Couser v. Shelby County, Iowa
ELR Citation: 55 ELR 20068 No(s). 23-3758 (8th Cir. Jun 5, 2025)
The Eighth Circuit affirmed summary judgment for a carbon dioxide pipeline company in a challenge to two Iowa county ordinances that regulate pipelines. The company, which wants to build an interstate pipeline through Iowa, argued the ordinances were preempted by the Pipeline Safety Act (PSA) and Iowa law. A district court granted summary judgment for the company, and permanently enjoined the ordinances. The appellate court found the PSA preempted the ordinances' setback, emergency response, and abandonment provisions, and affirmed summary judgment for the company.