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. 

If there was any lingering doubt that the fix was in on the Iowa Utilities Board’s hearing on Summit Carbon Solutions’ proposed CO2 pipeline, it was quickly extinguished on the morning of September 5, when attorney Brian Jorde filed a Motion for Temporary Stay of Evidentiary Proceedings.

Jorde represents Iowans who own land along the pipeline’s path. He and other attorneys representing parties that oppose the pipeline have been subjected to a stealth Iowa Utilities Board hearing schedule that grows increasingly erratic by the day. This approach has rendered the hearing in Fort Dodge a solid contender for Dante’s tenth circle of hell, with the ninth circle, treachery, playing a pivotal role in the descent of the proceedings.

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:

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. 

Late in the afternoon on Friday, August 18, attorney Anna Ryon filed a Motion to Stay Proceedings on behalf of Kerry Mulvania Hirth with the Iowa Utilities Board (Summit Carbon Solutions, LLC, IUB docket number HLP-2021-0001).

In the motion, Ryon asserts that Board staff “improperly coerced Ms. Hirth into relinquishing her right to participate in this proceeding that was granted by the Board on July 19, 2023.” Items 12 to 15 of the motion are reproduced in full below: