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. 

While testifying before the Iowa Utilities Board on September 5, Summit Carbon Solutions chief operating officer James “Jimmy” Powell outlined the company’s need for large amounts of water at each of the sites identified as pipeline “partners” throughout the five-state route proposed for a CO2 pipeline. “We’ll need the water supply at every plant, so we’re working with individual plants,” he said. According to the Summit Carbon website, the pipeline would connect to thirteen ethanol plants in Iowa.

Online records from the Iowa Secretary of State’s office show that twelve Summit-affiliated LLCs filed Certificates of Authority as foreign limited liability companies on the afternoon of August 31. A thirteenth LLC, Saint Ansgar SCS Capture, LLC, filed an application for a Certificate of Authority on July 3, which was approved on the same day.

All are identified as member-managed firms formed in Delaware, and all share an address with Summit Carbon Solutions in Ames. SCS Carbon Removal, LLC is identified as the member or manager firm on all of the applications. Jess Vilsack, general counsel for Summit Carbon Solutions, signed for each of the LLCs.

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

When examining the intricate web of businesses that have sprung up around Summit Carbon Solutions, one cannot help but wonder how many private, largely unregulated LLCs are associated with the proposed CO2 pipeline.

Lawler SCS Capture, LLC is among the more recently unearthed businesses formed by Summit. On May 29, 2023, the Iowa Department of Natural Resources issued a water use permit to Lawler SCS, which shares an address with Summit Carbon Solutions in Ames. The permit expires on May 28, 2033. Lawler SCS submitted its application to the department on April 17.

The permit authorizes Lawler SCS to:

Luke Hoffman is the Executive Director of Iowa Rivers Revival. He loves the outdoors and grew up in small-towns across Iowa like Emmetsburg, Fredonia, and Thurman. Luke now lives in downtown Des Moines near Gray’s Lake and is a member of the Tall Dog Bike Club. He has a Master’s Degree in Public Administration from the University of Nebraska at Omaha.

People love to be on the water. Communities across Iowa are beginning to realize that our rivers and streams are irreplaceable natural resources that can serve as a tool of economic development and talent retention and attraction. That’s why Iowa Rivers Revival has relaunched our Service Squad program to help plan and support river cleanups each year across the state.

Rivers and streams are a place that can bring cities and towns together to connect and share the love of a safe, family-friendly experience on the water. Usership of water trails has skyrocketed in recent years, and it’s more important than ever to have clean water that people can enjoy safely, whether on a kayak, canoe, paddleboard or tube.

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. 

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

Rules and regulations need to be clear, orderly, and in one place so they can be completely understood and followed. This is especially true of those focused on concentrated animal feeding operations (CAFOs) as they impact the public health of 3.19 million Iowans and water quality of 70,297 miles of rivers and streams.

However, Chapter 65, the Iowa administrative code that regulates CAFOs, is becoming weaker, confusing, and more difficult to use under the dictates of Governor Kim Reynolds’ Executive Order Number Ten. Rather than have all pertinent information in one place, the executive order will fragment Chapter 65’s essential information and scatter it in several locations online and in offices around the state.

Executive Order Ten, dubbed “The Red Tape Review”, directs all agencies to reduce the number of words throughout the state’s entire code, eliminating language deemed unnecessary, redundant, or even too restrictive. Users will now have to search for specific Iowa statutes to completely understand and comply with CAFO rules and regulations. In the case of Chapter 65, some of the missing information will now be housed on the DNR’s website or obtained from a field office. Both environmental organizations and industry groups oppose this change.

The order requires agencies to develop a cost-benefit analysis for all the rules and regulations. We have serious concerns about how the CAFO industry’s financial interests may dominate public health and the environmental protections. The order also stipulates no new rules can be made more stringent than what is already in the code. Most CAFO regulations are anything but stringent and should be strengthened.