager for Summit Carbon Solutions, appeared before the Worth County Board of Supervisors to explain the newly expanded pipeline route incorporating POET and Valero ethanol plants in Iowa. Forty-six minutes into the meeting, Langrell stated the following:

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

North Dakota Governor Doug Burgum announced in July 2022 that the Cavalier County Job Development Authority (CCJDA) had “executed binding agreements for international data center developer Bitzero Blockchain Inc. to acquire and redevelop the historic Stanley R. Mickelsen Safeguard Complex at Nekoma, N.D., commonly known as ‘The Pyramid.’”

According to the governor’s press release:

Bitzero plans to develop the abandoned Cold War-era military installation into a highly secure data center for high-performance computing and data processing. Waste heat captured from the data center’s servers will be used to heat an on-site greenhouse, and the company also is planning an interpretive center and additional community engagement at the site, representing a total expected investment estimated by Bitzero at $500 million.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

A Gevo official confirmed on February 2 that the company expects to use 300 million gallons of water per year, or 700 gallons per minute, at its planned Lake Preston, South Dakota Net-Zero 1 (NZ1) plant and an adjacent green hydrogen facility known as the Dakota Renewable Hydrogen (DRH) Project.

When asked if the water use estimate provided was for the NZ1 plant, the DRH plant, or both, Heather Manuel, vice president of corporate communications for Gevo, replied, “Both – we have an agreement with Kingbrook Rural Water for our water supply and do not require a permit.”

On February 6, 2023, Summit Carbon Solutions announced its partnership with Colorado-based Gevo, although that arrangement is not yet reflected on the South Dakota pipeline route. Sabrina Zenor, director of stakeholder engagement and corporate communications for Summit, stated on January 25 that Gevo would be added to the proposed CO2 pipeline route when the company resubmits its application to the South Dakota Public Utilities Commission. The commission denied Summit’s initial application last September.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

The Iowa Utilities Board has proposed companion bills on energy production in the Iowa legislature this year. The Sierra Club is focused on two provisions in House Study Bill 555 and Senate Study Bill 3075: including battery storage as part of an energy production facility, and designating nuclear power as an alternate energy production facility.

One of the primary criticisms of renewable energy, specifically wind and solar, is that they provide power intermittently. In other words, wind turbines don’t provide power when the wind isn’t blowing, and solar panels don’t provide power when the sun isn’t shining.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

North Dakota officials were pulling no punches during an informational session held in Bismarck last month, highlighting the importance of the Summit Carbon pipeline to both the sustainable aviation fuel market and enhanced oil recovery efforts in the Bakken.

During a December 20, 2023, BEK TV special report that broadcast a Friends of Ag and Energy public information session on the Summit Carbon pipeline, held at Bismarck State College’s National Energy Center of Excellence, Governor Doug Burgum said, “Sustainable aviation fuel, if you want to call it the Saudi Arabia of sustainable aviation fuel, it’s going to happen somewhere between North Dakota and Iowa and in between, the corn belt.”

Kathleen Neset, a geologist and owner of Neset Consulting Service Inc. who moderated the panel, spoke after Burgum, stating the following at the outset:

Continental Resources executive chairman Harold Hamm, center right, is surrounded by Summit representatives during a December 21, 2023 hearing of the North Dakota Public Service Commission. From left to right are Summit Carbon’s general counsel Jess Vilsack; Summit Carbon CEO Lee Blank; Summit Carbon COO James “Jimmy” Powell (seated in the row behind the others); North Dakota Petroleum Council president Ron Ness; Hamm; and Summit Agricultural Group CEO Justin Kirchhoff. (Photo by Kyle Martin, published with permission)

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

While billionaire wildcatter and Summit Carbon Solutions investor Harold Hamm appears to be hedging his bets, Bruce Rastetter, founder of Summit Agricultural Group, which launched the CO2 pipeline project, announced his support for Donald Trump during a Bloomberg News roundtable on January 13 in Des Moines. A Summit Agricultural Group news release also announced the endorsement, which came just two days before Trump’s decisive caucus victory in Iowa.

Meanwhile, Trump lambasted former presidential candidate Vivek Ramaswamy, a vocal opponent of using eminent domain to build the Summit Carbon pipeline, in a January 13 post on his Truth Social platform. Trump declared Ramaswamy “not MAGA” and accused him of using “deceitful campaign tricks.” It was the first time the front-runner publicly criticized Ramaswamy, who ended his campaign and endorsed Trump immediately following the Iowa caucuses on January 15.

Summit Carbon Solutions proposed CO2 pipeline route in Iowa, from the company’s website

Bonnie Ewoldt is a Milford resident and Crawford County landowner.

