Jun 30, 2026 ORDER ON REMAND WITH CONCURRENCE IOWA UTILITIES COMMISSION DOCKET NO. HLP-2021-0001
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ORDER ON REMAND WITH CONCURRENCE
IOWA UTILITIES COMMISSION
IN RE:
SUMMIT CARBON SOLUTIONS, LLC
SUMMIT CARBON SOLUTIONS, LLC
DOCKET NO. HLP-2021-0001
ORDERING CLAUSES IT IS THEREFORE ORDERED:
ORDERING CLAUSES IT IS THEREFORE ORDERED:
1. The Utilities Commission shall take official notice of the passage of South Dakota House Bill 1052.
Filed with the Iowa Utilities Commission on June 30, 2026,
2. Ordering Clause 5 of the Utilities Commission’s June 25 2024 Final Decision and Order shall be amended to state: “Summit Carbon Solutions, LLC, shall not commence construction on any segment of pipe in Iowa until it has obtained agency-level or substantially similar approval for a route and sequestration site, except as described in Ordering Clauses 6 and 7.”
3. Any other requests related to the remand are denied as moot or are deferred for the Utilities Commission’s consideration as part of an amendment proceeding consistent with the Polk County District Court’s ruling.
UTILITIES COMMISSION
Sarah Martz, Chair
Sarah Martz, Chair
Joshua Byrnes, Commissioner
CONCURRING OPINION
In its June 25, 2024 final order, the Commission, in part, held that Summit Carbon Solutions, LLC, could not commence construction until it first obtained certain approvals from other states. I dissented from this portion of the final order, reasoning that “an agency should both stay within its jurisdiction and exercise such authority as it is instructed to exercise by law,” and the majority’s decision to condition its approval “upon decisions made by another agency or another state … gives away duties that have been assigned to it by the Iowa Legislature.” However, the majority disagreed and, consequently, acquiring these other state approvals stands as a lawfully imposed condition on the permit.
I believe the Commission’s approach set forth in this order is legally appropriate and reasonable. I write separately to simply reaffirm my prior position that I believe such conditions were improper.
Erik Helland, Commissioner
ORDER ON REMAND WITH CONCURRENCE
IN RE:
SUMMIT CARBON SOLUTIONS, LLC
DOCKET NO. HLP-2021-0001
https://freesoilfoundation.com/wp-content/uploads/2026/06/HLP-2021-0001-Order-on-Remand-2026.6.pdf