Judge issues permanent injunction on Shelby County’s pipeline ordinance

Ruling on lawsuit is scheduled for January

SHELBY COUNTY —  Chief Judge Stephanie Rose, of the Federal Southern District of Iowa, issued a permanent injunction Monday, December 4 to block zoning ordinances in Shelby and Story Counties. However, Shelby County Board of Supervisor Steve Kenkel said the judge only changed the injunction from temporary to permanent until a ruling on the lawsuit is made.
 The lawsuit is scheduled for January.
 “They have not ruled, it’s on pause. A lawsuit is scheduled for the end of January.” The ordinances for both counties set minimum distances to keep pipelines away from cities, homes, and schools, and have requirements pertaining to emergency response plans in the event of a pipeline breach.
 The Shelby County Board of Supervisors drafted the ordinance in the fall of 2022, after Summit Carbon Solutions proposed an underground pipeline route crossing through the county and encroaching on the city limits of Earling.
 Summit then filed lawsuits against Shelby and Story County, stating the counties “lacked the authority” to impose the restrictions. In July, Chief Judge Rose issued a temporary injunction, which Kenkel reiterated, put the county’s authority to enforce the zoning ordinance on pause.
 Summit’s pipeline would transport captured carbon dioxide from ethanol plants and other facilities across five states into North Dakota for underground sequestration.
 In August, Shelby County appealed the injunction ruling to Federal Eight Circuit Court of Appeals, and have yet to receive a ruling on the appeal.



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