As 2023 ended, CO2 pipelines were among the most newsworthy developments in Iowa. Summit Carbon Solutions’ proposed CO2 pipeline would cross more than 30 of Iowa’s 99 counties.

Heading into 2024, county boards of supervisors bear a heavy responsibility as they deal with ordinances while the state awaits the Iowa Utilities Board’s decision on Summit’s permit application. 

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

Dr. Mark Z. Jacobson is a Professor of Civil and Environmental Engineering and also serves as Director of the Atmosphere/Energy program at Stanford University, where he has worked for 30 years. He’s spent decades studying ethanol and carbon capture and has published two books that extensively explore those subjects as part of his broader research work examining clean, renewable energy solutions: 100% Clean, Renewable Energy and Storage for Everything (2020), No Miracles Needed (2023).

Thus, Jacobson’s work places him in the eye of the storm surrounding Summit Carbon Solutions’ plan to capture and carry “9.5 million metric tonnes per annum (MMTPA) of CO2 collected from the 34 ethanol facilities, although the pipeline has the potential to carry more.”

Environmental Science & Technology, a biweekly peer-reviewed scientific journal of the American Chemical Society, published Jacobson’s most recent study on October 26. That study, called Should Transportation Be Transitioned to Ethanol with Carbon Capture and Pipelines or Electricity? A Case Study, was funded in part by the Sierra Club.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

Three Iowa women who rely on the Devonian aquifer for their water have filed suit in Polk County seeking to vacate a water use permit granted earlier this year, in connection with a CO2 pipeline project.

Kimberly Junker, Candice Brandau Larson, and Kathy Carter are suing the Iowa Department of Natural Resources (DNR), which on May 29 issued a water use permit to Lawler SCS Capture, LLC. The permit allows the LLC to withdraw up to 55.9 million gallons of water per year from the Devonian aquifer, at a maximum rate of 100 gallons per minute.

Formed in 2022, Lawler SCS Capture is one of myriad Delaware-based businesses affiliated with Summit Carbon Solutions, LLC. The well and associated carbon capture facility would be located on land owned by Homeland Energy Solutions, an ethanol plant and Summit Carbon partner in Chickasaw County. Bleeding Heartland was first to report last month that the DNR issued the Lawler permit.

Attorney Wally Taylor is representing the plaintiffs in his personal capacity. (He is also the legal chair of the Sierra Club Iowa chapter, which opposes Summit Carbon’s efforts to build a CO2 pipeline, but Sierra Club is not a party in this lawsuit.) Here’s the full text of the petition filed in Polk County District Court on October 18.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

The Iowa Utilities Board announced on October 4 it was canceling the remainder of its 2023 monthly public board meetings, previously set for October 9, November 7, and December 12. The board’s news release cited a “high volume of docket calls,” as well as “the risk of ex parte communications under Iowa law.” Screenshots of the board’s October and November calendars, captured on the morning of October 17, document the board’s schedule in the coming weeks.

The board may be scrambling, in part, due to vacancies in two attorney positions, one for Utility Attorney 1, posted on October 11, and the other for Utility Attorney 2, posted on October 10. It is not known whether these positions are due to staff attrition or staff expansion. An October 12 email to the board’s general counsel, Jon Tack, inquiring about the vacancies went unanswered.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

During the Iowa Utilities Board’s October 3 evidentiary hearing on Summit Carbon Solutions’ proposed CO2 pipeline, Summit attorney Bret Dublinske asked landowner Craig Woodward, “Are you aware that in Cerro Gordo County, 83 percent of the route has been acquired by voluntary agreement?”

Brian Jorde, an attorney for landowners who oppose the pipeline, quickly objected. “Irrelevant. And there’s no evidence of that in the record.”

“I think it’s absolutely relevant, and it can be calculated from the Exhibit Hs, but I’ll withdraw the question,” Dublinske responded.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

Last week, North Dakota Attorney General Drew Wrigley denied a request from three counties in the state to investigate Summit Carbon Solutions’ investors. A new statute in North Dakota, which went into effect on August 1, tightens restrictions on foreign ownership of land in that state, among other measures.

But Summit Carbon Solutions, LLC as it exists today was formed in Delaware in 2021, according to the Iowa Secretary of State’s database of business entities. (That database shows the Summit Carbon Solutions, LLC created in Iowa in 2020 as “inactive.”) Wrigley explained in a recent letter to county commissioners that the effective date of the new legislation means “this office is unable to conduct a civil review of the company.”

