(Radio Iowa) – County supervisors in Shelby and Story Counties have voted to seek U-S Supreme Court review of their ordinances for hazardous liquid pipelines, like the one Summit Carbon Solutions plans to build. Summit has argued both state and federal laws pre-empt local regulations and, in June, a federal appeals court ruled in Summit’s favor. Lisa Heddens is chair of the Story County Board of Supervisors.

Heddens and other officials in the two counties say their ordinances address safety issues by establishing no-go areas around homes, hospitals and other structures.

Property owners opposed to the Summit Carbon Solutions Pipeline rally at the Iowa Capitol in March. (RI file photo)

Former Shelby County Supervisor Steve Kenkel, who’s now the county’s liaison on pipeline issues, says economic development areas on the outskirts of Iowa towns for new homes and businesses need to be protected.

The ordinances set emergency response requirements if there’s a pipeline rupture.

And Kenkel says since the federal appeals court ruled a federal agency, not local governments, have jurisdiction over pipeline safety, the case could nullify state law.

The counties have hired a D-C law firm and Shelby County has capped its expenses at 60-thousand dollars. Shelby County’s insurance company is covering part of the costs and the rest is coming from what’s left in pandemic relief funds officials set aside three years ago to fight’s Summit’s legal challenge of Shelby County’s pipeline ordinance. Summit argues any county ordinance that attempts to control pipeline routes and regulate the construction or operation of the pipeline is pre-empted by state law.