(Red Oak) On Tuesday morning, a large crowd gathered in the second-floor courtroom of the Montgomery County Courthouse to express their opinions regarding the proposed Summit Carbon Solutions pipeline.
Opponents of the pipeline are urging the supervisors to adopt an ordinance establishing setbacks. However, Summit Carbon Solutions has been suing counties that have enacted such laws, which is why the Montgomery County Board of Supervisors has not yet adopted one.
The pipeline discussion was part of the agenda items, and Supervisor Mark Peterson read an email from Tim Whipple of Ahlers and Cooney law firm in Des Moines.
Audio PlayerWhipple stated in the email that, on the one hand, if the county waits to adopt an ordinance after the state issues a permit, it would be difficult to establish a new ordinance because the pipeline company would counter with, “You changed the rules after the fact.” This is a strong argument for considering adopting an ordinance now. On the other hand, if the county adopts an ordinance now, the pipeline company will almost immediately sue the county and point to the adverse ruling on the preliminary injunction issued by a Judge against them in Shelby County. Shelby County has appealed the Judges decision.
Audio PlayerMontgomery County Attorney Drew Swanson appearing at the meeting stated: “The bottom line is YES, this issue is much bigger than Montgomery County, the fact is the relief side post ordinance is not something that is currently within the county’s legal authority to direct. And I cannot in good faith advise the county that it is legally appropriate to take action on something which directly contradicts the current state of the applicable law, which in this case is a federal court order.
Peterson says he has never been in favor of this project, and never will be.
Audio PlayerUnder the action items the board approved the Family Farm Tax Credit applications, Weed Commissioners report, Sheriff fees for the month of November for $3,889.52, Recorders fees of $13,618.85, and Treasurers semi-annual report ending fund balance for November of $13 million-872-thousand, 856.76. The Supervisors also approved claims payable.
The next regular meeting of the board of supervisors will be on December 17, at 8:30 a.m.