Wrigley’s argument underscores one of the more disturbing aspects of the Summit Carbon matter, which is the false premise that state and local governments are powerless to regulate a Delaware LLC whose ownership structure remains largely a mystery, and whose own legal arguments identify the pipeline it proposes to build as a security threat.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

During the August 15 Director’s Cut webcast, Dr. Lynn Helms, Director of North Dakota’s Department of Mineral Resources, was asked about the Public Service Commission’s August 4 decision to deny Summit Carbon Solutions’ North Dakota pipeline permit.

Helms first explained that the state’s current CO2 production only meets 3 to 10 percent of the need for shale oil recovery in North Dakota. “So carbon dioxide has got to come to North Dakota from somewhere if we’re going to stabilize and sustain Bakken oil production,” he added.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

A small plane with the tail number N215TS has been making routine flights in Alaska in recent months. Its owner is Eagle Wings, LLC, and its Federal Aviation Administration registration shares an address with Summit Agricultural Group in Alden, Iowa.

When looking at Alaska’s carbon initiatives, one may wonder: Is the Summit project part of a larger plan? Might its pipeline one day transport oil or natural gas?

Eagle Wings’ near daily flights are a tenuous, unsubstantiated link, a pipe dream if you will. But even if these flights are unrelated, other evidence suggests that the Summit Carbon project and Alaska’s aggressive push to advance carbon management and sequestration legislation may not be a mere coincidence.

Bonnie Ewoldt is a Milford resident and Crawford County landowner.

North Dakota’s Public Service Commission threw a major roadblock in the path of Summit Carbon Solutions’ Midwest Carbon Express on August 4 when its three members unanimously denied the company’s hazardous CO2 pipeline permit. According to the commission’s chair, Randy Christmann, Summit “failed to meet its burden of proof to show that the location, construction, operation and maintenance will produce minimal adverse effects on the environment and upon the welfare of the citizens of North Dakota.”

Summit’s proposed route in North Dakota was part of a 2,000-mile, five-state Carbon Storage and Sequestration (CCS) plan to carry hazardous liquid CO2 from seventeen ethanol plants in South Dakota, Nebraska, Minnesota, and Iowa to North Dakota. where it would be permanently buried underground in abandoned oil wells west of Bismarck. When operational, investors in the $5.5 billion project would reap billions of dollars profit in carbon capture with 45Q federal tax credits. 

However, without the Public Service Commission permit and access to North Dakota’s underground storage sites, the Midwest Carbon Express is a pipeline to nowhere. 

Cato is an attorney who spent most of his career fighting for civil liberties and other public policy matters in Iowa. He is a lifelong Iowan. His legal interests include constitutional law (separation of powers), federalism, legislative procedures and public policy, and the laws of war. Editor’s note: Bleeding Heartland allows guest authors to publish under pseudonyms at Laura Belin’s discretion.

INTRODUCTION

The Iowa General Assembly changed some practices in light of the Iowa Supreme Court’s ruling in LS Power Midcontinent v. Iowa, which struck down the Right of First Refusal (ROFR) portion of the 2020 Budget Omnibus Bill (House File 2643) as violating Article III, Section 29 of the Iowa Constitution. Justice Thomas Waterman wrote the decision, joined by Chief Justice Susan Christensen and Justices Edward Mansfield and Christopher McDonald. Justices Dana Oxley, Matthew McDermott, and David May recused from the case.

In the weeks following the court ruling, Republicans in both the state House and Senate refused to answer questions during floor debate regarding ambiguities in legislation and other questions relating to how certain language will play out in the real world lives of Iowans. Iowa media covered those developments in April:

• Todd Dorman, Cedar Rapids Gazette, Iowa Senate GOP has no answers
• Zach Sommers, We Are Iowa, Iowa Republicans refuse to answer questions during debate, citing recent Iowa Supreme Court Case
• Stephen Gruber-Miller, Des Moines Register, Iowa Senate Republicans’ new strategy is to stop answering questions during bill debate
• Laura Belin, Bleeding Heartland, Republicans shatter another Iowa Senate norm
• Erin Murphy, Cedar Rapids Gazette,  Iowa Republicans self-censor debate, citing Supreme Court ruling

Senate and House Republicans seem to have stopped answering questions because the Iowa Supreme Court’s LS Power ruling extensively quoted comments Senator Michael Breitbach made while floor managing HF 2643. They apparently believe the Court used these floor comments as justification for striking down the ROFR provision at issue in that case. 

Attorneys for the state and for intervenors filed applications on April 7, asking the Court to reconsider its conclusions and holdings in the ruling. LS Power filed its response on April 19. The Supreme Court denied the request for a rehearing on April 26 without much explanation. An amended opinion released on May 30 corrected some (but not all) factual inaccuracies in the initial ruling. 

