(Radio Iowa) – Thirty-seven Republicans who serve in the state legislature are filing lawsuits in state and federal courts that challenge the Iowa Utilities Commission’s decision to grant Summit Carbon Solutions a permit for its proposed pipeline. Representative Charley Thomson of Charles City, an attorney, is a spokesman for the group. “I’m not sure we should call it a pipeline, actually,” Thomson says. “It’s better described as a tax credit harvesting mechanism because that’s the only real purpose it serves.”

Summit’s pipeline would qualify for billions in federal tax credits for capturing carbon and storing it permanently underground. Thomson says he’s happy for people to make money, but when state regulators approved the project, Thomson argues the property rights of Iowa landowners who object to the pipeline were violated. “That is going to dig up, against their will, the farmland of hundreds of Iowans, many of which are Century Farms, for no good reason. We were unable to get the Iowa Utilities Commission to focus on the question of a lack of public use here. If anything, if I may coin a word here, it’s ‘anti-useful’ because it puts people at risk,” Thomson says. “…It is taking away a right that we cherish in this country.”

Thomson is speaking at a news conference later this (Wednesday) afternoon next to the hospital in Charles City. “Where we will be standing would be in the ‘kill zone’ of the pipeline if a leak were to occur,” Thomson says. “According to the calculations that our people have done, a cloud about 18 feet tall would reach the Cedar River near the pipeline by the hospital if it were to rupture.”

Thomson says there’s a chance the group’s federal lawsuit might wind up in the U-S Supreme Court and lead to overturning a 2005 opinion on the use of eminent domain. The so-called Kelo decision OK’d the use of eminent domain to seize private property for economic development. “There’s been a lot of commentary ever since Kelo came out about its legal deficiencies, its constitutional deficiencies,” Thomson says. “We are hoping and thinking that the time is right to bring this to the U.S. Supreme Court eventually and get the Kelo dissent adopted as the law of the land.”

In his dissent, U-S Supreme Court Justice Clarence Thomas criticized the majority’s decision on eminent domain — saying it meant that while citizens are safe from the government in their homes, the homes themselves are not.

(Here’s the list of legislators who’ve signed onto the lawsuit: Senator Kevin Alons, Senator Rocky De Witt, Senator Lynn Evans, Senator Jesse Green, Senator Dennis Guth, Senator Mark Lofgren, Senator David Rowley, Senator Sandy Salmon, Senator Jason Schultz, Senator Jeff Taylor, Senator Cherielynn Westrich, Representative Eddie Andrews, Representative Brooke Boden, Representative Steven Bradley, Representative Ken Carlson, Representative Mark Cisneros, Representative Zach Dieken, Representative Dean Fisher, Representative Dan Gehlbach, Representative Thomas Gerhold, Representative Cindy Golding, Representative Helena Hayes, Representative Bob Henderson, Representative Steven Holt, Representative Heather Hora, Representative Thomas Jeneary, Representative Bobby Kaufman, Representative Joshua Meggers, Representative Anne Osmundson, Representative Bradley Sherman, Representative Jeff Shipley, Representative Luana Stoltenberg, Representative Henry Stone, Representative Mark Thompson, Representative Charles Thomson, Representative Skyler Wheeler, and Representative Derek Wulf.)