William Petroski

bpetrosk@dmreg.com

An Iowa utilities regulator is declining a request from opponents of the proposed Bakken oil pipeline that he withdraw from making a decision on the project.

Nick Wagner, a member of the Iowa Utilities Board and a former Republican state legislator, has been asked by pipeline critic Kriss Wells of Davenport to recuse himself from the case. Wells noted that Wagner indicated during pipeline deliberations last week that he was resistant to recognize climate change because of his fear that it would damage his ability successfully run for political office.

The pipeline, proposed by Dakota Access LLC, a unit of Dallas-based Energy Transfer Partners, would cross through 18 Iowa counties while transporting crude oil from North Dakota's Bakken oil patch to Patoka, Ill. The three-member Iowa Utilities Board is scheduled to resume deliberations Friday on a state permit for the project.

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"The issue of climate change has been raised by multiple parties in this hearing process," Wells said in a filing with the board. "It was designated as an issue by the board in their outline for hearing briefs. It is a critical issue for the future of our environment. Public officials are expected to be fair and impartial in their decisions regarding the public trust. Mr. Wagner has indicated that he cannot meet this standard."

Wells is supported in his request by officials from the Iowa chapter of the Sierra Club, who said Wagner actually made remarks about taking a position on climate change damaging his career twice, on Feb. 8 and again on Feb. 11. Therefore, it does not appear to be an off-the-cuff light-hearted remark, the Sierra Club said.

Wagner said in a written filing Thursday that the requests for him to disqualify himself from the case miss the point of his statements and that he won't step down.

"My point was that regardless of whether I believe climate change is caused by fossil fuels, I believe climate change is not entitled to great weight in our deliberations in this proceeding," Wagner said. "Fossil fuels are consumed because there is demand in the marketplace and granting or denying a permit in this proceeding will not materially affect the demand for oil products."

Wagner added that evidence in the record shows continued production and consumption of oil despite the possible existence of this and other pipelines, which demonstrates that the market and use of fossil fuels is driven by demand.