SUMMIT CARBON SOLUTIONS, LLC v. KASISCHKE

No. 23-1186.

Summit Carbon Solutions, LLC, Appellee, v. Kent Kasischke, Appellant.

Supreme Court of Iowa.

Filed November 22, 2024.


Attorney(s) appearing for the Case

Brian E. Jorde (argued) and Christian T. Williams of DominaLaw Group pc llo, Omaha, Nebraska, for appellant.

Ryan G. Koopmans (argued) of Koopmans Law Group, LLC, Des Moines; Bret A. Dublinske, Brant M. Leonard, Kristy Dahl Rogers, and Nicci M. Ledbetter of Fredrikson & Byron, P.A., Des Moines; Brian D. Boone and Michael R. Hoernlein of Alston & Bird LLP, Charlotte, North Carolina; and Karla M. Doe and Andrea L. Galvez of Alston & Bird LLP, Atlanta, Georgia, for appellee.

Jason W. Grams and Theodore T. Appel (until withdrawal), of Lamson, Dugan & Murray, LLP, West Des Moines, for amici curiae Liquid Energy Pipeline Association and American Petroleum Institute.

Tara Z. Hall of Dentons Davis Brown PC, Des Moines, and Colin Smith, of Sullivan & Ward, West Des Moines, for amici curiae Iowa Utility Association and Iowa Association of Electric Cooperatives.

Waterman, J., delivered the opinion of the court, in which all justices joined.


This appeal presents our court's first, limited, foray into legal challenges to a proposed underground carbon dioxide pipeline. A Hardin County landowner refused to allow a surveyor for the pipeline developer to enter his private property. The district court ordered the landowner to allow the surveyor temporary access pursuant...

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