(A report from the Iowa Capital Dispatch) –  A federal appeals court denied a rehearing petition Monday from Iowa counties involved in a case against Summit Carbon Solutions regarding a county’s ability to enact local pipeline ordinances.  Shelby and Story County supervisors petitioned the U.S. Court of Appeals for the Eight Circuit for an en banc rehearing earlier this month following the judge’s ruling in favor of Summit in June.

One judge dissented in the majority opinion that all of the ordinances set by the counties would be preempted by the Pipeline Safety Act. An en banc rehearing, as requested by the counties and supported via amicus briefs from the states of Minnesota, Michigan, Oregon, Vermont and from Pipeline Safety Trust, would require a rehearing of the case with all 11 active judges at the appeals court.

The order denying the petition for rehearing did not include any additional information or opinion from the judge.