What could be ahead for Shelby, Story counties' pipeline court battle

The Shelby County v. William Couser case closed last week when the U.S. Supreme Court declined to hear it.Shelby and Story counties fought a years-long battle for the right to set ordinances on where pipelines could go.In October, Shelby and Story counties’ boards of supervisors took the last step.”This was sort of the last-ditch appeal,” says Jennifer Zwagerman, the director of the Drake Agricultural Law Center. “Once the Supreme Court declines to take on your appeal, it means they didn’t look at it. They didn’t review it in the sense of for the issues, just that they didn’t see whatever would inspire them to take it on.”Previous legal avenues ended with the courts deciding in favor of Summit Carbon Solutions.The company plans a pipeline to transport carbon dioxide over multiple states.Courts ruled the Federal Pipeline Act superseded county law.”The chance that we would see the counties, same counties, different counties having something again would mean we’d have new litigation moving through the courts at some point,” says Zwagerman.Zwagerman says Statehouse action could be a different way to address the counties’ concerns about public health.”I think they probably are looking for different avenues to press their case, to make their claims. The legislation that’s currently out there may play a role in that, too,” Zwagerman says.Already, House Republicans proposed House File 2104. It focuses squarely on eminent domain related to carbon pipelines.KCCI Investigates heard previously from one of the county’s supervisors.They tell us they will be in touch with their legal counsel going forward — to weigh their options.WATCH: Iowa House advances bill banning eminent domain for carbon pipelinesWater mattersZwagerman sees potential for big topics like water to emerge. She points to urgency about nitrates levels being high in the past year.Since Jan. 6, the Central Iowa Water Works’ nitrate removal facility has been partially running. It’s uncommon for it to operate in winter months, CIWW says.Farmers face a host of challenges, she says, so it may be up to policymakers to help address water.”We can’t have daily stories about the farm economy and prices and all of these other challenges that relate to trying to keep farmers in business, period, and then expect them to have all of this available funding to invest in water quality projects and taking certain lines out of production or buffer strips,” Zwagerman says. “This really is a public good and that means the public needs to do this.”In 2010, Iowa voters approved the Natural Resources and Outdoor Recreation Trust Fund. Part of its proceeds would go to protecting and improving waterways.Lawmakers have not approved funding it so far.Eminent domain againHouse Republicans introduced House File 2104.The bill would prohibit the use of eminent domain related to carbon dioxide-transporting pipelines.In the 2025 session, the topic dominated attention. The issue in the end got vetoed by Gov. Kim Reynolds.Zwagerman says the pace is notable.”I think it does say something that it did come up so quickly,” Zwagerman says. “It means people who are thinking about it and working on this for months, you know, coming into to session.”