Regulators deny Steve King pipeline participation

But group of state legislators is granted right to intervene after request is filed by Charles City’s Rep. Charley Thomson

By Jared Strong, Iowa Capital Dispatch

Steve King, a former northwest Iowa congressman who has recently spoken out against the use of eminent domain to build carbon dioxide pipelines, will be excluded from participating in an upcoming permit hearing as an “intervenor,” according to the Iowa Utilities Board.

But the IUB did decide to allow a group of state legislators who call themselves the Republican Legislator Intervenors for Justice to participate as intervenors for the Summit permit.

Rep. Charley Thomson, a Charles City Republican and attorney, filed the request on behalf of the group. The identities of its members are unclear in IUB filings.

The IUB in February granted an intervenor request from Rep. Charles Isenhart, a Dubuque Democrat. Because of that, in what it described as a “difficult decision,” the board also granted Thomson’s request.

“The board is not aware of any statute providing members of the Legislature with individual standing to appear in executive branch proceedings,” the IUB said. It added: “This issue may be appropriate for further review in a future docket.”

Former Congressman King, a Kiron Republican, is among dozens of people and organizations that petitioned to participate as intervenors in Summit Carbon Solutions’ permit process.

Those who are granted intervenor status are generally directly affected by a pipeline proposal or represent a group of people who are affected.

They can present witnesses and prepared testimony and can cross-examine witnesses during the final evidentiary hearing. They have the potential to elongate the proceedings.

Floyd County, among a number of other counties through which the pipeline is proposed to pass, has been granted intervenor status.

The final evidentiary hearing for Summit is set to begin in about a month in Fort Dodge, and there are more than 1,000 parcels of land that are subject to eminent domain requests from the company for easements.

King spoke at an event earlier this month in Fort Dodge, hosted by the Midwestern Coalition to Protect Private Property Rights, and said the state’s elected officials have largely stayed away from the fray. He encouraged people to contact legislators with their concerns and to join with others to delay the permit processes.

Two other companies have pending carbon dioxide pipeline proposals, but Summit’s is the furthest along.

“Mr. King is concerned about federal constitutional issues relating to the use of eminent domain for Summit’s proposed hazardous liquid pipeline and the use of eminent domain for private gain against the clear constitutionally protected property rights of his former constituents on whose behalf he consistently advocates and consults,” wrote Anna Ryon, an attorney who represents King, in his request to intervene.

Ryon said King was involved in the development of a “significant number” of ethanol plants in the state. Summit’s pipeline is meant to transport captured carbon dioxide from ethanol plants to North Dakota for underground sequestration. Its network of pipe would span more than 700 miles in Iowa.

“His history and commitment to the (ethanol) industry over five decades provides a broad and deep knowledge of the entire landscape of this contentious issue,” Ryon wrote.

But the IUB last week denied King’s intervenor request.

“The board finds Congressman King, while having a general interest in the docket, will not be affected by the board’s decision in this docket,” the IUB said in an order issued Wednesday.

“Additionally, the board finds other parties to this proceeding also have raised constitutional claims and will adequately represent the interest in which Congressman King seeks to intervene on,” the IUB said.

King has five days from that order to submit additional information in support of his request.

“We’re evaluating our options,” Ryon told the Iowa Capital Dispatch.

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