FreeSoil Foundation
14 Feb 2025  

A small group of Hardin county residents met with our state legislators today, 14 Feb 2025 to discuss issues of concern.  Sen A Sweeney and Rep J Meggers were in attendance.

Highlights of the Property Rights Issue.

Sen Sweeney answers eminent domain question posed by Katherine Stockdale, Hardin Co landowner, who has ground that is being threatened by phase one and phase two of the SCS hazardous liquid CO2 pipeline.  

Watch the video here:** https://rumble.com/v6kvrsj-sen-sweeney-and-rep-meggers-mtg-in-ackley-iowa-14-feb-2025.html

We are also sharing an audio file of the public meeting recorded by Stockdale to validate the authenticity of the video/audio.
These two are shared in their original unedited form.  

We at FreeSoil Foundation are completely perplexed of the blatant disregard for landowners rights to property.  Please hear Sen Sweeney’s response again in regards to eminent domain.

NO where in the Constitution especially in the 5th Amendment is the term “for public benefit’ used.

Senator Sweeney’s may have reservation on the use of eminent domain but…. but she it sounds like the use of eminent domain may be fine with her for the following reasons…  per her response:  

L isten to the video above again, look how she is so hesitant to respond:

1. “I don’t want Iowa to be closed for business and screaming eminent domain and absolute NO on eminent domain makes us appear we are closed for business.  That’s one of my concerns” ….
2. “I don’t disparage anyone for some capitalism” …  Did I hear that right?
3. “If it’s going to enhance our crops being able to sell our crops for more with the ethanol plants and being able to deliver to the ethanol plants and increasing, I would love if we had E85…”
4. “Sustainable Aviation Fuel”  [SAF]
5. “Bring Down our CI” [carbon intensity score]

BEFORE WE MOVE ON TO SAFETY, let’s hear what a local supervisor had to say about her response!

Comment from Corey Cerwinske, Bremer County Supervisor

“For Senator Sweeney to justify the destruction of prime agricultural lands and allowing Private landowner rights to be steamrolled in the name of “Iowa being Open for Business” is shameful and borderline fascist.  With an extremely large majority of Iowans standing firmly against the use of eminent domain condemnation specifically for a private for-profit entity to construct and operate a CO2 pipeline for the primary purpose to collect Federal Tax credits for a fictitious and disproven concept, Annette is desperately trying to justify State Government maliciously carving out and protecting the ability for her largest campaign donor to circumvent landowners Constitutional Rights to their health, personal safety, and land rights.
Every County Government that steps up to protect their citizens’ rights are quickly steamrolled by a well-funded and well-connected Summit Carbon Solutions to intimidate any other officials from even considering similar actions.  There are several pieces of legislation that would provide a backstop for local governments to exercise these codified protections of landowner rights, but Annette and her colleagues in the Iowa Senate are running cover to subvert these bills.  Shameful!”

**end of comment.

SAFETY:

The group also heard about the safety aspects of the pipeline.  Someone seemed clueless!  
This entire project is a big safety risk…. for the people of Iowa Falls and everyone that falls within miles of the hazardous liquid CO2 pipeline.

Photo download:  MILE 2

First ring is one mile radius and second ring is two miles from the proposed CO2 pipeline at the Iowa Falls Poet ethanol plant.  Mrs. Stockdale explained to all the many places that fall within one mile and others that fall within two miles..  

Much of Iowa Falls is in the hazardous area (emergency planning zone) of two miles and even the Senator’s home is within the two mile ring.

 

 

Now See US Dept of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) Propose New Rules to Strengthen Safety Requirements for Carbon Dioxide Pipelines.
These rules have been placed on hold due to the Trump Admin.

 

New Proposed Rules: PHMSA Notice of Proposed Rulemaking for CO2 Pipelines – 2137-AF60

2 mile Emergency Planning Zones

PHMSA Notice of Proposed Rulemaking page 11
(16) introduce new requirements at § 195.210 for operators of all carbon dioxide pipelines to establish emergency planning zones extending two miles on either side of their pipelines that will inform operators’ efforts in ensuring members of the public have adequate emergency response information.

** Question:  Why were the final rules PHMSA delayed so long, did the two miles rule have anything to do to it?

 

Definition of a “highly volatile liquid or HVL” to explicitly include carbon dioxide

PHMSA Notice of Proposed Rulemaking Pages 64-65

However, because the § 195.2 definition of “HVL” references only hazardous liquids, it does not include carbon dioxide in any phase, despite carbon dioxide meeting the thermodynamic and chemical characteristics described in that definition in the supercritical, liquid, and gas phases (i.e., it will form a vapor cloud when released to the atmosphere and has a vapor pressure in excess of 176 kPa (40 psia) at 37.8°C (100 °F)).

92,93: A release to the atmosphere of carbon dioxide, whether transported in the gas, liquid, or supercritical phases, from a pressurized pipeline will result in the formation of a vapor cloud that can entail severe public safety and environmental consequences because carbon dioxide is denser than air, odorless, and colorless. A carbon dioxide vapor cloud can flow considerable distances from a pipeline unobserved, travel over various terrains, and displace oxygen while settling or filling in low spots. Oxygen displacement can starve gasoline- or diesel-powered equipment, such as first responder and private vehicles, causing such equipment to malfunction or even shut off. Oxygen displacement by carbon dioxide can asphyxiate humans and animals and may lead to death. Further, carbon dioxide can cause disorientation, confusion, and unconsciousness, which can be dangerous for persons caught in a vapor cloud.

94: Lastly, carbon dioxide vapor clouds could contain other carbon dioxide product stream constituents that themselves entail public safety and environmental risks, which, as explained in section II.B above, is an increasingly likely scenario given the increased interest in CCUS infrastructure. As the carbon dioxide pipeline network is expected to expand over the next several decades as described in section II.B of this NPRM, the public and the environment would experience a greater risk of being exposed to harmful or deadly concentrations of carbon dioxide  in the event of a release from a carbon dioxide pipeline facility.

95: The public would benefit from those pipelines being subject to the heightened safety measures already required of pipelines transporting other HVLs, which carry similar risks and cause similar safety and environmental consequences due to their tendency to form vapor clouds that can migrate beyond the immediate location of a pipeline. PHMSA is therefore proposing to revise the definition of a “highly volatile liquid or HVL” to explicitly include carbon dioxide. The public would benefit from the more stringent HVL requirements because carbon dioxide in each phase behaves similarly to other HVLs when released from a pipeline. Operators of HVL pipelines must comply with additional requirements, including, but not limited to, the following: valve spacing and location (§§ 195.260 and 195.418); pressure testing (§§ 195.302, 195.303 and Appendix B to Part 195); enhanced emergency planning and notification procedures (§ 195.402); pipe movement restrictions (§ 195.424); overpressure safety devices and protection system testing (§ 195.428); and IM program implementation (Appendix C to Part 195). PHMSA also proposes certain other enhanced requirements for HVL pipelines relating to: safety related condition reporting (§ 195.55, discussed in section III.B.1); vapor detection and alarm systems (§§ 195.263, 195.429, and 195.452(i)(5)); and IM, including vapor dispersion analysis (§§ 195.452 and 195.456), among others.

 

Local Governments can do more and some have!

Role of local government include setbacks per letter below.  Most Counties that have implemented new setbacks have faced litigation.

PHMSA Letters to Summit Clarifying Federal, State, and Local Government Pipeline Authorities

 

Becky Schipper from Ackley World Journal Editor covered the event and can be reached at:
E-mail: news@iafalls.com  Phone: 641-847-2592