(Red Oak, Iowa) – The Board of Supervisors in Montgomery County met in a regular session this (Tuesday) morning, in Red Oak and held considerable (continued) discussion, with regard to an ordinance for a proposed carbon transfer pipeline. During the Public Comment portion of the meeting, the Supervisors heard from several people who are in support of the ordinance, including Jan Norris from West Township in southwestern Montgomery County. She praised some members of the Board for actions they have already taken in support of an ordinance to regulate pipelines. Norris acknowledged there are multiple misconceptions about pipeline safety and permitting, as well as several questions that need to be asked still, before any such ordinance is set into the County’s Code of Ordinances.

She said she called the Iowa Utilities Board (IUB) last week, asking that they consider putting out a fact sheet for the public to review for consideration when it comes to pipeline placement on their properties.

Jan Norris

Maggie McQuown, a Board of Adjustment member who resides west of Red Oak, said she supports a carbon pipeline ordinance. She mentioned two BOA members would have a pipeline on their property if it becomes constructed.

Two residents of a home in the far southwest corner of Montgomery County, said the pipeline will come too close for comfort to their residence. Lori Johnson spoke on behalf of special needs resident Sarah Johnson, whom she lives with in the home.

In September, members of the Montgomery County Planning and Zoning Commission met and voted to recommend the Board of Supervisors adopt an ordinance for the proposed Summit Solutions Pipeline project. The Commission’s recommendation was based on a similar Ordinance adopted by the Shelby County Board of Supervisors.

In related news, the Montgomery County Board of Supervisors discussed, and unanimously agreed to sign a letter engaging the Ahlers & Cooney Law Firm if it should become necessary for legal action. Shelby, Bremer and Palo Alto Counties have taken similar action. Ahlers & Cooney Special Counsel Tim Whipple explained what the next steps might be, with regard to costs and a possible pool to share those costs.

Ahlers & Cooney Special Counsel Tim Whipple & the Montgomery County BOS (10/4/22)

Whipple said he’s set to hold a conversation with officials from ISAC (Iowa State Association of Counties), to possibly work with them with regard to representating the member counties as a whole, instead of separately. He was asked if Montgomery County passes an ordinance, “is it enforceable?” In a long-winded answer, he said the IUB can impose conditions on permits, so in essence, there is some teeth in a local ordinance.

“The answer,” he said, “is yes, if you do it right.” But he advised the County not to attempt to “dictate” terms to the pipeline company about its operations and engineering aspects, because they are likely not enforceable and would be preempted by federal law. The Iowa Utilities Board–not the county–will make the ultimate decision on the pipeline’s fate. The Board opted to wait on yet more information before approving any ordinance that may be drafted.