The General Assembly adjourned its legislative session on May 4 without any action in response to the court denying the requests for a rehearing. Only time will tell how this constitutional impasse between the legislative and judicial branches gets resolved. Paths available to both branches could restore the balance of power without escalating the dispute. 

Regardless of how long it takes or how the dispute gets resolved, Iowans must never forget that your constitution exists for the sole purpose of protecting and guaranteeing your individual rights and liberties as free and independent People. Iowa Const. Art. 1, Sec. 2 (“All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.”). 

This article hopes to explain why the Iowa Supreme Court and Republicans in the Iowa House and Senate are both guilty of violating the Iowa Constitution, while also seeking to provide a framework to resolve the impasse between the legislative and judicial branches. Similarly, this article hopes to persuade a future litigant to nudge the court in the right direction in a future case, and to persuade the people to nudge the General Assembly in the right direction consistent with this constitutional framework. 

To that end, here is the analysis of Article III, Section 29 of the Iowa Constitution from the perspective of the Iowa People. 

All four Iowans in the U.S. House voted on April 26 for a plan to raise the debt ceiling by $1.5 trillion for the coming year, in exchange for “aggressive caps on federal spending” over the next decade.

The House approved the Limit, Save, Grow Act of 2023 by 217 votes to 215, meaning House Speaker Kevin McCarthy had no votes to spare.

The speaker secured passage of his bill by making concessions on biofuels subsidies on the eve of the vote. McCarthy had previously indicated he was not open to altering the bill, but a group of Republicans from the Midwest—including Iowa’s Representatives Mariannette Miller-Meeks (IA-01), Ashley Hinson (IA-02), Zach Nunn (IA-03), and Randy Feenstra (IA-04)—insisted on changes.

Jennifer Winn is an Iowa Organizing Associate with the national advocacy organization Food & Water Watch. She is based in Sioux County, Iowa.

On March 22, the Iowa House approved legislation to restrict carbon pipelines by a 73-20 bipartisan vote. Though substantially watered down through a last-minute amendment, House File 565 would restrict the use of eminent domain for the hazardous carbon pipelines threatening Iowa.

Unlike many divisive policies passed through the peoples’ chamber this year, the fight against the proposed carbon pipelines has united Iowans from across the state. Polling released last week confirmed, for the second year in a row, that a majority of Iowans don’t want land to be seized for carbon pipelines. The latest Iowa Poll by Selzer & Co for the Des Moines Register and Mediacom found that 78 percent of Iowans oppose eminent domain for carbon pipelines. According to polling commissioned by Food & Water Action, 80 percent of voters favorable to Governor Kim Reynolds oppose eminent domain for the carbon pipelines.

Julie Russell-Steuart is a printmaker and activist who chairs the Iowa Democratic Party’s Disability Caucus. The Iowa House is expected to debate an eminent domain bill (House File 565) on March 22.

Currently, we have a robust nonpartisan movement of people backing legislation that would restrict the use of eminent domain to construct carbon dioxide pipelines across Iowa.

The latest Iowa Poll by Selzer & Co for the Des Moines Register and Mediacom shows an overwhelming majority of Iowans—82 percent of Democrats, 72 percent of Republicans, and 79 percent of independents—are against letting corporations use eminent domain for a land grab to build pipelines. Most Iowans realize these corporations do not have their best interests in mind. From the devaluing of our century farms to the strong risk of a rupture that would endanger lives and health, Iowans have been speaking up about these risks all over the state.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

Sierra Club has been opposed to the carbon dioxide pipelines that several corporations are trying to build across Iowa since the projects were first announced. The pipeline companies claim the capturing of carbon dioxide from ethanol plants will address climate change, save the ethanol industry, and provide economic benefits. There is no merit to any of these claims.

One thing we learned from the Dakota Access pipeline fight several years ago is that the crucial strategy to oppose the pipelines is to organize the impacted landowners into a unified opposition. Through the fantastic work of Sierra Club’s Conservation Program Coordinator, Jessica Mazour, the landowners have created a groundswell of opposition. Their efforts helped persuade Republican legislators to introduce bills that would restrict or prohibit the use of eminent domain for the pipelines.

State Representative Steven Holt introduced one of those bills. Initially numbered House File 368, it was renumbered House File 565 following approval by the House Judiciary Committee.

First in a series analyzing Governor Kim Reynolds’ plan to restructure state government.

Attorney General Brenna Bird would gain direct control over the office charged with representing Iowa consumers on issues related to utilities, under Governor Kim Reynolds’ proposed restructuring of state government.

