Carbon pipeline opponents share concerns with county officials

Antelope County Commissioners listened to comments from opponents of a proposed carbon-capture pipeline earlier this month.

Jane Kleeb, founder of BOLD Nebraska, was scheduled to meet with Holt County Supervisors, Feb. 16, but a Central Nebraska snowstorm kept her from making the trek from her home in Hastings to O'Neill.

Before Antelope County leaders, Kleeb outlined her organization's fight against the Keystone XL pipeline and how she worked with area landowners to protect property rights.

She pointed out several audience members who were part of that "historic fight."

"I certainly care about climate change, but that wasn't the key issue we were fighting. We took it on because it was a foreign corporation trying to use eminent domain for private gain.

Kleeb said the fight against the carbon-capture pipeline is similar.

"It would carry carbon dioxide, captured mostly at ethanol plants across the midwest. It would be piped at very high pressure, pretty much double what traditional oil and gas pipelines are, and then they're telling us it's going to be safely injected into the ground."

She asserted carbon capture methods would also take place at coal and manufacturing plants along the proposed route.

"It's fanciful thinking ... the government decided they were going to double, triple, quadruple tax credits called the 45Q," Kleeb said. "A couple years ago, a carbon pipeline could make $600 million and now they're going to make $1.2 billion a year for at least the next 12 years, which is how long the new tax credit is in place."

Pipeline companies are asking for a permanent easement.

"They've already threatened eminent domain. I know the companies come and say they want to do that as a last resort, but it's always hanging over the head of a landowner. We believe if a landowner doesn't want wind or doesn't want solar or doesn't want a pipeline on their property, they shouldn't be forced to take any type of energy project that comes their way."

A press release from Summit Carbon Solutions, dated Feb. 16, reports the company has collected more voluntarily-signed easement agreements "for more than 60% of the proposed pipeline route project wide." Four thousand agreements have been signed by landowners in Iowa, Minnesota, Nebraska, North Dakota and South Dakota.

"Landowners across the Midwest are embracing Summit Carbon Solutions because they know it will bolster the ethanol industry long term, drive growth in our ag economy and strengthen land values and commodity prices," said Summit Carbon Solutions' chief executive officer, Lee Blank. "The Summit team along with our 33 ethanol and sustainable aviation plant partners are tremendously pleased to sign easement agreements totaling more than 60% of our project across all five states in our footprint."

According to Kleeb, ethanol plants and carbon pipeline companies will benefit by making money. Capturing the carbon will also lower the emission score of an ethanol plant.

The difference, she said, is how carbon pipeline companies present benefits to the ethanol plants and the public, including potential sales of ethanol to other states, like California, where low carbon regulations are already in place.

"The problem with that is, there is no contract with California, to say they're going to buy 'X' more ethanol from Nebraska or Iowa, if we put these carbon capture facilities in and bury the carbon. There's no guarantee," she said.

She presented a sample ordinance mirroring county regulations with state laws regarding pipelines. Regulations BOLD Nebraska would like to see in place include a county routing process, setback distances, construction mitigation, depth of pipeline, emergency response plans and an abandonment plan.

"In absence of a county or state law, that means if a pipeline company abandons, especially these which are a risky venture and could essentially go belly up in 10 years, that would mean the landowner would be left with the pipeline in the ground," she said.

What are the risks associated with this type of pipeline? In addition to lack of safety and abuse of eminent domain, Kleeb told commissioners the pipeline is being sold as "a climate-change tool, but in fact, it will probably be used for enhanced oil recovery in order to get more gas and oil out of the ground."

"It's no surprise that a lot of the sequestration sites they are proposing are right next to gas fields," she said.

Commissioner Keith Heithoff asked if the pipeline would lower greenhouse gases once the pipeline is put in place.

Kleeb said she doesn't necessarily believe the hype.

"There's not a lot of government oversight because it is such a new project," she said.

Approximately 5,000 miles of carbon pipeline are currently in place across the U.S., according to Kleeb. Most are used for enhanced oil recovery.

"We don't have a lot of case examples we can go visit in another state where they've been running pipelines for the past 25 years and injecting it safely in the ground and show the actual climate impact," she said. "I don't believe they are being built for climate change. I think they're being built because there's a whole bunch of tax money on the table in order for these companies to cash in quick."

"It goes to more than just California. I think they can sell ethanol worldwide," Heithoff said.

He questioned Kleeb's use of facts, including how coal-fire plants release carbon.

The concern boils down to the safety of communities along the route.

"If they burst, they will kill whatever is in the vicinity ... whether it's people or cattle," she said. "The companies are hiding their plume studies."

The study would show how far the contaminant travels in case of a leak or explosion. BOLD Nebraska is currently involved in litigation against carbon-capture companies to have those records released.

"As landowners or people in the community, we should know that basic information," she said.

Commissioner Regina Krebs said the group should consider the studies.

She said, "The guy who was here (from Summit Carbon Solutions) said that if it leaks, that would be the base. It would take out, absorb all the oxygen in the area."

Heithoff said setbacks should be in place.

Commissioner Charlie Henery said the county's planning and zoning board is working on updates regarding pipelines.

Commissioner Neil Williby asked audience member Bob Krutz what setbacks are currently in place.

"Zero," Krutz said.

The sample ordinance given to commissioners applies to all federal and state laws. According to Kleeb, suggested setbacks in the ordinance range from 500 to 2,000 feet, depending on the type of dwelling.

Henery asked Kleeb why the law was going into place and asked if her husband, Nebraska rancher Scott Kleeb, uses distiller grain.

"Yes and I support ethanol," she said.

Henery responded, "That's a very important part of what we do in rural Nebraska. To make ethanol out of our corn, have distiller grains go back to our cattle, it's very important to have the ethanol plants open. I see both sides, but if the federal government had not told these people, 'Hey, we're going to shut you down in five years because you're not taking care of your carbon emissions,' this wouldn't even be in place."

No federal regulation or law exists requiring ethanol plants to lesson their carbon footprint in five years or they will be shut down, according to Kleeb.

"I know that's what carbon pipeline people are saying, but there's no law that says that. In fact, there's no way it would get through Congress because Republicans and Democrats both support ethanol," she said. "I know that's one of their talking points."

Williby asked if the pipeline is federally funded.

According to Kleeb, all tax credits the companies would apply for are from federal funds.

Krebs also said outlining emergency response practices will be essential.

County road superintendent Aaron Boggs said Summit Carbon Solutions has said they will train fire departments and emergency responders how to respond to leaks.

"The plan is in place," he said.

Rick Christiansen, owner/operator of Proper Valley Farms in the rural Plainview and Brunswick area, told commissioners he has farmland the company wants to cross.

"There's a tile line every 50 feet. My landlord will not do it. They said they'll fix it, but if you're not standing there making sure it's straight and the way it should be, it's not going to be right," Christiansen said.