Iowa Court Halts CO₂ Pipeline Lawsuit Pending Summit Permit Review

An Iowa judge has paused a legal challenge to Summit Carbon Solutions’ CO₂ pipeline while regulators review proposed changes to the project’s permit and storage requirements.

(P&GJ) — An Iowa district court has paused a legal challenge to Summit Carbon Solutions’ carbon dioxide pipeline permit while state regulators review proposed changes to the project, according to KCRG.

The ruling requires the Iowa Utilities Commission to first decide whether Summit can amend its permit to revise conditions tied to where captured carbon dioxide would be transported and stored. The lawsuit, filed by landowners, counties and environmental groups, challenges the commission’s June 2024 decision granting Summit a conditional permit that included eminent domain authority.

After South Dakota enacted a law prohibiting eminent domain for CO₂ pipelines, Summit sought to amend its Iowa permit to remove requirements tied to approvals in South Dakota and North Dakota. Instead, the company asked that construction be barred until it secures access to one or more permitted sequestration sites.

Summit also requested that the court halt proceedings until the commission rules on the amendment. Polk County District Court Judge Scott Beattie agreed, finding that judicial review should wait until regulators determine whether the permit will be modified.

In his decision, Beattie wrote that continuing the case while the permit is under revision would require the court to evaluate outdated conditions, as reported by KCRG.