House Study Bill 126, which lays out the governor’s plan over more than 1,500 pages, contains several provisions undermining the independence of the Office of Consumer Advocate. Iowa House State Government Committee chair Jane Bloomingdale introduced the legislation on February 1.

The Office of Consumer Advocate’s mission is to represent consumers on issues relating to gas and electric utilities and telecommunications services, “with the goal of maintaining safe, reliable, reasonably-priced, and nondiscriminatory utility services.” Much of the office’s work involves matters before the Iowa Utilities Board, which regulates the state’s investor-owned utilities, Alliant Energy and MidAmerican Energy.

Iowa’s four U.S. House members received good news on January 11, when the House Republican Steering Committee agreed on assignments to the chamber’s most influential committees.

UPDATE: All four Iowans received coveted committee assignments on January 11, which are discussed here. Original post follows.

The U.S. House spent most of last week mired in the longest-running attempt to elect a speaker since before the Civil War. Iowa’s four Republicans stood behind their caucus leader Kevin McCarthy from the first ballot on January 3 to the fifteenth ballot after midnight on January 7.

Iowa’s House delegation lacks any long-serving members; three are beginning their second terms, and Representative Zach Nunn was elected for the first time in 2022.

As House members receive committee assignments later this month, where the Iowans land could signal how much influence they have with GOP leadership.

Traditionally, members of Congress who publicly oppose their party’s leader are punished. But McCarthy’s team made so many concessions in search of votes for speaker that several Republican holdouts could be rewarded with prime committee assignments—arguably at the expense of those who were loyal to McCarthy throughout.

“I did not see this coming,” tweeted Carolyn Raffensperger, an environmental lawyer and the executive director of the Science & Environmental Health Network. She was referring to the Hancock County Republican Central Committee asking the Iowa Utilities Board to reject proposed carbon dioxide pipelines.

Republican-controlled boards of supervisors in dozens of Iowa counties (including Hancock) have formally objected to CO2 pipeline plans in their jurisdictions. But the December 19 letter, which the utilities board published on December 29, appears to be the first time a county GOP organization has weighed in.

Republican candidates routinely receive more than 70 percent of the vote in this part of north central Iowa, and Democrats have not fielded candidates lately for most Hancock County offices.

The Hancock GOP committee argued against the pipelines on four grounds. Although only one company (Summit Carbon Solutions) has proposed a route crossing Hancock County, the signers asked the board to file their objections to all CO2 pipelines.

Carolyn Raffensperger is the executive director of the Science & Environmental Health Network. Sheri Deal-Tyne is a researcher for the Science & Environmental Health Network.

A contentious battle wages in the Midwest, Gulf states, and California over Carbon Capture and Storage and siting of CO2 pipelines. One key issue in the battle: the federal pipeline regulatory agency, the Pipeline and Hazardous Materials Safety Administration (PHMSA), does not have regulations in place that can assure the safety of these extraordinarily dangerous pipelines. PHMSA itself acknowledges that CO2 pipelines are underregulated, and the agency currently lacks the technical knowledge required to inform minimum safety standards.

The Inflation Reduction Act, which Congress approved and President Joe Biden signed in August, is driving the rush to site these pipelines. That law unleashed a gold rush in 45Q tax credits for carbon capture and storage, and the thousands upon thousands of miles of CO2 pipelines, which would be required to transport the CO2 away from facilities where the CO2 is captured to the disposal or usage sites in distant states.

U.S. Representative Mariannette Miller-Meeks advocated for precision agriculture, biofuels, and expanding nuclear power in comments at the recent 2022 United Nations Climate Change Conference, commonly known as COP27.

Miller-Meeks attended COP27 in Sharm El-Sheikh, Egypt as part of a delegation of six House Republicans who belong to the Conservative Climate Caucus. U.S. Representative John Curtis of Utah formed that caucus last year with support from fossil fuel industry and influential conservative advocacy groups. Miller-Meeks is the only Iowan among the 76 House Republicans currently listed as Conservative Climate Caucus members.

The Conservative Climate Foundation sponsored the House Republican delegation to COP27 and coordinated a panel discussion for the media. Little is known about that organization’s finances; its tax filings are not publicly available on the Internal Revenue Service’s website or ProPublica’s database of tax returns from 501(c)(3) nonprofits.

John Aspray is Food & Water Action Senior Iowa Organizer.

State Senator Sarah Trone Garriott’s victory over Senate President Jake Chapman was a bright spot on a dark day for Iowa Democrats. While Republicans clinched a further majority in the state House and Senate, Trone Garriott pulled off a rare thing for a Democratic candidate — an upset over a sitting Republican in leadership. She previously won a GOP-held open seat in 2020.