The 8th U-S Circuit Court of Appeals in June upheld lower court decisions barring counties from imposing safety standards on a pipeline subject to federal safety standards, in this case, the Summit Carbon Solutions project.
The ruling went against Shelby and Story Counties, two of several counties that are now considering appealing the latest ruling to the full 8th Circuit Court of Appeals.
Wright County Supervisor Dean Kluss stated at his board meeting this week that a decision must be made soon on whether or not to join with the other counties to continue the appeals process, as Wright was one of the original seven counties to take court action.
“They’re trying to get a price and find out what the flavor is for other counties sharing in that cost. I’ve shared that information with the other supervisors. I know that I would vote that we would share in that cost. I feel that this is a property rights issue and I think that the courts have gotten it wrong.”
If the full 8th U-S Circuit Court of Appeals based in St. Louis sides with Summit, then the only remaining appeal for the counties would be to the U-S Supreme Court.
