Iowa Supreme Court September 12, 2018
September 12, 2018 was the day Iowa landowners and the Sierra Club’s oral arguments in the case against the Iowa Public Utilities Board (IUB) were heard before the Iowa Supreme Court. The landowners and Sierra Club contend that the Public Utilities Board improperly allowed Energy Transfer Partners to use eminent domain to force Iowa landowners to let the Dakota Access Pipeline be constructed on their land.
One of the main objectives of the First Nation-Farmer Climate Unity March was to call attention to this court case. We had a large banner saying Stop Eminent Domain Abuse with us on the March. A similar sign was painted on our portable rest room/shower.
I didn’t enter the Court that day because I had my camera with me, and photos weren’t allowed inside. As my friends left the Court, they told me the justices seemed pretty well informed about the issues. The Court’s decision may not come for weeks or months. It is unclear what will happen if the Court decides for the landowners.
The other primary purpose of the March was to build a community of activists who began to know each other so we could work together. This court date was the first opportunity for that to happen, and I was very glad to see quite a few of my fellow Marchers at the Court this morning.
The decision several months later was against the landowners and for the pipeline.
Back at the Iowa Utilities Board
We’re back at the Iowa Utilities Board (IUB) these days, this time to object to proposed carbon pipelines.
Another pipeline and the courts
In a decisive victory for Native American rights, a federal judge just ordered an energy company to completely remove a natural gas pipeline.
Seventeen years after the expiration of an easement, a federal judge has ordered an energy company to completely remove its pipeline from the properties of 38 Native American landowners — none of whom have been compensated for the company’s use of their land since the year 2000.
Now, the pipeline company will have just six months to dismantle and completely remove the structure.
“Having carefully reviewed the parties’ submissions, and in light of the facts and circumstances in this case,” Judge Vicki Miles-LaGrange wrote in the 10-page decision for the U.S. District Court for the Western District of Oklahoma, “the court finds that a permanent injunction should be entered in this case. Specifically, it is plaintiffs’ interests in the exclusive possession of their land which has been invaded by the presence of the pipeline and defendants’ continued use of the pipeline.
JUDGE ORDERS REMOVAL OF GAS PIPELINE FROM NATIVE AMERICAN PROPERTY By Staff, nativefire.blogspot.com, November 25, 2017
I’m having trouble finding much more information beyond this article saying the US 10th Circuit Court of Appeals stayed the permanent injunction of the case cited above.
While Enable Midstream Partners LP recently lost a U.S. 10th Circuit Court of Appeals ruling regarding its pipeline operation near Anadarko, the company will not be forced to rip up 1,300 feet of the pipeline.
It came out of the Tenth Circuit court this week in a case involving a group of tribal landowners who filed suit a few years ago and accused the company of trespassing.
The Tenth Circuit ruling this week stayed a permanent injunction handed down earlier by Oklahoma City U.S. District Judge Vicki Miles-LaGrange in which the company had been ordered to remove the pipeline by May 5.
Enable Won’t Be Forced to Remove Pipeline After Losing Lawsuit, OK Energy Today, April 26, 2018